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  • Sosad
    replied
    Re: Starting out

    In 2 Deep it's really comforting to know that , perhaps when I get a bit more knowledgeable I will be able to help someone .. xxx

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  • Deepie
    replied
    Re: Starting out

    We all watch out for each other on here

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  • Sosad
    replied
    Re: Starting out

    Thanks Flowerpower I'm glad you're all watching out for me as I'm working blindly or in other words I'm clueless!!! Take care x

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  • Sosad
    replied
    Re: Starting out

    So they have to allow 14 days + postage . Then I will ignore them for now and see what they send back to me ,as you both suggested thanks again
    Sosad x

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  • ScabHunter
    replied
    Re: Starting out

    Originally posted by Sosad View Post
    the letter is dated 25 th June so they will have given me the 14 days notice ,could I not argue that they have ignored my cca request?
    Ah, but the default notice needs to actually give you 14 days, so if the date given for the time limit is 14 days from the date of the letter, that is proof in itself that you could not have been given enough time. They have not allowed any time for postage or delivery.

    SH

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  • Sosad
    replied
    Re: Starting out

    Thanks Scabhunter yes in 2 Deep is really quick with his replies ,wish I was as sharp as that!!
    To answer your question Scabhunter, yes it states at the top Default Notice ,served under section 87(1) of the Consumer Act 1974 ,but the letter is dated 25 th June so they will have given me the 14 days notice ,could I not argue that they have ignored my cca request?

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  • Sosad
    replied
    Re: Starting out

    Thanks in 2 deep for your swift reply I will send letter to moor croft ,regarding NDR I've only just received the DN today ,

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  • ScabHunter
    replied
    Re: Starting out

    Originally posted by Sosad View Post
    Hiya received letter from NDR regarding catalogue debt stating default notice I've to pay total sum before 9th July!!!if If i do not pay further action may be taken against me.

    Also, ( I'm having a lovely Monday !!!!) Moorcroft have written to me regarding sainsburys account ,stating "to prevent a recommendation to our client to take further debt recovery action,it is essential to settle this debt without delay etc etc.
    I'm looking for some suggestions from you lovely people, what letters if any should I send them . Thank youxxx
    Does the NDR letter actually say “default notice” and mention Section 87 of the Consumer Credit Act 1974?

    If it does, then it is a proper default notice. Default notices need to give you 14 days in which to remedy the breach, and this one clearly does not. Keep that letter safe, along with the envelope it came in.

    It is vital now not to alert NDR as to their mistake, because if you did they could then issue a compliant default notice and terminate the account on the back of that. You want them to terminate the account on the back of the defective notice you have just received.

    These catalogue accounts are hardly ever enforceable, but having an erroneous default can only strengthen your case still further. I would definitely ignore them and let them shoot themselves in the foot.

    Moroncrap are one of the loudest and most obnoxious DCAs, but also one of the most incompetent. If you are scared by DCA threat letters, you will be petrified by Moroncrap. On the other hand, if you can see them for what they are, they are actually one of the easier ones to handle.

    I'll let I2D make a letter recommendation. EDIT - Already done! I2D way too fast for me again.

    SH
    Last edited by ScabHunter; 2 July 2012, 12:36. Reason: I2D too fast again

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  • Deepie
    replied
    Re: Starting out

    Originally posted by Sosad View Post
    Hiya received letter from NDR regarding catalogue debt stating default notice I've to pay total sum before 9th July!!!if If i do not pay further action may be taken against me.

    Also, ( I'm having a lovely Monday !!!!) Moorcroft have written to me regarding sainsburys account ,stating "to prevent a recommendation to our client to take further debt recovery action,it is essential to settle this debt without delay etc etc.
    I'm looking for some suggestions from you lovely people, what letters if any should I send them . Thank youxxx
    NDR Just file that DN away along with the envelope it came in. Looks like they did not give you enough time on that.......when did you receive the DN ?

    Moorcroft I would send this if if were me-------? Account Sold whilst in Dispute

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  • Sosad
    replied
    Re: Starting out

    Hiya received letter from NDR regarding catalogue debt stating default notice I've to pay total sum before 9th July!!!if If i do not pay further action may be taken against me.

    Also, ( I'm having a lovely Monday !!!!) Moorcroft have written to me regarding sainsburys account ,stating "to prevent a recommendation to our client to take further debt recovery action,it is essential to settle this debt without delay etc etc.
    I'm looking for some suggestions from you lovely people, what letters if any should I send them . Thank youxxx

    Leave a comment:


  • Sosad
    replied
    Re: Starting out

    Thanks Flowerpower ,I will send letter suggested by In 2 Deep ,at least I'll blag it for another week
    Take care xx

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  • Sosad
    replied
    Re: Starting out

    Consider it done xx
    Last edited by Sosad; 29 June 2012, 17:34.

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  • Deepie
    replied
    Re: Starting out

    Originally posted by Sosad View Post
    Thanks for the swift reply In 2 Deep I am blagging this one they sent an agreement to me would the letter you suggest still apply ? Thank you
    Yes

    Leave a comment:


  • Sosad
    replied
    Re: Starting out

    Thanks for the swift reply In 2 Deep I am blagging this one , I will send the letter asap thank you xx
    Last edited by Sosad; 29 June 2012, 17:31.

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  • Deepie
    replied
    Re: Starting out

    Originally posted by Sosad View Post
    Letter received from Blair Oliver &scot re bank of Scotland (enforceable )

    Formal notice is hereby given our client has instructed us to commence court proceedings ,papers are now being prepared for commencement of action through my local court ,if you are a homeowner etc etc etc !
    Now I am tempted to ignore but would a threat -o-gram letter be more appropriate any input gratefully received thanks xx
    No don't ignore.........I Would send this if it was me------->Threat by Creditor - To Commence Litigation

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