Default Notice -some Advice Please

miffedpuppy · 25th July 2008, 00:55

What are the concequences of a OC or thier DCA sending out a default notice not in the prescribed terms, ie lower case not upper case, can they reissue the default notice again, as they have terminated the agreement in the original?
Could they then sell on the debt?
Would the debt be enforcable?
Would I have any recourse?

Thanks any advice would be welcome.

miffedpuppy · 25th July 2008, 14:01

Reason I ask is that some of my accounts the default remedy period is 12 days on some the they have lower case statements and in one case the agreement has been terminated twice with only 12 days to remedy.
Any advice would be gratefully received
.

miffedpuppy · 25th July 2008, 16:02

Can someone have a look at these and give me their opinion

http://i299.photobucket.com/albums/m...ppy/hfc1-1.jpg
http://i299.photobucket.com/albums/m...ppy/hfc2-1.jpg

seems to me on the above the dates are out only 12 days, this is a credit card.

http://i299.photobucket.com/albums/m...mercers2-1.jpg
http://i299.photobucket.com/albums/m...mercers2-2.jpg

On this one they have employed lower case seem to remember something pt said about it being upper case in the "IF ACTION NOT TAKEN..." bit, This is a credit card

http://i299.photobucket.com/albums/m...py/lloyds1.jpg
http://i299.photobucket.com/albums/m...py/lloyds2.jpg
Both the above are for the same account 10 days only on the 2005 one and 10 days on the 2006, Can they terminate the same account twice or indeed have they terminated the account (this was for an unsecured loan by the way)

manchester1 · 25th July 2008, 19:15

Miffed puppy, sorry i can,t help i am new on the site, however i am interested to see what the experts think.

Bump

Manc1

pt2537 · 25th July 2008, 20:41

WEll, i can help with the Mercers Default quite easily

LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****

just read that thread, it should help you out as yours is the same as Vianos

miffedpuppy · 25th July 2008, 21:21

Thanks PT i Thought it was but did not want to appear to hopefull.

Any chance you can give me chapter and verse on the others , I have read Vianos thread and I understand that it needs to be in caps.
Story so far Barclaycard have sold the debt to HFO they put in a claim (Turnballs) I had already put in a CCA before they started went legal (they ignored it) i have done my AOS and sent in a holding defence, requested CPR information (they ignored that too) sent in an N244 with a more complete defence (No info) and draft directions (supply or else in 14 days) Their 28 days was up today spoke to the court they said they had untill monday (they must work on a different calender to me) still no reply form them , Court told me my application was in front of a DJ.

Now the stupid question should Barclayshark sell this debt as they have unlawfully terminated the contract.

Having_A_Knightmare · 25th July 2008, 22:16

Can I just clear something up.

If the creditor issues a default notice with the incorrect information (ie Not allowing the correct time to respond) if it goes to Court and you inform the judge he would have to through the case out??

Also can they then just go away and issue another default??

Cheers

HAK

pt2537 · 25th July 2008, 22:35

IMHO,

by cancelling the contract without lawful rights to do so, if they do go ahead and terminate the agreement on a invalid default, then they are arguably in repudiatory breach of that contract

miffedpuppy · 26th July 2008, 16:50

Can any one point me in the direction of where it says in the CCA 1974 that they have to give 14 days notice on a default.
Thanks

BARFLY · 26th July 2008, 17:17

Its subsections 2 and 3 of Section 88 of the CCA. It was updated in the 2006 act from 7 days to 14 days. Check first!

miffedpuppy · 26th July 2008, 18:06

ok then it wont apply to my default notices cos thier dated 2004

creditcardmug · 26th July 2008, 18:25

So for DNs before 2006, is it 14 or 7days?
I mean for instance if the agreement dates from 2000 for example, and the DN is issued now, does it have to give you 14 or 7 days to remedy?

pt2537 · 26th July 2008, 18:35

there seems to be some confusion over the 7 or 14 days

let me clarify, the 2006 act is irrelevant for this issue

we need to look at Schedule 2 of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended

Quote:

NOTES

Amendment

Para 3: in sub-paras (c), (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

Para 6: words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

miffedpuppy · 26th July 2008, 19:26

Correct me if i am wrong but I think the regs apply to the issue of the DN NOT the date of the contract.

So if a DN was issued today its 14 days.

Prior to 19 December 2006 it would be 7 days.

Is this correct PT?

pt2537 · 26th July 2008, 19:28

Quote:

Originally Posted by miffedpuppy

Correct me if i am wrong but I think the regs apply to the issue of the DN NOT the date of the contract.

So if a DN was issued today its 14 days.

Prior to 19 December 2006 it would be 7 days.

Is this correct PT?

Correct

creditcardmug · 26th July 2008, 19:30

Thanks pt and miffed, thats exactly what i was looking for

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