Is now the time to move in on DCA's for wrongful defaults???

[Bankers Reform]

Re: Is now the time to move in on DCA's for wrongful defaults???

When I get past the ten post count I can join the VIP area yippee!!!
I would be more comfortable in there, does it have comfy chairs?

[Bankers Reform]

Re: Is now the time to move in on DCA's for wrongful defaults???

I think we all have a good idea what that is. :tinysmile_twink_t2:

Seriously though I am sick and tired of joe public being taken for mugs and spreading the word about this sort of thing is important to me.

In the old days companies went to court and had to prove a debt before destroying someone's credit, not anymore.
Just register a default without proving anything in a legal fashion and they're done, this method is so much cheaper and quicker for them.

This sort of action needs to be stopped and the low life's made to pay from their pockets, it made the banks squeal when the whole bank charges thing went viral and again with ppi, so why not with this.

[Amethyst]

Re: Is now the time to move in on DCA's for wrongful defaults???

pmsl, nahhh chairs in there have spikes and razor blades

(Not really, t'is all cuddles and joy )


(actually, somewhere in between)

[Amethyst]

Re: Is now the time to move in on DCA's for wrongful defaults???

I think we all have a good idea what that is. :tinysmile_twink_t2:

Seriously though I am sick and tired of joe public being taken for mugs and spreading the word about this sort of thing is important to me.

In the old days companies went to court and had to prove a debt before destroying someone's credit, not anymore.
Just register a default without proving anything in a legal fashion and they're done, this method is so much cheaper and quicker for them.

This sort of action needs to be stopped and the low life's made to pay from their pockets, it made the banks squeal when the whole bank charges thing went viral and again with ppi, so why not with this.

Utterly agree with you.

[Bankers Reform]

Re: Is now the time to move in on DCA's for wrongful defaults???

post 11 - off to join the VIP's :bolt:

[Bankers Reform]

Re: Is now the time to move in on DCA's for wrongful defaults???

Utterly agree with you.

Hence me asking the question, do the legal bods here think Durkin v DSG has set a precedent, because if it does then a whole huge can of worms can be opened.
I just want to be at the front of the queue before the DCA's start moaning and going bust because they cannot or will not pay up.

[Amethyst]

Re: Is now the time to move in on DCA's for wrongful defaults???

I'd like it to be a precedent that cancelling a sales agreement automatically cancels any attached credit agreement, but I'm not sure that it does that, however I think it does set precedent that before submitting a Default marker to a CRA reasonable enquiries should be made that the debt exists. Which helps you.

I'm sure the legal bods will give you a more indepth response - that's just my thoughts.

[Bankers Reform]

Re: Is now the time to move in on DCA's for wrongful defaults???

Thanks for the responses Amethyst,

I hope that the DCA's are going through the Durkin v DSG case and getting very worried.
Incidentally this isn't the only case I'm likely to be bringing forward, just don't want to break cover on the others too soon.

I will discuss some of my experiences when I get into the VIP area, and you wouldn't believe some of the strokes these companies pull.

[Rickmaudib]

Re: Is now the time to move in on DCA's for wrongful defaults???

Thanks for the responses Amethyst,

I hope that the DCA's are going through the Durkin v DSG case and getting very worried.
Incidentally this isn't the only case I'm likely to be bringing forward, just don't want to break cover on the others too soon.

I will discuss some of my experiences when I get into the VIP area, and you wouldn't believe some of the strokes these companies pull.

My claim is with the finance companies solicitors (wrongful default after Voluntary termination on a hirer purchase) I have been requesting for a copy of the deault notice, and have just been informed by the solicitor that "You will recall that you voluntarily terminated the agreement therefore there was not requirement for my client to serve you with a Default Notice. Any application you make the Court for disclosure with be strenuously opposed."

I dont understand why a default notice dosent need to be issued on a car V.T. anyone got any ideas????

[Guest]

Re: Is now the time to move in on DCA's for wrongful defaults???

