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Peterbard

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Peterbard last won the day on November 1 2019

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  1. I am unsure if I have already written these points, but this thread is called general points , and unless the OP objects, here are some. Firstly, there are two separate kinds of warning notice issued when a credit card or credit agreement is defaulted. One is for credit referencing the other is to enable the termination and enforcement of an agreement. These are completely separate entities, which may or may not apply to the same date. The one sent to the debtor warning about the impending mention on the file, gives 28 days normally although it is an advisory notice and cannot be challenged, it does not have to be given for an entry to be made on the CRA. The notice sent from the creditor giving notice to take action is however statutory, under section 87 of the Consumer Credit Act, it gives 14 days to pay. A statute barr is a method of limiting the amount of time for the creditor to take an action in court. In contract law, this period is generally 6 years. To be clear this is the maximum time allowed between, the cause of action(for simplicity the default). and the date of the action itself in court. Therefor if you PDL has had an action was brought in six years, the statute Barr no longer have any relevance. If the case was lost it would be a debt under a judgement, not under a default, if it was won, there would be no default to record. Again for clarity, you cannot use a default date on a credit file to sow a default notice date under the CCA 74, as said different things. Regarding an overdraft. There is no requirement to comply to part 5 of the CCA on tacit overdrafts. This is because of a declaration made By the governor back in 1983, part 5 contains section 85. As far as the start date for SB is concerned, section 6(not5)applies in that, instead of a default notice the date on the first full demand to repayment is recorded and used as the cause of action, that is when the SB starts, again nothing to do wih the date on the CRA file.
  2. Makes no difference, suppose you could claim fraud, but not to any effect. Anyway could we stay on topic.
  3. No no. It is just a statement which confirms the default will be recorded, if the account is still in default. Nothing sinister. Although these notifications are not statutory, they are approved. Introduced originally buy the banking act many years ago.
  4. Sorry DX .(and a bit rude, isn't it?) The SB MARKER is deleted, after 6 six years. That is, six years after it had been placed. Not from the default date of the account(issuance of 87 notice. As said. the section 87 default notice is not the same as the CRA notification. In other words the marker must not remain on the CRA file for over 6 years since placement. This is important, not drivel. As the Marker may appear well before the default date for enforcement.
  5. Oh yes you must complain. Legally the burden of proof lies with the debtor. It is only when the SB is claimed the burden transfrers to the claimant.
  6. Yes you still get a notice of recording a default from your bank. 28 days usually although not required by statute section 98 Is a no default termination notice with which the creditor can terminate the agreement at any time, although not demand immediate repayment, on open-ended credit 76 on fixed sum.
  7. The sheriff's office say they will continue to encourage people to pay their debts by phone text and email.
  8. Yes they have to send a section 76 or 98 notice if the terminate. You must keep the first demand for full repayment as this is your start date under section 6 SOL.
  9. "n an overdraft situation if you don't repay it do you get a default notice?" If it is a tacit agreement, that is one that you know is available but just taken without individual notification no. If it has an agreement, yes. " If you do then the SB clock starts at some point after the date of the default notice. For example if you get a notice saying that by x date you must have re-payed then the account is not in default until you have failed to pay according to the notice so the SB clock starts then. " On a tacit agreement, the SB date starts on the first demand for repayment from the creditor, it is classed as a loan for Purposes of the SB
  10. Courts do not grant possession orders at the drop of a hat, and as said, if you have a plan, on how way to handle your finances going forward they will generally fall over themselves to accept it. Do you have other depts. which can go on a DMP, so as to free up money for your mortgages. Since they seem to have capitalised some of your arrears would they agree to doing the same with the rest and extend your term, for instance.
  11. I should point out, that since you are now living abroad, enforcement of that writ would be very difficult. My feeling is that the Bailiff would drop the case and claim the £90 from the creditor. It would be for the creditor to pursue then. The bailiff should not be pestering the occupant of your previous address.
  12. I would find out what happened to your payment first. Ring the bailiff tell them you have already paid this money, and you did not receive any NOE even if they sent one. Ask them what they think you should do as you cannot meet the remaining sum. The may just write off the fee, if they dont come back on ,and tell us what they have said.
  13. The act says that the bailiff fee is due when the bailiff receives the writ from the court, not when the bailiff sends a letter to you. He would have had to find you and process you case. So yes in this regard he is due his fee. He would not however be permited to continue to enforce, (visit you) until he sends a compliant notice to your new address.
  14. The money has been paid yes, but did they call(enforce)to get it? they did not send a notice, you say. They just sent an arrears note. , did they continue the action ?? If they didn't, there is no breach of the act, you paid voluntarily. Fees are due on the bailiff recieving the writ, not sending the NOE to you. see below. or this is what they say, The compliance fee is for all actions 6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—, (a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;and it is dueon the receipt of the writ by thebailiff and signed for, not when the letter is sent. Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs 5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows— (a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage; No my fault, I should have made it clearer for you. How much would you still owe, is it just the Compliance fee of £90
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