***urgent advice needed***

[Eagle1977]

Re: ***urgent advice needed***

Yep, that would make sense. But, if no CCA was evident, could I question the default?

Anyone?

I feel I am going to have to attend court over this default, which I am fully prepared to do. Just so I can make preparations and gain further advice, could anyone provide me with a link/links on how to start a claim in regards to default removal, what to expect and how to begin. Any success stories would be a real help and inspiration too.

Thanks in advance

Eagle

[Eagle1977]

Re: ***urgent advice needed***

With ccard/bank statements / screen notes of telephone conversations / payments made to the account etc.

Yep, that would make sense. But, if no CCA was evident, could I question the default?

[Amethyst]

Re: ***urgent advice needed***

Ask yourself this question, "If they cannot prove an agreement exists, how can they prove that a debt exists?"

With ccard/bank statements / screen notes of telephone conversations / payments made to the account etc.

[bluebottle]

Re: ***urgent advice needed***

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

If a signed executed copy of the credit agreement cannot be produced. Can I then question the validity of the default?

Thanks

Eagle

I would say that if an alleged creditor cannot produce a valid and legally-executed agreement that complies with all legal requirements, it would bring not only the default into question, but the alleged debt also.

Ask yourself this question, "If they cannot prove an agreement exists, how can they prove that a debt exists?"

[Amethyst]

Re: ***urgent advice needed***

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

Hiya, Things have changed since April 2007 on this front.

It is 12+2 days for compliance then they are in default. While in default they basically can carry on as normal (though should tell you they can't enforce in court but may continue collection activity) but they are unable to enforce the debt (ie obtain judgment in court) though they can start court action. They can produce it at any point in the future and then go to enforcement (ie if in court they could lift a stay/get judgment etc), plus the default period doesn't prevent them adding interest to the debt.

The Criminal sanctions were completely abolished I'm afraid.

Sorry, hope that helps

SHaron
xx

[Eagle1977]

Re: ***urgent advice needed***

They have, I believe, 12 days in which to comply. However, LB members who are more conversant with this area of debt will be able to confirm the timescale a creditor has to comply with a request.

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

If a signed executed copy of the credit agreement cannot be produced. Can I then question the validity of the default?

Thanks

Eagle

[bluebottle]

Re: ***urgent advice needed***

They have, I believe, 12 days in which to comply. However, LB members who are more conversant with this area of debt will be able to confirm the timescale a creditor has to comply with a request.

[Eagle1977]

Re: ***urgent advice needed***

That's strange. They have previously said you have to ask the OC for the agreement. I don't believe Cabot are being full and frank with you. What makes me very wary is that a debt that was subject to dispute and recovery of excessive/illegal/unlawful fees was assigned/sold. To the best of my knowledge and belief, a creditor is not supposed to do so. I am wondering whether you should contact the regulators about this. Other LB members may have different views and suggestions so wait for them to look in before doing anything further.

Hi bluebottle,

Cabot originally said if I believe the default was placed on my credit file incorrectly, then I would need to contact the OC. Obviously, I know this is incorrect because if they are the legal owners of the debt, then they are the data controllers for the account.

I sent a CCA request and a request for a copy of the default notice to the OC. They returned my letter and the statutory fee asking for proof of address. This is strange because they sent me a SAR without any problem! Anyway, I sent them the request again together with the proof of address via recorded delivery last Monday. I've not heard anything yet.

Eagle

[bluebottle]

Re: ***urgent advice needed***

That's strange. They have previously said you have to ask the OC for the agreement. I don't believe Cabot are being full and frank with you. What makes me very wary is that a debt that was subject to dispute and recovery of excessive/illegal/unlawful fees was assigned/sold. To the best of my knowledge and belief, a creditor is not supposed to do so. I am wondering whether you should contact the regulators about this. Other LB members may have different views and suggestions so wait for them to look in before doing anything further.

[Eagle1977]

Re: ***urgent advice needed***

By the look of things, the OC, Screwis, Mucky Hall and Crapbot have been playing Pass the Parcel with the alleged debt. When a DCA contacts you, they have to be able to prove they have a right to collect (acting as a debt collector) or enforce (acting as a debt purchaser) if asked by an alleged debtor.

In answer to the question about Notice of Assignment, there are two such notices - Absolute, meaning they own the debt outright, and Equitable, meaning they don't. You should have received correspondence from each DCA who has handled the debt.

You need to find out where Crapbot fit in and what right they have to be involved.

i have received a reply from Cabot after me requesting clarification on their position and for them to supply me with a valid NOA.

They have ace confirmed that they have purchased the debt and they own it. They have sent me a copy if the NOA which was allegedly sent earlier this year. And it has my old address on it. So, I would have never received it.

[Eagle1977]

Re: ***urgent advice needed***

Aww thank you xxx Sorry to point out the obvious just it hadn't been mentioned and I think a nice bit of sarcasm can go a long way dealing with these people. They are just playing for time, Restons and Cabot have taken to doing it a lot recently, completely unnecessary.

Them playing for time was my thoughts exactly, I wouldn't be surprised if there was something wrong with the CCA or default notice. Or whether they possess them at all. I shall soon find out, because the letter, along with the sarcastic part will be sent off tomorrow.

[Amethyst]

Re: ***urgent advice needed***

Aww thank you xxx Sorry to point out the obvious just it hadn't been mentioned and I think a nice bit of sarcasm can go a long way dealing with these people. They are just playing for time, Restons and Cabot have taken to doing it a lot recently, completely unnecessary.

[Eagle1977]

Re: ***urgent advice needed***

Hi Amethyst

thanks for your reply. I'd like to add this is a fantastic site. I will certainly be mentioning that fact in my covering letter.

[Amethyst]

Re: ***urgent advice needed***

I'd be rather inclined to mention about the SAR being sent without any such shenanigans being needed.

[Eagle1977]

Re: ***urgent advice needed***

That may be them being ultra-cautious about sending out financial information, but with sub-prime lenders you need to be ultra-cautious, too.

If you have evidence of the address(es) at which you were residing when the alleged debt was incurred, send those in addition to evidence of your current address. Mark them as per the example -

BB/1 BB/2

and so on.

Refer to them in your covering letter. Something along the lines of -

"I enclose evidence of previous addresses I have resided at as per documents marked BB/1 and BB/2. My current address is evidenced as per document marked BB/3."

This lessens the opportunities for them to play silly buggers.

Personally, I would have expected a letter asking for proof of address before they sent the SAR. Not, just me requesting the CCA and a copy of the default notice. The SAR contains much more sensitive information surely. Anyway, that is neither here nor there, there must be some logic behind their thinking.

I agree with you on providing the addresses as you stated, and referring to them in the covering letter. This gives them no cause to send my request back.

I've found two bank statements. The first is from my previous address and the second is my current address. I'm not particularly happy with leaving the account number on them. Could I delete these, or will that give them the opportunity to reject my request again?

Eagle