Default removed, but then...

[gravytrain]

Re: Default removed, but then...

Sorry Nidd, (note to self read previous posts), I seem to have duplicated ,most of what you said

[cardiac arrest]

Re: Default removed, but then...

Just a point worth remembering. They do not have to give you your card back if they re-instate your account(they can cancel your facility to draw down irrespective of default), personally I would not run the risk of falling into arrears again if the account has been put in the black so to speak, again personally I would want to know how much I still owed , when the minimum payment was expected and sum. (I am sure they would relish the opportunity to issue new legitimate charges to the account and re-issue a default).

yes, I'm sure they will be seeking to get their £1300 back..so I expect they will be aiming to add interest etc when they next contact me. They will have to unravel the UE thru' non compliance with CCA...and hopefully Niddy will plot a way though this given the history of what has happened here...they do already know I am unable to pay more than a token amount but just for now I'm enjoying a Xmas with no CRA entry on my file.

I knew I was never going to 'win', and I don't regret what has happened, but they can't get blood out of as stoney broke debtor..well not much hopefully. I did put in a plead for 'compassion' given my health and wealth circumstances, but in true Scrooge fashion, they just said bah humbug !

[gravytrain]

Re: Default removed, but then...

I see, any way put it out of your mind and enjoy the holidays.

GT

[Never-In-Doubt]

Re: Default removed, but then...

yes, I'm sure they will be seeking to get their £1300 back..so I expect they will be aiming to add interest etc when they next contact me. They will have to unravel the UE thru' non compliance with CCA...and hopefully Niddy will plot a way though this given the history of what has happened here...they do already know I am unable to pay more than a token amount but just for now I'm enjoying a Xmas with no CRA entry on my file.

I knew I was never going to 'win', and I don't regret what has happened, but they can't get blood out of as stoney broke debtor..well not much hopefully. I did put in a plead for 'compassion' given my health and wealth circumstances, but in true Scrooge fashion, they just said bah humbug !

Can you remind us, who is the creditor and do you have other debts or just this...?

[cardiac arrest]

Re: Default removed, but then...

Hi Niddy. The creditor is Sainsbury's Bank..this is my only default and was the only CRA entry on my file.Initially they used Blair Oliver and Scott, from 2008 when they issued the DN, they had it until 2010 before it was sold to Hillesden (DLC). I've only ever paid £1pm since 2006 but stopped when the DCA ignored my CCA and your letter about the UE of the 'agreement' they sent me, which I emailed to you. I haven't paid for about 3 months or so.

The o/s amount should be around £6,700 now. The original DN didn't give the required days to remedy, but this was never 'revealed' and I'm not sure they ever knew this, although that looks like it may be sorted if they decide to issue a new DN .

The OC gave me two lots of 6 months reduced payments from Nov 2006 to Nov 2007 and no interest or fees were added.From Nov 2007 to Jan 2008 they added interst and fees, and then after my complaints they did offer a new reduced payment period, for 6 months, but again added charges...but then defaulted me half way through. My ongoing complaint was about the the charges from Nov 2007 to May 2008, and finally they wrote to me saying these were wrong and should not have been applied..hence the refund....and the compensation they gave me.

[gravytrain]

Re: Default removed, but then...

I've only ever paid £1pm since 2006 but stopped when the DCA ignored my CCA and your letter about the UE of the 'agreement' they sent me, which I emailed to you. I haven't paid for about 3 months or so.

I Know it is no use crying over spilt milk, but this was a mistake IMO,

Lack of a CCA never is enough reason to stop paying an affordable repayment plan(especially 25p a week)
It just gives them the opportunity to enforce.

Still hindsight is a wonderful thing unfortunately.

[Spent2much]

Re: Default removed, but then...

I Know it is no use crying over spilt milk, but this was a mistake IMO,

Lack of a CCA never is enough reason to stop paying an affordable repayment plan(especially 25p a week)
It just gives them the opportunity to enforce.

Still hindsight is a wonderful thing unfortunately.

so this is still ue ?

[Never-In-Doubt]

Re: Default removed, but then...

If you continue paying it never becomes statute barred.

Cessation of payments is up to the user. Definitely no mistake here, however if its their only debt I would agree - is that "really" worth trashing a credit file over? If you can't pay and that's that then not much more you can do cos the bank will default you anyway so why pay?

[Spent2much]

Re: Default removed, but then...

If you continue paying it never becomes statute barred.

Cessation of payments is up to the user. Definitely no mistake here, however if its their only debt I would agree - is that "really" worth trashing a credit file over? If you can't pay and that's that then not much more you can do cos the bank will default you anyway so why pay?

Hi Niddy, i edited my reply because i answered before reading the whole thread cos i am too lazy

[gravytrain]

Re: Default removed, but then...

If you continue paying it never becomes statute barred.

Cessation of payments is up to the user. Definitely no mistake here, however if its their only debt I would agree - is that "really" worth trashing a credit file over? If you can't pay and that's that then not much more you can do cos the bank will default you anyway so why pay?

We will have to agree to differ here i think, in my view payment of 25p per week is better than the possibility of a charging order or even just a CCJ, unless the agreement was definitely unenforceable, and in my experience there is no such thing.

[Spent2much]

Re: Default removed, but then...

We will have to agree to differ here i think, in my view payment of 25p oer week is better than the possibility of a charging order or even just a CCJ, unless the agreement was definitely unenforceable, and in my experience there is no such thing.

so why do you think an agreement cannot definatley be unenforceable ?
you will have a lot of members worried now saying that

[gravytrain]

Re: Default removed, but then...

Because at the end of the day it is all down to the man in the big chair, I don,t mean to worry anyone, but I thought that this was understood, you can present the best argument in the world and it still goes tits up, even with the pros. unfortunately.
That is why it is best to avoid court action if possible.

[Spent2much]

Re: Default removed, but then...

Because at the end of the day it is all down to the man in the big chair, I don,t mean to worry anyone, but I thought that this was understood, you can present the best argument in the world and it still goes tits up, even with the pros. unfortunately.
That is why it is best to avoid court action if possible.

So you wouldn't try for UE ?

[gravytrain]

Re: Default removed, but then...

So you wouldn't try for UE ?

I think that if your back is against the wall and it is an issue of letting them stuff you, or making it as difficult as you can for them then it is a no brainier, however once court proceedings became a definite possibility, I would be examining my options and my arguments very careful.

[cardiac arrest]

Re: Default removed, but then...

I don't know enough about the law and it's application, or case history ...hence i rely on the advice I'm given. however much I read up (and I've done loads believe me) I will never know what the court 'mood' is. things change from judge to judge, appeal to appeal, so having someone like Niddy, in whome i have 100% trust because of his inside knowledge, is my lifeline.

other advice I read is variable and often contradictory, so while I ask, and listen...it's Niddy I put my trust in...this isn't a criticism, but many people I've contacted have opinions and ideas...advice and stategies...but this , for the layman, is fraught with danger, as i have found. one person advised to force a new default, the issue of a new DN...then argue remedy by virtue of the refund and demand total reinstatement within 14 days...otherwise claim repudiation...and nothing to pay.

For the ordinary Joe like me, seperating speculation for sound advice is very difficult, so when you come across someone like Niddy...well you hang on to them.

I take the criticism for my actions...sure, 25p a week for ever...until i get my OAP, then they will no doubt take most of that off me...so I will never be any better off and a future of continual struggle. SB or UE whatever, but I hang my hat on that because it provides me, personally, with some hope that the future will one day be a bit brighter...