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What exactly is a Default Notice?


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Hi, ivetriedallusernamesarg (that's a beauty!)

 

Looks like it's pot luck with the co-op, some get the info pronto, some wait for yonks. You know you should send them this..........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

after the 40 Days are up. Have a look at some of the success threads, they often give you that kind of info...........

 

http://www.consumeractiongroup.co.uk/forum/coop-smile-successes/

 

Regards.

 

Scott.

 
 

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  • 2 weeks later...

Arrived in a bright orange envelope? In the days before everyone had mobiles/email might have frightened you into thinking it was a telegram?

 

Not had one from 'Ron' but plenty from 'Lee'. It's sole purpose is to frighten you into phoning the number.

 

If you can't work out who it's from by matching the phone number, file under I for ignore for now and wait to see what else they send. Above all DO NOT phone unless you withhold your number and want to have some fun with them.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I had several of those in those garish orange envelopes....I assumed they were some sort of phone [problem] to get me to phone some number and be charged a million pounds a minute....So I shredded them...

 

I only found out later they were the Co-Op trying to get me to ring ! To be honest they look so dodgy I am surprised a bank would use them at all...

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Un*^%$&^£ingbelievable ... so now they are sending telegrams aswell as SMS and computerised voice mails?

 

What next? A robotic collection agent arrives at your door? Hmm perhaps we should pre-emptively start buying tazers... actually they could have some effective use on ..... no stop let's there huh:rolleyes:

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  • 3 weeks later...

ring ron later meaning "lateron"

 

 

seriously IGNORE

 

 

one last throw of a desperate organisation

 

just file the letter and the envelope noting the date received never thow anything away.

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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More suited to a teddy bears' picnic honestly!

 

I am so pleased the wonderful Ms McCurren was working on Christmas Day and had so much time on her hands to send me TWO separate letters dated 25.12.07. Thanks!

 

Fat teddy bears's chance of said person replying to any of letters sent to her month + ago?

 

I am still trying to find out why I was sent a telemessage - was it fraudulent or not? Who knows... The Cr*perative's idea of communication is one way only it seems - especially if, as a customer, you are (shock horror wait for it.....) writing to them!!!! I don't think they know what letters are meant for?!!

 

Was told we'll investigate your complaint wihtin 7 days blah blah - yes of course you will - NOT! But it's muggins here's fault that cheque / letter hasn;t reached them.. FIVE days before they sent a letter out to me!!! Does nobody at this organisation READ any letters??? If we were given equitable position then we'd be allowed 14-21 days to reply to their automated letters AND charge them!!!

 

hy are we not allowed to charge them??? If I resgitered myself as an Ltd company would I be able to charge them £x/hour or £y/letter? Must be a way???

 

So unfair - and now I'm annoyed.............

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I've seriously considered setting up a secretarial bureau and charging for the letters I keep producing for myself and other people - £25 a throw for a one page three paragraph letter sounds reasonable by DCA standards.

 

I have also thought of informing them that this money should be deducted directly from the debt as it has been incurred in resolving the problems! Do you think they would fall for that?

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Several threads merged - please stick to one thread per claim, makes it much easier to follow.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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as it asks basically?

 

Also would like to know why banks can inist on customer replying to letters within 7 or 14 days etc 'or else' but they can just ignore your letter and not reply to your time notofications (7 and 14 days)

 

Backround to question anyhow. I got 2 letters from Co-op dated Xmas day (!) regarding my credit card and how they hadn't had ONE payment. In fact it had been sent at least 5 days before they wrote their letter. Also letter asking about possible fraud on my account (long story to do with this wierd telegram!) and for them to confirm my account secure etc and what was this telegram - legit or not. That was in November and only reply i got was 'we will look into it' and 'we'll reply within 7 days'.... that was 2 weeks ago.. anyhow I'm going off track.

 

I have told Co-op I will not discuss financial matters on the phone although I must admit I want to set my mind at rest regarding this Default Notice (couple days left until whatever they said would happen) - they still haven't confirmed they've had my payment you see! It seems ok for them to use excuse of Xmas post delays etc I guess but not for Joe Bloggs?

