I have been avidly researching Default Notices for some time, and although there are quite a few threads ongoing I thought it might be useful to list any relevant info and links all in one place, for my own and everyone else’s easy reference on this important subject. I must stress that I’m no expert, quite the contrary, and simply hope that this will provide newcomers with a starting point for your own research and (as I am still unclear on the minutiae) a vehicle for further discussion of finer points..so please feel free to add your own links, advice, queries or twopenneth for everyone’s benefit. For those not familiar with the bas

Yes. Savings (windfall income counts as savings) need to be declared, but if it's under £6000 it will not affect the amount of benefit paid. Of course, if she already has money in the bank and this payment will take her savings over £6000, that would affect her benefit. I add my usual disclaimer: although I am a Benefit Delivery Officer for ESA, I can't access details about this particular person. She should contact her Benefit Delivery Centre for advice.

Hi postggj Ok, if you default on the original agreement, fail to make any repayment/arrangement or the debt is farmed out. You are correct. There is further guidance on when the debt is sold on. Op has entered into an arrangement through a debt management company, and has therefore rescheduled the agreement. This is done either formally or informally. Data Protection Technical Guidance. Filing defaults with credit reference agencies. Version 3 02/08/2007 Chapter 18 Formal rescheduling of the agreement. This involves a formal and permanent rescheduling of the payments due on the account. It might includ

Oh I'm sure they KNEW the address but they could claim that they did a land search after the judgement, found the op owned a property and charged it, they werent to know if it was there main residence were they? Common tactic employed by solicitors and cc firms to serve documents to old addresses alas. S.

Hello Spamalot! Sounds like it! Assuming they had a valid Agreement (properly executed Regulated Credit Card/Loan Agreement), then they can sell it, but they can only sell the rights they themselves had at the time of sale... ...having blown their rights to enjoy s87 by Terminating on the back of an invalid Default Notice, then they can only sell the rights to any sums that were due before the Agreement was Terminated. In this case, that would be just the sums already due, i.e. the lawful Arrears. That would not include any Unlawful Charges and/or mis-sold PPI etc. No valid Agreement, then the DCA can bend over and kiss

Hi Keefy, First the important part - my kettle is on tea-stop sorted! Now something to remember is that any documentation can/will be put before the court and will be read by a judge so while I am 100% in favour of going for them I would caution moderation in language. For example I am disappointed rather than disgusted! Furthermore I would severely limit the number of different fonts, colours and styles of script. Remember that these poor people have, for centuries, been limited to the quill pen both physically and mentally. Also it would be useful if you posted it as text rather than an image as we could 'pull it t

Hiya Nursie I've read just about every link going on DNs and confused myself rotten:confused: can you see if you can make sense of this one please.. Dated 14.3.08 (FRI)........remedy 31.3.08..(bearing in mind Easter was early that year and slap bang in the middle of that fortnight!) Nature of Breach.....failed to pay minimum monthly payments of £8973.92 Action required to remedy....payment of arrears of 8973.92 by 31.3.08. The amount stated in Breach and action was actually the entire outstanding balance...which they say they will demand if I don't remedy! Have they in fact accidently terminated the agreement by as

Carrs I would say that this is questionable. If they have no agreement how can you have given permission for them to use your data? If they have not terminated the account I understand that they can issue new DN as it is possible that you rectified the breach and then fell behind again. GK

Hi Lux, Most of the people on here are multiple 'sinners' In my case I ahve spent most of the weekend sorting out all my paperwork into seperate folders which I obtained from Freecycle. Each 'lender' has its own lever arch file and all the papers are ordered. Each 'lender' then has its own thread - in my caser I ahve 5 1 car which is at court stage and 4 CCs - I am dealing basically with one at a time. the car first. Now by sorting out the paperwork I have found that my CCs have sent me bad DNs so the work was not a a waste of time. The main thing is to keep calm and steady away - If I can help feel free to PM me

Hi, In Default, if you have received/they claim to have sent a DN. Delinquent otherwise. Still valid, until you receive a demand for the full oustanding balance payable (past arrears and future payments). A termination notice, Final demand or Court claim should be considered as termination. It is my opinion that termination notices have been replaced with arrears notices. Therefore, the agreements will endure for as long as there are arrears. The original default usually results in the issuance of a default notice. Should the debtor make an arrangement to pay at a reduced level, the creditor can issue

Hi CG, I know you have subbed to this thread but just a reminder... http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help-8.html Fedup has got them backing down a lot so it might be worth pushing them to see how far they will go. My one on the other hand... http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt-8.html is a different story but they are making mistakes left right and centre. In my opinion, if you feel you have a good defence keep fighting back and see how low they are prepared to go because they probably don't have much in the way of

Hi Sb, In that case then I would say definitely dodgy. Now my understanding is that that they are only allowed to claim for the amount that they have put down as arrears and not the whole claim BUT if the amount claimed is wrong then they have forfeited their rights to any amount. It is deemed that they have gifted you the money - maybe they want to start a financial version of Freecycle? If I am not correct I hope that someone more experienced will come along and point it out. GK

Well good luck with it anyway, if you need any more help, I'm sure someone will be able to guide you in the right direction. One thing, if you are planning to ring them, usually it is better to put everything in writing instead as you have a written record then of what has been said and it usually carries more weight as well. Might be a good idea to contact your bank as well and explain what has happened re: the DD, as they might be able to help as well. Hope it all goes well, Magda

Yes I can confirm I sent a account in dispute letter recorded delivery which was signed for on the 21st April. Have heard nothing back yet. Can I just say I started this thread for help and advice and not for abuse. I do not live in a "council house" not that it would matter if I did and I have a perfectly respectable full time job. I'm just a normal person who due to circumstances beyond my control now has a debt which i'm happy to pay off but at an amount I can afford. I certainly don't appreciate the quite frankly childish comments and scare mongering. Thanks to those of you who are obviously genuine, to those of you who think all this is

not half as much as we're going to you're just the latest in a long line of trolls who get their backside well slapped and sent on their way with their tails between their legs,crying for their mummy what really narks troll boys like you is that ordinary people know the law better than you and can make you look like the complete frozen brains with a personality bypass that you know you are come on-give it your best shot.....