Hi postggj So in my case they issued a defective default notice, then terminated the agreement and then fighting off 5 DCA's over 2 years who where working for bank, then bank now sold the account to another DCA. DCA must know about defective DN as they wrote to me asking why i thought the DN was defective, i have never told them about DN So i think i'm in a interesting position on how to reply, any thoughts would be helpfull. Thanks

Hi Elsa and postggj DCA have not issued me a DN, but lots of threatening letters and SD. Finally got fed up and wrote to OFT and FOS, it must have worked because DCA has wrote back asking to talk. I think really what they want is to look good in front of the OFT and FOS by saying, 'look we are asking to talk'. Anyway i never told the DCA, OFT and FOS about defective DN, but in letter from DCA they are asking why i think DN is defective and i owe nothing. Not sure how to reply to this, if i do not reply to them, then i look bad in eyes of OFT, FOS. If i do reply what do i say without showing my hand. I should actually be writting this in my own post

Hi Sorry to just jump in on this interesting thread, but can someone tell me the following: If a DN has to give you 14 clear days, does a letter from a DCA asking for money also have to give 14 clear days to pay, or can they just pick any number of days they like. I.E 5 days therefor 2 days to deliver by post, 2 days to reply, so only 1 day to respond. Thanks and keep up the interesting topic

Things a getting interesting, DCA have not even given me the 21 days to reply to the threat of statutory demand, about 7 days. When i have just opened my mail to find they are going to send someone to my house and serve a statutory demand, and "assess your assets" lol. They have also told me costs of making me bankrupt will be £4500 and added to my debt. Pretty sure only a judge can award cost.

Hi diddydicky At the time i did not know as much about my rights as i do now, i agreed at the time when they phoned me i would pay £50 per month and as such i have paid about £1000 until i got sick of DCA contacting me. But as the arrears amount to £579.57 i have now paid the arrears off. I may be wrong, but as they issued a defective default then they are not entitled to the remaining balance. I have not paid anything to the DCA. Regards

Hi postggj Thanks for the reply, yep crappyquest. 1 more point, never being CCJ'ed or had default on credit file, can they after 2 years put a default on my credit file even though they terminated the agreement. Thanks BarclaysSAR

Hi diddydicky and unclebulgaria67 My scanner makes lots of noise, but does not scan, so i have written out DN letter and TL below. ---------------------------------------------------------------------------------------------------------------------------------- DEFAULT NOTICE This is a Default Notice serverd under Section 87(1) of the Consumer Credit Act 1974 Dated 06/11/2008 IMPORTANT - YOU SHOULD READ THIS CAREFULLY Notice is hereby given that you are in arrears of payments and in breach of the specific provisions of our agreement under which you must make all payments to us punctually on their due date. The outstanding payments are currently: Due on 14/05/2007 £579.57 Late Payment Interest £13.91 Misc Additional Charges £15.00 Total Due £712.53 You are required to send payment of the full arrears direct to this office no later than 20/11/2008 If the action required by this notice is take BEFORE THE DATE SHOWN no further enforcement action will take in respect of this breach. If you do not take the action required by this notice BEFORE THE DATE SHOWN then the further action set out below may be taken against you. Failure to comply with this notice will result in us taken the following action: 1. Serving on you a notice, in writing demanding payment of the outstanding balance calculated as follows: Arrears and accured LPI & Misc Add. Charges £712.53 Total remaining payment: 3,894.74 Less rebate allowable*: £1,669.18 Outstanding Balance: £3,897.74 * The rebate is calculated on the assumption that payment is made on the date shown and reviewed if payment is not made on date shown. ---------------------------------------------------------------------------------------------------------------------------------- Date 04/12/2008 NOTICE OF TERMINATION Arrears: £976.24(Including Late Payment interest & misc. additional charges Due to your failure to pay sums due under the above agreement you have repudiated that agreement We now accept your repudiation as terminating the agreement whilst reserving our rights to damages and other sums due. Without prejudice to the foregoing, you have breached the terms and conditions of the agreement. Under these terms and conditions we now give you formal notice of termination. Our claims for any further sums payable by you will be submittted to you in due course. -------------------------------------------------------------------------------------------------------------- Hi diddydicky Yes they did terminate the agreement, then assign a DCA DCA has not sent me a DN or termination letter, just letter of assignment and now letter threatening statutory demand if money £6500 is not paid in 21 days. Now considering it was agreed with Barclays that i would pay £50 per month which i have being paying for about 2 years, there is no way i'm now going to pay a DCA £6500 when i proberbly had about £1500 left to pay. Thanks BarclaysSAR