 

Any advice?

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Hi there, I won`t type your name because it`s too damn long.

 

As far as I can gather a Default Notice is a warning letter that you receive before action is taken on your account.

 

I received about 5 or 6 Default Notices from Egg in the space of two months.

 

As I had (purposely) missed payments for two months, they issued a Default Notice stating I had 28 days to correct the account or I would receive a Default and the account would be handed over to a DCA for collection, horror of horror`s, anything but that.

 

Anyway, about 20 days into the Notice I e-mailed them stating I could pay but it would be AFTER the 28 days had expired, as that was when I got paid. So, they put any action on hold untill I could pay. In a way, I managed to dodge paying them for two months and still go over the 28 day warning without Defaulting.

 

I`m not sure about your CO-OP situation, they don`t seem to be making any sense really.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi moggieb,

 

Thanks for that, I never realised I`d put years instead of days, I wish, LOL.

 

Entry changed, thanks.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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As far as I can gather a Default Notice is a warning letter that you receive before action is taken on your account.

 

Regards

 

N.P

Are / Should they be clearly marked as a Default Notice ?

ie: Not just a reminder that they can then say was a Default Notice.

 

Pete.

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Hi odds,

 

Well, I`m not sure what yours looks like but mine had a sort of legal layout with something like `Do Not Ignore This Letter` then DEFAULT NOTICE in big black bold text underneath.

 

Then it went on with some crap about the Consumer Credit Act 1974 and that I had 28 days to bring my account upto date.

 

That`s all I can remember, but they sent me a few of these as I was dragging it out untill the last few days.

 

I hope this helps.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi odds,

 

Well, I`m not sure what yours looks like but mine had a sort of legal layout with something like `Do Not Ignore This Letter` then DEFAULT NOTICE in big black bold text underneath.

 

 

I hope this helps.

 

Regards

 

 

N.P

 

Cheeky :)

 

I haven't had one YET. Just wanted to know in advance if it should be clearly marked as such.

 

Pete.

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Hi odds,

 

Yeah, if they are playing by the book, they have to give you a warning notice, giving you time to correct yourself before taking further action.

 

So, I guess it gives you some time to play with and maybe do a little overtime if you need to to make your payment, LOL.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Are / Should they be clearly marked as a Default Notice ?

ie: Not just a reminder that they can then say was a Default Notice.

 

Pete.

 

 

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

 

Details of agreement

 

1

 

A description of the agreement sufficient to identify it.

 

 

Parties to agreement

 

2

 

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

Action by the creditor or owner to be ineffective if breach remedied or compensation paid

4

Where any action is specified under paragraph 3© or (d) as required to be taken, a statement that the provision for the

taking of any action by the creditor or owner such as is mentioned in paragraph 6 will be ineffective if the breach is duly

remedied or the compensation is duly paid in the following form--

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER

ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH".

 

Note:

This statement shall follow the specification under paragraph 3© or (d) of any action required to be taken.

 

Consequences of failure to comply with default notice

5

Where any action is specified under paragraph 3© or (d) as required to be taken, a statement indicating the consequences

of the failure by the debtor or hirer to comply with the default notice in the following form--

"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 [OR A SURETY]".

 

Notes:

1. This statement shall be followed by the specification under paragraph 6 of the further action intended to be taken by the

creditor or owner.

 

2. Creditor or owner to omit words in square brackets if there is no specification under paragraph 6(e) of any action

intended to be taken to enforce any security.

 

Action intended to be taken by creditor or owner

6

 

A clear and unambiguous statement by the creditor or owner indicating, if any action specified under paragraph 3© or

(d) as required to be taken is not duly taken or if no such action is required to be taken, the action which he intends to take

by reason of the breach by the debtor or hirer of the agreement--

(a) to terminate the agreement;

(b) to demand earlier payment of any sum;

© to recover possession of any goods or land;

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred;

(e) to enforce any security;

(f) to enforce any provision of the agreement which becomes operative only on a breach of another provision of the

agreement as specified in the notice,

at any time on or after the date specified under paragraph 3© or (d), or, if no action is specified under that paragraph as

required to be taken, indicating the date, being a date [not less than fourteen days] after the date of service of the notice,

on or after which he intends to take any action indicated in this paragraph.

