GlobalC's UE diary

[mauijim]

Re: globalcrossings's UE diary

Yes thought i had messed up there, but whats done is done

I keep envelopes solely for the purpose of verifying dates that will aid my case. It is well known that creditors and DCAs can expect action by a certain date but not allow us sufficient time. I had one where they posted the letter 1 day before the date they were aiming for!!

[GlobalC]

Re: globalcrossings's UE diary

[QUOTE=garlok;147334]However do you have the DATE it ACTUALLY dropped through your letterbox?

I would be guessing but going back through this thread i noticed i posted up about this on the 25th Nov, i always post up when i receive something so i would think i received it on the 25th

[garlok]

Re: globalcrossings's UE diary

Hence did it give you 14 clear days to rectify the default from that date?

Does it have the full name and address of the creditor NOT the agent?

Is it accurate?

This is a bit of a problem as it is an OD yes? but it still may be covered. Will have to check your dates an e-mails earlier in the thread.

regards
Garlok

[GlobalC]

Re: globalcrossings's UE diary

Hence did it give you 14 clear days to rectify the default from that date? it was served on the 17th and says i have 17 days to rectify from the date shown

Does it have the full name and address of the creditor NOT the agent? Yes

Is it accurate?

This is a bit of a problem as it is an OD yes? but it still may be covered. Will have to check your dates an e-mails earlier in the thread.No this is a credit card

regards
Garlok[/QUOTE]

[GlobalC]

Re: globalcrossings's UE diary

oops sorry it wasnt served on the 17th that is the date of the notice

[garlok]

Re: globalcrossings's UE diary

Right for a start the DN is defective it must state the specific date that the default has to be rectified by, it must not quote a number of days as yours seems to. Yes I see you have checked whether the CC is UE.

I would now wait to see if they attempt to terminate. Thsi will be in the form of a demand for monies not yet due or a demand for the full outstanding balance. This they cannot do on the back of a seemingly defective DN.

Its worth looking up the DN issues on the site and taking a look at some of the case law. Paul has run with the DN thing partly in Harrison v link and was used effectively Amex v Brandon. Both of these are in the case law database.

regards
Garlok

[GlobalC]

Re: globalcrossings's UE diary

Right for a start the DN is defective it must state the specific date that the default has to be rectified by, it must not quote a number of days as yours seems to. Yes I see you have checked whether the CC is UE.

I would now wait to see if they attempt to terminate. Thsi will be in the form of a demand for monies not yet due or a demand for the full outstanding balance. This they cannot do on the back of a seemingly defective DN.

Its worth looking up the DN issues on the site and taking a look at some of the case law. Paul has run with the DN thing partly in Harrison v link and was used effectively Amex v Brandon. Both of these are in the case law database.

regards
Garlok

Just been having a good read of that section, and it would appear that mine is incorrect. The arrears on the account are less than the over limit so in effect i would still be in breach. However on the covering letter in Bold writing it does state that i should pay which ever is the greater. Pehaps i should upload it somewhere, does niddy specialise in these to?

[GlobalC]

Re: globalcrossings's UE diary

Ok so i have been looking at all post sent to me from Natpest, i was never issued a pre DN notice, i remember having a telephone call where i said i couldn't pay and they said ok we will default you and recommended i made some sort of payment.

17th Nov date of DN
19th Nov Received letter saying they are prepared to accept token payment for 6 months
09 Dec Received Account Termination letter


I have not had any more contact with them since. Any advice on what i should be doing if anything and what to expect, considering this looks defective. I cant find anywhere to upload either

[davidm]

Re: globalcrossings's UE diary

yup your right once i had recieved it i knew it looked coshaaa, so i guess i need to try and proceed with getting them to agree reduced payments for the time being. I have a mbna card that are starting to pee me off think i will hit them with a cca request next. All i ever wanted was for them to all agree to reduced payments and freeze interest for a few months and it looks like im just going to get screwed over....

i tried this with mbna with no result now sending cca

[garlok]

Re: globalcrossings's UE diary

Hi GC.

Upload documents here:-

>allaboutFORUMS

It is a secure section that only Niddy can see, post back here that you have up loaded some material there for his inspection and he will give an opinion. The termination is ineffective legally until they do actually produce a valid DN giving you the requisite time in the prescribed format.

I think you can expect some hassle over this probably initially from in house collections and then subsequently debt collection agencies. As I said no cause of action to go to court unless and until they produce the valid DN. Frankly I would sit and wait to see where they go next with this. The invalid DN is a useful card to have up your sleeve. Don't waste this at this moment in time is my take on it.

I cannot see any requirement in the legislation for a "pre DN" letter. However this could take any form like a denial of your requests, claiming that there is no dispute etc in fact anything related to the account in question and you have defaulted on the alleged agreement in any way, they can report the FACTS to the CRAs and normally after three months of you defaulting they are entitled to just issue in my opinion. I would not rely on any lack of pre DN corresponndence to further my case.

DNs and their surrounding issues are probably one of the most contentious areas of all. Brandon cleared a lot up and a lot of DCAs and creditors don't/won't recognise their own problems with these.

regards
Garlok

[GlobalC]

Re: globalcrossings's UE diary

Thanks Garlok, i have uploaded it to the secure page

[greymatter]

Re: globalcrossings's UE diary

Just a quickie here,when uploading in the secure section do you leave all your personal details for Niddy?
I thought that 'email niddy' is the same secure section .
GM

[garlok]

Re: globalcrossings's UE diary

You can do either GC. I find/found it more useful to use the secure section and post back here to say something is there because it actually is a thread that only you and Niddy can see. It is totally confidential, not even the moderators can see in there ONLY their own thread. This in my view makes it easier for both you and Niddy to carry on a "conversation" about any points that are particularly important and personal hence you leave all of the documents in their original state they are perfectly secure.


Anything that is pertinent discussion to this public thread may be posted back here to help others but please be assured that nothing of a personal nature would ever find its way into the public domain. I know it works I have done it with a contentious piece of our own stuff.

regards
Garlok

[pompeyfaith]

Re: globalcrossings's UE diary

You can do either GC. I find/found it more useful to use the secure section and post back here to say something is there because it actually is a thread that only you and Niddy can see. It is totally confidential, not even the moderators can see in there ONLY their own thread. This in my view makes it easier for both you and Niddy to carry on a "conversation" about any points that are particularly important and personal hence you leave all of the documents in their original state they are perfectly secure.


Anything that is pertinent discussion to this public thread may be posted back here to help others but please be assured that nothing of a personal nature would ever find its way into the public domain. I know it works I have done it with a contentious piece of our own stuff.

regards
Garlok

That is the beauty of this site it really does have the consumers best interests at heart.

[greymatter]

Re: globalcrossings's UE diary

Many thanks Garlok,much appreciated info.
GM