My claim is with the finance companies solicitors (wrongful default after Voluntary termination on a hirer purchase) I have been requesting for a copy of the deault notice, and have just been informed by the solicitor that "You will recall that you voluntarily terminated the agreement therefore there was not requirement for my client to serve you with a Default Notice. Any application you make the Court for disclosure with be strenuously opposed."

I dont understand why a default notice dosent need to be issued on a car V.T. anyone got any ideas????

A defalult notice is only required when the creditor terminates the account, in the case of A VT the agreement is teminiated by the hirer

[ncf355]

Re: Is now the time to move in on DCA's for wrongful defaults???

Andy,

I take it you agree that Rick has an absolute right of action here against those that registered a Default for a VT?

Rick, I'm assuming the VT took place beyond the 50% value mark?

[Rickmaudib]

Re: Is now the time to move in on DCA's for wrongful defaults???

Andy,

I take it you agree that Rick has an absolute right of action here against those that registered a Default for a VT?

Rick, I'm assuming the VT took place beyond the 50% value mark?

Yes I paid a lump sum to bring me upto the 50% mark (there had been 0 late payments or missed ones.) I terminated on the 8 June. 2012

Experian and Equifax show a VT marker in June. callcredit showed a Default in June and only showed a VT in the Oct. I only found out about this default in early Feb this year. after numerous declined mortgage applications. and rubbish financial advisers. this was immediatley removed when I brought it up with the finance company, but the damage has already been done.

I have a feeling that I cancelled my D.D. after doing V.T. and that the Finance Company tried to call it. but that is a gut feeling.

[Guest]

Re: Is now the time to move in on DCA's for wrongful defaults???

Yes I paid a lump sum to bring me upto the 50% mark (there had been 0 late payments or missed ones.) I terminated on the 8 June. 2012

Experian and Equifax show a VT marker in June. callcredit showed a Default in June and only showed a VT in the Oct. I only found out about this default in early Feb this year. after numerous declined mortgage applications. and rubbish financial advisers. this was immediatley removed when I brought it up with the finance company, but the damage has already been done.

I have a feeling that I cancelled my D.D. after doing V.T. and that the Finance Company tried to call it. but that is a gut feeling.

Yes absolutely they should not register a default unless there are additional outstanding undisputed debt on the account.##

The problem here , from the little info given, it sounds like the mistake was rectified once they were informed of it, it may be difficult to claim for damages, see Smeaton vs Equafax.
In the above the judge ruled that the creditor who received a an application and rejected it in light of an erroneous entry was compelled to re-assess the application once the entry was removed without prejudice to the debtor, so there is no damage proven. Now I am not saying I believe this for a minute, but claiming damages on misplaced DN when the data controller rectifies the "error" is notoriously difficult, not withstanding Durkin.

[Rickmaudib]

Re: Is now the time to move in on DCA's for wrongful defaults???

Yes absolutely they should not register a default unless there are additional outstanding undisputed debt on the account.##

The problem here , from the little info given, it sounds like the mistake was rectified once they were informed of it, it may be difficult to claim for damages, see Smeaton vs Equafax.
In the above the judge ruled that the creditor who received a an application and rejected it in light of an erroneous entry was compelled to re-assess the application once the entry was removed without prejudice to the debtor, so there is no damage proven. Now I am not saying I believe this for a minute, but claiming damages on misplaced DN when the data controller rectifies the "error" is notoriously difficult, not withstanding Durkin.

I appreciate the data controller removed it. and if they had placed the default on Equifax and Experian, then I would have found the problem the first time I was declined for a mortgage. but because they had only placed it Callcredit (and nobody I've spoken too has heard of them including HSBC mortgage department) and no notification of the action was given, then I feel it's a speacial set of circumstances. but we'll see.

[ncf355]

Re: Is now the time to move in on DCA's for wrongful defaults???

Interesting case


Call credit are one of the 'big 3' CRA wise, surprised nobody had heard of them, but yes you should have been notified

I appreciate the data controller removed it. and if they had placed the default on Equifax and Experian, then I would have found the problem the first time I was declined for a mortgage. but because they had only placed it Callcredit (and nobody I've spoken too has heard of them including HSBC mortgage department) and no notification of the action was given, then I feel it's a speacial set of circumstances. but we'll see.