Retaking of protected hire-purchase etc, goods

[in the case of a hire-purchase or conditional sale agreement relating to goods,

(a) made on or after 19th May 1985, where the property in the goods remains in the creditor; or

(b) made before 19th May 1985, where the debtor has not himself put an end to the agreement by virtue of any right

vested in him and where the total amount payable under the agreement does not exceed £7,500,

a statement in the following form--]

"BUT IF YOU HAVE PAID AT LEAST ONE-THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THE

AGREEMENT SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE-THIRD OF THE REST OF

THE AMOUNT PAYABLE), THE CREDITOR MAY NOT TAKE BACK THE GOODS AGAINST YOUR

WISHES UNLESS HE GETS A COURT ORDER, (IN SCOTLAND, HE MAY NEED TO GET A COURT ORDER

AT ANY TIME.) IF HE DOES TAKE THEM WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE

THE RIGHT TO GET BACK ALL THE MONEY YOU HAVE PAID UNDER THE AGREEMENT SET OUT

BELOW".

 

Note:

This statement shall follow the specification under paragraph 6 of the further action intended to be taken by the creditor

or owner and be followed by--

(a) either

(i) the total amount payable under the agreement, or

(ii) where there is an installation charge, separately, the amount of the installation charge and the rest of the total

amount payable under the agreement; and

(b) the total amount that the debtor has paid to the creditor by the giving of the notice.

 

Requiring earlier payment of any sum

8

Where a sum of money is required to be paid under the notice,

(a) the amount of the sum before deducting the amount of any rebate on early settlement;

(b) where any rebate on early settlement is allowable under the agreement or by virtue of section 95 of the Act--

(i) the amount of the rebate allowable calculated on the assumption that early settlement takes place on the date

specified in the notice for earlier payment of the sum; and

(ii) the total amount to be paid after taking into account the amount of any rebate on early settlement, namely the

difference between the amount shown in paragraph (a) above and the amount shown in sub-paragraph (i).

 

[Ending the agreement

8A

Where the agreement is a hire-purchase or conditional sale agreement, a statement in the following form--

"You [may] [NOTE 1] have the right to end this agreement at any time before the final payment falls due.

Note that this right may be lost if you do not act before the date shown (after which we may take action).

If the date for final payment has not passed and you wish to end this agreement, you should write to the person to whom

you make your payments. [You will nee

d to pay [NOTE 2] if you wish to end this agreement by the da

te shown and we will be entitled to the return of the goods. You will also be liable for costs if you have not taken

reasonable care of the goods.] [NOTE 3].Note that if you end this agreement, this will not necessarily terminate any

insurance finance agreements that are linked to this agreement.NOTE 1: creditor to omit the word "may" in the case of a

hire purchase agreement.NOTE 2: creditor to insert the amount to be paid by the debtor calculated in accordance with the

provisions of sections 99(2) and 100 of the Act and on the assumption that the debtor terminates the agreement on the

date shown in this notice.NOTE 3: creditor to insert the passage in square brackets where the debtor's right to terminate

under section 99 of the Act subs

ists.".]Time order9A statement in the following form indicating that the debtor or hirer is entitled to apply under

section 129 of the Act in England and Wales to the county court, in Scotland to the sheriff co

 

[interest payable after a judgment

 

9A

Where an agreement makes provision for the charging of post-judgment interest in connection with a judgment sum, astatement in the following form--

"You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you

owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement

on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay

off the whole amount of the judgment, you may still have a further sum to pay.".]urt or in Northern Ireland to the High

Court or the county court for a time order--

"IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY

OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN

ORDER ALLOWING YOU OR ANY SURETY MORE TIME".

 

 

General

10

A statement in the following form--

"IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE

YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR

NEAREST CITIZENS' ADVICE BUREAU".

[10A

A statement in the following form--

"This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains

important information about your rights and where to go for support and advice. If it is not included, you should contact

us to get one.".]

