BillyTommo's UE Diary

[billytommo]

Egg
Credit Card
18/7/2000
£7,915.71
Last paid approx May 2011
Not paying
CCA'd them in May and got a reply in June.
Both Egg and Capital Credit Agencies have been writing to me
I have had a default notice which will be actioned 29/11/2011
Sent them an 'Account in Dispute' letter recorded 26/11/2011 (I know I should have done so before this date but I should have done a lot of things and haven't!)

Emailed Niddy paperwork to have a look at

[Never-In-Doubt]

Re: BillyTommo's UE Diary

Egg
Credit Card
18/7/2000
£7,915.71
Last paid approx May 2011
Not paying
CCA'd them in May and got a reply in June.
Both Egg and Capital Credit Agencies have been writing to me
I have had a default notice which will be actioned 29/11/2011
Sent them an 'Account in Dispute' letter recorded 26/11/2011 (I know I should have done so before this date but I should have done a lot of things and haven't!)

Emailed Niddy paperwork to have a look at

You actually have a copy of the CCA so no need to send the CCA Chaser letter, if you have not sent it yet then dont!

This may well be unenfoceable right now, ie due to the fact that there are no PT's attached with it however it is easy to remedy and put right, so don't go pushing them - just chill and see what they hassle you with and let us know here then we'll clarify what to respond with, if anything

[billytommo]

Re: BillyTommo's UE Diary

I haven't sent a chaser letter rather an account in dispute letter. I thought that I had to do this so that they know I don't acknowl edge the CCA as a valid one so they cannot move the process on, ie default me and then get me to court. Oh, and I sent it on Saturday.

Billy

[Never-In-Doubt]

Re: BillyTommo's UE Diary

I haven't sent a chaser letter rather an account in dispute letter. I thought that I had to do this so that they know I don't acknowl edge the CCA as a valid one so they cannot move the process on, ie default me and then get me to court. Oh, and I sent it on Saturday.

Billy

Mate for future reference, never presume that they can't do things - they can and do! Legally this debt is owed so legally they will pursue you, we rely on faults within the agreement to force them into a state of UE - we do not tell them their faults, or they will rectify them - ergo, never chase them up - plus you're quite incorrect i'm afraid as they have complied, all they missed was the terms which is easy to remedy, the moment they send terms (which they may well do now as a result of your letter) will make this enforceable and then they *could* pursue it via court.

Never send anything without running it past one of us and getting the aye ok.

[billytommo]

Re: BillyTommo's UE Diary

So I'm a bit confused really, sorry to go on, what's to stop them doing what Mint have done and issue court papers?

[garlok]

Re: BillyTommo's UE Diary

In a word billytommo ----- nothing as I see it. However that would seem a way off at the moment. Niddy is right. What the law says and how these people behave are two different things.

Right at the beginning of our saga I was told that you have to accept once you enter any form of dispute with a bank/creditor they will default you, justly or unjustly. Its a fact of life. Of course they may proceed to court, they may not. As you will have seen heer on AAD there a several ways in which they can be made to back down, but unless you are 100% sure of your case then let things lie. There is a fundamental rule in litigation of any sort "make the B*****DS came to you". there are things which you can safely ignore and there are things to which you should respond, ensuring when it really matters your letter is the top of the file.

Never "pursue" a creditor by chasing things up, always wait until they chase or threaten you then you go back with the first salvo of their non response/compliance.

regards
Garlok

[billytommo]

Re: BillyTommo's UE Diary

Thanks,

But they have threatened me with the default letter. Surely if I don't respond to that is just like accepting it and 'rolling over', no? Then they will proceed on their merry way all the way to court, like it looks as if is going to happen with my Mint card.

Billy

[garlok]

Re: BillyTommo's UE Diary

Hi billytommo,

I still think you need to heed what Niddy has said, firstly not responding to something is definitely not rolling over and letting them walk all over you. Firstly have you examined in detail the letter.
Is it actually a Default Notice served under s87(1) of the CC1974?
Who sent that notice? Did it contain the full name and address of the original creditor or the current actual owner of the debt from whom you have received a Notice of Assignment in Absolute OR neither?
What date did it actually arrive through your door?
Have you marked it up with that date?
Do you have the envelope that it came in duly marked and stapled to it?
What was the date on the alleged DN that you had to rectify the default by? (within a number of days is not acceptable). There has to be a FULL 14days between the date you rceived said notice and the rectification date.
Is the figure demanded absolutely accurate?

However you sit and wait for the attempted termination of the agreement which will be a demand for monies not yet due or a demand for the full outstanding amount. They CANNOT terminate on the back of a defective DN and therefore they have no cause of action in a court until they do issue a fully compliant DN and most of them don't know how to.

At this point you are in the driving seat but you don't keep telling them their faults which they can put right in some cases. If you have any doubts whatsoever about DN arguments that you have read on other forums, then I would suggest that you read the Amex v Brandon case in the Court of Appeal in our site legal database and the thread which surrounds it.

Finally you are going to get all sorts of threats and bullying and posturing in these matters, have a read around some of the UE diaries and you will see what has happened and what is happening to other people. There are ways of dealing with it and there are ways of putting it to bed at an appropriate time. These people you are dealing with are definitely not going to abide by the law so you have to respond correctly in a legal way which betters your position each time.

regards
Garlok

[billytommo]

Re: BillyTommo's UE Diary

Hi

I sent a scan of the letter informing me I was going to be defaulted to Niddy over the weekend. I suppose that it doesn't help that I've had my head in the sand for a while over all of this so now I'm trying to play catchup! Over the next couple of days I'm going to try and put all of my cards on the diary, I have quite a few. Some I have stopped paying and some I haven't. Things have just got worse at the moment and I need to get them sorted sooner rather than later. Thanks for your help.

Billy

[garlok]

Re: BillyTommo's UE Diary

Ah OK it was only a letter saying they were going to default you and was not headed up by s87(1). Unless you have an NoA, Capital Credit are just acting as DCAs so have no real powers or authority in law.


By the way is your EGG account, one those that has been sold on to someone like Barclaycard? It makes no real differense just gives an idea of the shenanigans they will get up to.

regards
Garlok

[Never-In-Doubt]

Re: BillyTommo's UE Diary

To clarify the DN is sound. Its a full DN as per s.87/s.88 CCA and gives more than enough time to pay arrears etc

[garlok]

Re: BillyTommo's UE Diary

Ah OK mate. Understand.

regards
Garlok

[billytommo]

Re: BillyTommo's UE Diary

So where does that leave me mate? Sorry if repeating myself but, as explained, bit of - no, lot of a newbie here. Added to that, the head freshly out of the sand.....

Oh, and I think it is going over to Barclays. Had comms off them to that effect. Hasn't happened yet, though.

[Never-In-Doubt]

Re: BillyTommo's UE Diary

Right now your issue is this is in essence enforceable so whilst you can ignore it, they may decide court action thus depends on other debts you have you may need to look to go on dmp, consider f&f or monthly instalment plan.

It's not for us to decide I'm afraid, we can only give you the choices

It's ue right now but easy to fix if you see my point.

[billytommo]

Re: BillyTommo's UE Diary

Okay Niddy, thanks for that

I'm just in the process of putting together a diary with all of my cards on. I have quite a few, some which I am still paying, some I am not. I know that I am safe in your sites capable hands so I need to lay all of my cards on the table and then I can start to get myself sorted. It will take me a couple of days.

Many thanks again, you are a star!

Billy