Everything posted by albob222001
Hi, I had a general query I was hoping somebody could help me with. On CheckMyFile .com it states: Notice Of Default Definition of 'Notice Of Default' A formal letter from a lender sent when you fall in arrears. The notice sets out the arrears and what you have to do to put things right, within 14 days. Failure to respond to a notice of default results in a default, which appears on your credit file for six years, irrespective of whether you subsequently pay the account in part or in full. The notice is required before creditor (lender) can take any of the following five actions: terminate the agreement, repossess goods or land, demand earlier payment of sums due under the agreement, treat as restricted, terminated or deferred any of the debtor’s rights under the agreement and enforce a security. It applies to all types of breach of a regulated agreement, not just default in payment and is only applicable where the creditor intends to take one of the five types of action. A simple reminder not threatening one of these actions is not a Default Notice and not governed by Consumer Credit Act 1974. Is this an actual rule? Must a lender issue a default notice 14 days before issuing a default?
I have not yet responded to Lowell so I have not admitted the debt to them nor have I made any document request from them at this time. I did contact Vodafone and they did locate the old account but again at this point I have not requested anything from them other than asking them to write off the debt which they refused - that was there final response, I saved the chat transcript. The contract started 14/12/2008 but the default was 02/11/2010 so not barred yet. As bad as it sounds I think maybe just ignore it and hope that Lowell don't escalate it to court and then if they do that request CCA etc but if they don't wait for it to become statute barred. It will be off my credit report in November. Plus it clearly hasn't affected my ability to get a contract with vodafone since I have one with them now on all the same details included address.
I had a contract with Vodafone which I took out in 2008, I got into financial difficulty and my contract was cancelled in 2010. I was on disability benefits at the time and suffering from mental illness but I don't know if that is relevant. In October last year I took out a brand new contract with Vodafone and my payments are up to date. I have been contacted by a debt collection agency (Lowell) chasing a debt of £210 from my Vodafone contract cancelled in 2010. Having chatted with Vodafone via their online chat they have informed me that this was my bill plus an early termination fee. I now have my current contract and an old debt to Vodafone to pay and I cannot afford them both. Can Vodafone chase an old debt if they have issued me a new contract? Do I have any options here?