 

11

A statement in the following form--

 

"IMPORTANT--YOU SHOULD READ THIS CAREFULLY".

 

 

NOTES

Amendment

Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

Para 6: words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

Para 7: words from "In the case" to "the following form--" in square brackets substituted by SI 1984/1109, reg 2.

Para 8A: inserted by SI 2007/1167, reg 33(1), (3)(a).

Date in force: 1 October 2008: see SI 2007/1167, reg 1(3).

 

 

 

 

Hi there,

 

that is how the law says a default notice must be set out verbatim

 

i hope this helps

 

regards

paul

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Hi Paul,

 

Thanks for that. Yeah, it was something along those lines, although not that long, but it did have some of the paragraphs above.

 

I suppose they still place markers on your Credit Reference each time they send you one, but at the end of the day, I couldn`t give a **** as I won`t be able to get any more credit (debt).

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi odds,

 

Yeah, if they are playing by the book, they have to give you a warning notice, giving you time to correct yourself before taking further action.

 

So, I guess it gives you some time to play with and maybe do a little overtime if you need to to make your payment, LOL.

 

Regards

 

 

N.P

 

If only I could. I am only in this position since I found out I had a heart problem and the doc wont let me work till after my surgery :(

Not even a paper round, cos the bags are too heavy :)

Thanks for that also Paul.

 

Pete.

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Hi again,

 

Paul, I`ve just had a thought. Untill a few years ago, I had a spotless CR, but I first noticed I had a Default from O2.

 

Now, I beleive this was over contract line which I cancelled with which was way outside of the 12 months at the time. I decided to change my service as I noticed my bills were often higher than they should have bee, and every time I rang up to query them they were always right because the system said they were.

 

Anyway, I gave them my 30 days notice, then 30 days later I received my final bill which had only the calls I`d made in the last 30 days. I also received a PAC code from them to allow me to keep my number to use with Virgin.

 

Now, a month on from that I received another bill for another months line rental. As I`d already cancelled it and paid up I blanked it as I don`t have time for empty heads like O2.

 

I heard nothing for around 4 months, then the following month I received another bill for another months line rental, I know, total imbeciles!

 

That was the last I ever heard of them, and that was quite a few years of so ago, but I noticed they left a Default on my CR. I did NOT receive any Notice or anything. They just dumped a Default on me. Since then I guess I have gone down hill and decided to challenge anyone who hassles me for money.

 

I was wondering, if I could possibly challenge this Default, but if I do, they might come back with saying I owe them money. But, saying that, if that was the case, why have I never been approached by them or a DCA?

 

I look forward to your comments on this.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi Paul,

 

Thanks for that. Yeah, it was something along those lines, although not that long, but it did have some of the paragraphs above.

 

I suppose they still place markers on your Credit Reference each time they send you one, but at the end of the day, I couldn`t give a **** as I won`t be able to get any more credit (debt).

 

Regards

 

 

N.P

 

Hey N.P

 

That isnt how a default should look if that makes sense, its what the notice must contain,there are some,albeit very few, parts which they could omit but it must contain the text in the form set out

 

also only 1 default for one debt, they cant give you 10 defaults for one debt then register all ten seperatley on the same account!!

 

 

 

regards

paul

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Hi Paul,

 

Yeah, I know that is just a Notice and not an actual Default. Eggs notice gave me 28 days to bring the account up to date. I don`t have a Default with Egg, although I have with O2 who have never issued me anything. I just noticed I had a Default on my CR when I checked it once. Is what they done wrong and do you think I should challenge it someday?

 

Thanks again.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hey N.P

 

That isnt how a default should look if that makes sense, its what the notice must contain,there are some,albeit very few, parts which they could omit but it must contain the text in the form set out

 

also only 1 default for one debt, they cant give you 10 defaults for one debt then register all ten seperatley on the same account!!

 

 

 

regards

paul

 

 

 

Hi Paul,

 

What I meant, is that even if you bring your account upto date, don`t they still apply markers to your CR with each missed or late payment? Don`t quite a number of these also add up to dodgy credit as if having a few Default?

 

Thanks

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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