FiscalFool's UE Diary

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Letter in post today from Mercers, serving me with a DEFAULT notice, and tell me that they are now dealing with my Barclaycard account. Oh they also want a payment making by XX Feb! Yeah Right!

Still not heard back from any of the CCA requests either.

[mk_chatham]

Re: FiscalFool's UE Diary - and General Journal!

Letter in post today from Mercers, serving me with a DEFAULT notice, and tell me that they are now dealing with my Barclaycard account. Oh they also want a payment making by XX Feb! Yeah Right!

Still not heard back from any of the CCA requests either.

Hi FF

Probably worth keeping the envelope if you still have it and make a note of the day you received this on the DN.

Apparently these are often defective, Niddy may want to cast his expert eye over this if things get serious later on.

Good luck

MK

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Oh thank you ...

TOP ADVICE to put the Received Date on the envelope.

Letter Dated : 2nd Feb, Received today 5th Feb,

so not too bad.

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Barclaycard - Platinum

08/02/2011 Received letter today from Barclaycard saying "We acknowledge that we have received your request under S.78. We will respond to you as soon as we can!"

Now they have responded in this manner are they deemed to have replied in the statutory 14+2 days? Or do they have to supply the CCA in the 14+2 days?

Amusingly they used a template letter, and it quotes the Account number in two places. One of them they had changed to be mine, the other was someone else's card number!

[SLUG]

Re: FiscalFool's UE Diary - and General Journal!

Now they have responded in this manner are they deemed to have replied in the statutory 14+2 days? Or do they have to supply the CCA in the 14+2 days?

Amusingly they used a template letter, and it quotes the Account number in two places. One of them they had changed to be mine, the other was someone else's card number!

I think its easy to get hung up on the 14+2 days thing, and that you should be "doing" something when it expires........... If they are looking into it let them take as long as they like, as they will be in default until they do.
Your next move is really when they send you what they can, and you then have something to get your (well, Niddys) teeth into.

For instance: one of my accounts hasn't replied to my request from over 6 months ago, they are therefore in default of my request. I still dont pay anything, they (currently) dont hassle me at all. Sending more letters and filing complaints might spur them into action which seems to defeat the purpose to me.

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

I like your thinking Slug.

[rhinoman]

Re: FiscalFool's UE Diary - and General Journal!

I think its easy to get hung up on the 14+2 days thing, and that you should be "doing" something when it expires........... If they are looking into it let them take as long as they like, as they will be in default until they do.
Your next move is really when they send you what they can, and you then have something to get your (well, Niddys) teeth into.

For instance: one of my accounts hasn't replied to my request from over 6 months ago, they are therefore in default of my request. I still dont pay anything, they (currently) dont hassle me at all. Sending more letters and filing complaints might spur them into action which seems to defeat the purpose to me.

Hi Fiscal & Slug
I Like your thinking to, Slug, I always want to rush things along but must try and learn some times slow and steady is best don't rock the boat.
It's along road ahead but the longer it takes the closer the day of the defaults dropping off.

[Deepie]

Re: FiscalFool's UE Diary - and General Journal!

thats the way to do it nice & easy

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

Now they have responded in this manner are they deemed to have replied in the statutory 14+2 days? Or do they have to supply the CCA in the 14+2 days?

Amusingly they used a template letter, and it quotes the Account number in two places. One of them they had changed to be mine, the other was someone else's card number!

This is now in default of s.78 so they cannot take any action until they furnish you with the agreement - sit tight, ignore them until they respond.

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

This is now in default of s.78 so they cannot take any action until they furnish you with the agreement - sit tight, ignore them until they respond.

Question:
How are they in default? I'm confused ... they've responded within the 14 days to say "We are looking into it, and will get back to you". But the 14 days haven't expired ... so I'm not sure where they have defaulted on s.78.

Please explain

Fankoo

[SLUG]

Re: FiscalFool's UE Diary - and General Journal!

Question:
How are they in default? I'm confused ... they've responded within the 14 days to say "We are looking into it, and will get back to you". But the 14 days haven't expired ... so I'm not sure where they have defaulted on s.78.

Please explain

Fankoo

They can reply how they want - until they send you what you have requested, they are in default. You are not asking for a response, you are asking for documents!

The point is they cant launch anything legal against you etc whilst in default....

Cool?

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

Question:
How are they in default? I'm confused ... they've responded within the 14 days to say "We are looking into it, and will get back to you". But the 14 days haven't expired ... so I'm not sure where they have defaulted on s.78.

Please explain

Fankoo

As slug says!

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Ok I think I understand now:

"By process of asking them to supply the information, they are in default until they can prove I owe them the money!".

I think that's the bit I had difficulty getting my head around ... the fact that by sending them a letter, payments can stop until they prove otherwise.

Then if it is Enforceable, I have to look at my options ... otherwise if not enforceable, just keep batting back letters.

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

Ok I think I understand now:

"By process of asking them to supply the information, they are in default until they can prove I owe them the money!".

I think that's the bit I had difficulty getting my head around ... the fact that by sending them a letter, payments can stop until they prove otherwise.

Then if it is Enforceable, I have to look at my options ... otherwise if not enforceable, just keep batting back letters.

Simple layman version:

s.78 (6) : "If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement;"

Basically, until they respond, they are in default and cannot take any enforcement action. Don't look into things so much, its quite simple - they get 12 days (+ 2 postage days in line with s.7 of the Interpretation Act (1978) - basically this stipulates it is provided that " where an Act authorises or requires any document to be served by post then, unless the contrary intention appears, the service is deemed to he effected by properly addressing prepaying and posting a letter containing the document and unless the contrary is proved to have been effected at the time at which the letter that would be delivered in the ordinary course of post". According to the Civil Procedural Rules 1998 the date of service is deemed to be two days after posting.

Make sense?

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

"By process of asking them to supply the information, they are in default until they can prove I owe them the money!".

No - not at all. See my last post.....

I think that's the bit I had difficulty getting my head around ... the fact that by sending them a letter, payments can stop until they prove otherwise.

No, you shouldn't cease payments BUT I suggest that you do cos I know (with the other info that you provided) whether they are likely to comply or not..... its all linked.

Then if it is Enforceable, I have to look at my options ... otherwise if not enforceable, just keep batting back letters.

Ermm, not quite!

I suggest you read some more diaries and then read some more after that - there are no set rules that everyone follows, doesn't work like that! Each case is unique and specific to the individual. Therefore the best way to determine things - you send off the paperwork, post updates here and we'll guide you til you get the hang of the legal processes - its not as easy as some think as all the laws/acts are different and interlinked to one another...