Hi Can anyone please tell me whether it is better to inform DCA about invalid DN, or let them take me to court and then have it set aside, or let it go all the way to bankrupcy hearing and then show DN. Thanks BaarclaysSAR P.S Forgot to mention what makes a valid Termination Notice, do they need to include total amount or just arrears.

Hi Sorry to jump in on this, need some advice on whether to inform DCA about an invalid DN, or let them issue a Statutory demand and then have it set aside. My thread is on about page 3 in this section called: To Set Aside Or Not To Set Aside Statutory Demand Thanks BarclaysSAR

Hi rameses_qc DCA sent me a letter saying "The effect of this assignment is that the debt has been assigned to DCA" So i suppose that meets the requirment. Have not yet sent S77/78 info. Thanks barclaysSAR

Hi All Quick update of current events and then looking for advice. Had Baclays loan and the fell behind, Barclays then sent me a defaullt notice with the following info. Due on x date 200x: £579.57 Late payment interest: £13.91 Other Charges: £15 Total Due: £712.53 Further down page: Arrears etc: £712.53 Total remaining payment: £3891.71 Less rebate allowance* : £1669.18 Outstanding balance: £3879.74 * The rebate is calculated on the assumption that payment is made on the date shown and reviewed if payment is not made on date shown. Termination letter received: Header: NOTICE OF TERMINATION Arrears: £976.24 We now accept repudiation as termination of this agreement. More txt etc Had sent barclays a SAR over 18month ago, have proof of delivery and £10 cashed, barclays have never replied to sar. It was agreed with barcalys that i would pay £50 per month and as of 3 month ago had paid £1000 Now out of the blue have received letter from DCA which states blah blah "The effect of this assignment is that the debt has been assigned to DCA" more blah blah. Then 4 days ago receive letter stating they are "considering making an appoitment with you to arrange service of a statutory demand in bankruptcy under section 268(1)(a) of the insolvency act 1986." Atfer reading this site, i know that the default notice is defective as the arrears are incorrect and the DN states outstanding balance, which is also incorrect. Termination letter states arrears only, no total amount owing or date to repay ( not sure whether TN requires this) Also i never received a letter from barclays telling me about Notifications of Assignment ( also not sure whether this is also required). Do i tell the DCA about defective default notice or let them try and make me bankrupt and then have it set aside. As i have paid more than arrears, can i make a counter claim and sue the DCA? Any help on these points would be appreciated. BarclaysSar

Hi Slick132 Thanks for the reply, do you know if on the termination notice, they must give a date for final payment, or can they just put amount owed on? BarclaysSar

Hi Silverfox1961 4 above the 1 on keypad, they claimed in the default notice outstanding balance everything included: £3900+ but when added everything up total balance was say £3000. Plus only 12 days notice as 2 days post not taking into account. So how am i suppose to know correct balance is they send me incorrect balance on default notice. BarclaysSAR

Hi Silverfox1964 I agree, as when previous DCA's contacted me, i informed them about the situation and then returned my details to Barclays. But this DCA have brought my details so Barclays are wiping their hands. My ace card is that on the default notice, the total they claimed i owed when added up by me was wrong by £970. as it was agreed with Barclays that i would pay £100 per month i have actually paid all arrears off. So since they terminated my agreement, i read somewhere on the site that they are only entitled to the arrears which have now been paid, so if DCA take me to court, they have no case 'I hope'. BarclaysSAR

ps forgot to mention, i did write back after about 60days but no joy.