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Is this DN compliant?


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Hopefully I can paste it here:

 

http://i722.photobucket.com/albums/ww223/ohoh4312/Default001.jpg

 

 

It is dated last Saturday, received today, and only gives me till Friday week to comply.

 

Any thoughts please?

 

 

yes as its 14 days. 14 for 2nd class 12 i believe for 1st

 

was it sent 2nd class or 1st?

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If it was dated Saturday 21st March then service of the document is always deemed as 2 working days after for first class. Or 4 days for second class.

 

Lets assume your DN was posted 1st class, so it would have been deemed served on tuesday 24th March.

 

On the DN it states that payment to rectify the default must be made BEFORE the 4th April. (so they really mean before midnight on the 3rd)

 

The 14 days they should give you are full days

 

They've given you 11 days, and so the DN is improperly served.

 

Also if Studio have added any unlawful penalty charges to the arrears on the account, etc, that also voids the DN as then the default amount is also incorrect.

 

Don't inform them just yet though. Let them terminate the agreement then let them know the DN is useless. Once the agreement is terminated they cannot go back and issue another DN as there is no longer a live agreement to default on.

All they can do then is chase you for the arrears only. :D

 

Also, have you sent Studio a CCA request? Catalogues need one just like credit card and loan companies do. Catalogues until recently never had any agreements.

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Have you still got the envelope ?

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Thank you fuzzy for that, and yes 42man, just retrieved the envelope from the recycling box. It is a tnt post envelope, with a big S in the postage paid box.

 

Means nothing to me - is that 2nd class then? Sorry, dumb blonde here.

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Don't inform them just yet though. Let them terminate the agreement then let them know the DN is useless. Once the agreement is terminated they cannot go back and issue another DN as there is no longer a live agreement to default on.

All they can do then is chase you for the arrears only. :D

quote]

 

Hi ohoh,

 

Yes it appears to be like the one my OH received which also didn't give enough days for service, 13 in his case.

 

Can anyone explain exactly what is meant by an account being terminated please - this keeps cropping up and I for one don't understand the significance?

 

If you receive a DN and the account is sold to a DCA does that automatically mean the account has been terminated and should you receive notification of this? Is termination the same as receiving a Notice of Assignment or is that something different altogether?

 

ohoh I hope you don't mind me asking these questions, but hopefully the answers will be of benefit to us both:)

 

Regards,

 

Landy x

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Of course I don't mind landy.:)

 

My understanding on termination is that it is when the creditor actually closes the account, so that you cannot order any more goods/borrow any more money etc.

 

Therefore the point fuzzy is making is that you cannot be defaulted on a terminated account, because the account no longer exists; no account with no t & c's = nothing to default on.

 

So all that is left is the existing debt - I believe that late payment charges etc etc should also stop on termination for the same reason.

 

Hopefully someone else will step in and correct me if the above is utter ballhooks!;)

 

Regards xx

 

ps underdog13 - my name and address are on the DN, I just folded the top over to remove personal identifiers.

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Can anyone explain exactly what is meant by an account being terminated please - this keeps cropping up and I for one don't understand the significance?

 

Landy x

 

Landy, Termination can be in a variety of formats, either a formal notification or sometimes just a line on the default stating they will terminate your agreement in x days if payment is not forthcoming.

 

But no matter what they are stating the actual termination according to the CCA1974 is deemed if they are seeking something that they are entitled to only at ending of the contract. i.e. if they are stating they want the full balance then that is deemed to be a termination event.

 

Some lenders "close" the account but allow you to continue paying against the balance with interest, this is not a Termination as the agreement is still in force and they have not demanded anything that they would only be entitled to at the end of the contract.

 

The significance is once the account has been terminated the agreement can never be rescued. So if they issue a defunct default notice and terminate on the back of it, they are only entitled to the sums mentioned on the default notice, not the balance.

 

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The significance is once the account has been terminated the agreement can never be rescued. So if they issue a defunct default notice and terminate on the back of it, they are only entitled to the sums mentioned on the default notice, not the balance.

This is really interesting PMW as I've been issued with a default notice for arrears on a loan. The loan company is not yet aware that (as far as I'm aware from other threads on here) the DN is void as it was issued while they still haven't fulfilled all the terms of my CCA request..ie no statement of account sent, T&C's which clearly don't relate to my account and a CCA reproduced at half size so its only easily readable after photoshopping.

I've not yet written to inform them of this. Is it necessary for me to officially write to notify them that the account is in dispute..or is that an automatic fact after CCA noncompliance?

I'm thinking now maybe I should just sit out the DN then hit them with this when/if they terminate? I have a lot of issues with this company otherwise I wouldn't feel driven to adopt their own tactics in defence!

Elsax

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