***urgent advice needed***

[Eagle1977]

Re: ***urgent advice needed***

Hi

im not that technology minded. However, if you think it could help, I can email it to you.

The date on the default is the 22 January 2013. It then goes on to say that I would need to pay the £101.2 by the 10th February 2013? Does that help?

Basically, I went slightly over the credit limit by a few pounds. I set up a direct debit to pay the minimum amount. I continued with this DD for a few years hoping it would just pay the card off eventually. However, they were adding penalty charges of £12.00 plus purchase interest each month. This was continuing for a few years and my payments weren't even covering their charges. So, subsequently the debt was just spiralling out of control.

I should have noticed this earlier, but I moved from my parents house where the account was registerd and never updated the provider with a new address because I moved around an awful lot. Stupid, I now realise!

I sent a SAR to the provider and the total charges amount to £600.00

i even wrote to them and explained what had happened offering to settle the full amount in return for the default being removed. Their answer was 'nope'

Fortunately, I can just pay them off because my circumstances have changed for the better, they just won't remove the default!

[FlamingParrot]

Re: ***urgent advice needed***

i have been looking at the default notice issued to me by these sub-human credit providers.

Is there any chance you could scan it and post it up (removing personal details but ideally leaving dates on as they are important :thumb :typing:

it States:

Account balance £866.70
Credit limit £250.00
Payment Due £101.02

To be compliant, they should only have asked for the arrears, if they were £101.02 that would be OK, however, there's still the issue with the dates .

A non-compliant DN can work in your favour if they took you to court, otherwise it's not something to argue over with them at the pre-court stage.

I have to ask, if the credit limit is just £250, how did the account balance grow to £866.70 by the time they issued the DN? That's over 3 times the limit! :scared:

ok when they issued this notice the account balance was £866.70. However, the default on my credit reference shows as £956.00?

Where has the extra £89.30 come from? Would this be interest?

Probably interest and/or more late charges.

Or is the account terminated from the default

No, the default notice is intended to give you the opportunity to rectify the breach, so the account wouldn't have been terminated at that point.

[FlamingParrot]

Re: ***urgent advice needed***

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

It has been a while since you posted the above, apologies for missing it.

With online applications, a tick box would have been presented to you at the time of the application, saying something like "I agree to the T&Cs..." and you wouldn't have been able to proceed with your application without ticking it. If your application was on or after January 2005, the tick box would have fulfilled the role of a signature and there would be no further need for them to send you a paper copy to sign. The tick box would have been on the online form, not at the end of the T&Cs as with paper applications.

[Eagle1977]

Re: ***urgent advice needed***

Hi everyone

i have been looking at the default notice issued to me by these sub-human credit providers.

it States:

Account balance £866.70
Credit limit £250.00
Payment Due £101.02

ok when they issued this notice the account balance was £866.70. However, the default on my credit reference shows as £956.00?

Where has the extra £89.30 come from? Would this be interest? Or is the account terminated from the default

[Eagle1977]

Re: ***urgent advice needed***

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

Also I asked them for a copy of the DN. They never sent one.

I had to send them proof of address to receive the CCA in the form of a bank statement. I asked them to return it to me with the CCA but they did not!

Can anyone help with this so called CCA?

Eagle

Anyone?

[Eagle1977]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

Also I asked them for a copy of the DN. They never sent one.

I had to send them proof of address to receive the CCA in the form of a bank statement. I asked them to return it to me with the CCA but they did not!

Can anyone help with this so called CCA?

Eagle

[Eagle1977]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

To be honest, I have no idea I would like to assume so. I've sent a CCA request to the OC, hopefully that will include the terms. Personally, I think their stalling just have a feeling somehow.

Eagle x

[Amethyst]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

[Eagle1977]

Re: ***urgent advice needed***

When you set up a DD with the OC what was the DD based on - the minimum payments required? and if so, how were charges continuing to be applied ?

Hiya

yes, they were the minimum payments which continued for approx 2 years. I think the account may have been over the agreed credit limit, so hence the charges added up

Eagle x

[Amethyst]

Re: ***urgent advice needed***

When you set up a DD with the OC what was the DD based on - the minimum payments required? and if so, how were charges continuing to be applied ?

[Eagle1977]

Re: ***urgent advice needed***

This seems to be the issue.What state was the account in when you moved house?

Hi sharon

the charges were all £12.00. In a nutshell, I had set up a DD with the OC, in the hope that the debt would just be cleared over time. I moved around a lot not really settling down anywhere, because of a divorce etc etc. So in all honesty I forgot about it.

As soon as I found a permanent place to live, I wrote to the OC changing my address and asking for an up to date account balance. I received nothing. Some months later, my mum got a letter from a DCA acting on behalf of the OC. My dad has the same name as me so he opened it quite innocently. This, as you can imagine caused me some embarrassment and I had to explain to them what had happened. Well, this is where I found out that all my payments I had made were just being swallowed by their charges and the debt had just spiralled out of control.

I contacted the OC but they were not interested. I checked my CF and only then realised I had a default. If I had received a letter from them I would have resolved the issue. But, I received nothing

Eagle

[Amethyst]

Re: ***urgent advice needed***

This seems to be the issue.What state was the account in when you moved house?

Anyway, I have read through the activity / communication log and it states that I had informed the credit provider if my new address on 11/09/2012. Although, they state they couldn't confirm my new address because they had no phone number. This is because I didn't have a phone at the time. Any how, I had a default registered against me by this company on 31/05/2013. I at no point ever received a default notice, termination notice or NOA. My guess it went to my old address, because despite me informing them in writing that I had moved, they continued sending correspondence to my previous address.

[Amethyst]

Re: ***urgent advice needed***

Were the charges over £12 each time?

[Eagle1977]

Re: ***urgent advice needed***

The default showing on your credit file is a different thing from a default under the CCA.

If you denied ever having had the debt (which you don't) then you could fight the default. If you had the debt, defaulted on it, and they can't find the CCA to enforce the debt by judgment, then the default would stand.

I think it was outlined in McGuffick - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

Since I have concluded that neither reporting to the CRAs during the period of non-compliance nor any of the other steps identified in paragraph 79 above amounts to enforcement of the agreement contrary to section 77(4), no question arises of the claimant being entitled to an injunction restraining the bank from continued reporting to the CRAs or from taking any of the other steps.

Thanks Sharon,

There just seems to be so many inconsistencies in regards to the execution of this default. For instance: approx 76% of the debt are unlawful charges, so they are reporting inaccurate information to the CRA. They never bothered to update my address, which is clearly indicated on their activity log hence I never received a default notice, termination notice or notice of assignement. Although Cabot did send me a copy of the NOA and it has my old address on it!!!

Eagle x

[Amethyst]

Re: ***urgent advice needed***

The default showing on your credit file is a different thing from a default under the CCA.

If you denied ever having had the debt (which you don't) then you could fight the default. If you had the debt, defaulted on it, and they can't find the CCA to enforce the debt by judgment, then the default would stand.

I think it was outlined in McGuffick - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

Since I have concluded that neither reporting to the CRAs during the period of non-compliance nor any of the other steps identified in paragraph 79 above amounts to enforcement of the agreement contrary to section 77(4), no question arises of the claimant being entitled to an injunction restraining the bank from continued reporting to the CRAs or from taking any of the other steps.