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Totally invalid as the wording is not in the prescribed form. No underlining. Also the date by which the breach must be remedied is not given - it just says 14 days from the date of the notice.
Did the envelope it came in have any identifying postmark on it to prove when it was delivered?
Whatever you do, DO NOT bring their error to their attention! Do nothing. Let them terminate the account and shoot themselves in the foot in the process.
SH
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Totally invalid as the wording is not in the prescribed form. No underlining. Also the date by which the breach must be remedied is not given - it just says 14 days from the date of the notice.
Did the envelope it came in have any identifying postmark on it to prove when it was delivered?
Whatever you do, DO NOT bring their error to their attention! Do nothing. Let them terminate the account and shoot themselves in the foot in the process.
SH
Thanks SH
I have got the envelope it came in (and kept it) but it doesnt have a postmark, it wasnt even sent by 1st or 2nd class post just the junkmail mark (sorry cant remember the proper name for it).
What happens when they terminate account without a valid DN? Sorry if its been asked before.
That's a shame about the envelope but it happens all the time. I suspect these bog standard postal services are used deliberately to cover up the evidence.
The DN is still invalid.
When an account is terminated on the back of an invalid default notice, the creditor loses the benefits of section 87. They are no longer entitled to the balance of the account, but only to the arrears.
It is a useful defence to have in reserve should a signed enforceable agreement materialise. In any court claim the claimant will be put to strict proof that any default notice issued was compliant. This one isn't, so keep it safe.
SH
All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).
If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.
I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.
If I have been helpful, please feel free to click the old scales!
just to add to what Scabhunter has posted, please keep the envelope as that is very important.
From what you say, the default Notice has been delivered in a UKMail or TNT Mail envelope. These are not a recognised 1st Class postal delivery service and have a deemed delivery date of four days after postage.
Thanks Supasnooper couldnt remember UKMail ot TNT Mail (guess thats old age finally kicking in. lol) It does acutally have ukmi and a few numbers on front (no idea what that means though.
The envelope and letter are in a very safe place.
No intention of telling them postggj have learnt from here never tell them anything let them hang thenselves (especially since you say its worth its weight in gold)
No intention of telling them postggj have learnt from here never tell them anything let them hang thenselves (especially since you say its worth its weight in gold)
Excellent.
Keep the thread updated on the developments.
I'm sure you're you'll get more advice as this goes on.
I have today received a letter from M&S but im not sure if they have terminated account or not. Letter dated 20/01/08 exactly 14 days after DN was dated. It says:-
Outstanding Balance xxxx
FINAL DEMAND
This is a final demand as requested by the CCA for full payment of the balance on your account as shown above.
A default notice has already been issued on thuis account and a default will now be registered with the CRA.
Providing you continue to make the payments you have agreed to make on this account you need take no further action.
I do have a reduced payment plan with them at mo.
So can someone please
tell me if account has ben terminated or not.
If they are asking for the full balance of your account, then they are effectively terminating it. Do they put a figure on the 'full balance'?
Alan
Thanks for quick reply.
Yes they are asking for the full balance at the top of the letter. It says 'Outstanding Balance £xxxx.xx.
In the first part of letter they ask for full amount but later on in letter they say continue to pay agreed payments. Im confused. they seem to be saying 2 things.
I would think that they are setting your account to sell. If they are already collecting some money, I guess it makes the account more saleable (if thats the right spelling).
You have an invalid DN which has now - because they have demanded full balance - been terminated. Even if the have a valid CCA, they are now only entitled to the arrears stated on the DN. If they sell it on, the DCA is only entitled to those same arrears. As said before, don't let them know, just keep all this as evidence, in case it ends up in court.
Have you requested a copy of your credit agreement yet?
No I havnt requested my CCA from them yet. Time to do it now i think.
It will be interesting to see what they come back with seeing as account is from 1997 for chargecard and i only signed a application form instore (was given instant decision and credit).
I sent M&S a CCA request signed for 5th Feb. (i have proof of delivery date). Their 12+2 days are now up.
Is it the account in dispute letter next?
Oh i meant to ask I had a card through the door on last Friday from a firm called Secure mail uk. I did ask on here and was told it could be a DCA on a phising trip so havent contacted them.
It would be extreme but do M&S send their CCA replies via secure mail or do they send it Royal Mail?
Thanks
hi
i am a day behind you mine was received 6th feb and i will be sending dispute letter tomorrow, lets keep in touch since both are at same stage
Hi almond.
Sending my letter tomorrow also (cant get out today), will let you know what they reply (if any).
Can I ask, was yours a charge card then converted to a credit card?
Yours is a lot earlier than mine, mine was 1996 (i think. I do know that i had instand credit in store).
Would be interesting to see what they come up with from the 80's.
well todays post has been and nothing arrived just tomorrow now and letter will be in post, i said i thought my limit was £500 when i took it out
but having thought about it i think it was £100
I sent M&S a CCA request signed for 5th Feb. (i have proof of delivery date). Their 12+2 days are now up.
Is it the account in dispute letter next?
Oh i meant to ask I had a card through the door on last Friday from a firm called Secure mail uk. I did ask on here and was told it could be a DCA on a phising trip so havent contacted them.
It would be extreme but do M&S send their CCA replies via secure mail or do they send it Royal Mail?
Thanks
did your cca turn up? mine has'nt need to find out what to do next
M&S Valid Default Notice?
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Originally Posted by ScabHunter
they seem to be saying 2 things.