Is This Default Notice Valid??

[bettypepper]

Hi all , hoping someone can help me. First a bit of back story. I had a fair amount of debt,fairly managable, but started to struggle when my wife lost her job.I started a debt management programme with Payplan in December 2007 and everyone accepted their payments ...a great weight off my shoulders.Then in September 2007 I had to reduce the payment due to my working week being cut from five days to three and a half.The only company not to accept the new offer was Lloyds. They phoned once or twice a month and sent letters saying I had failed to pay the required amount . I told Payplan about these letters and phone calls and they told me not to worry as this was quite normal.I still kept up the payments .Then on April the 18th I received this default notice . I have read a few threads on this but am still unsure of the dates , and when it was served. Was is served on the date on the letter , the 14th April , or when I received it , the 18th of April. In other words is it a valid Default Notice? Thanks for reading, and I hope one of you , with more experience than me , can help.

[pompeyfaith]

Unless you got it on the 14th April which i doubt no it does not comply as no time for service was given as per CPR

 

Regards

 

PF

[bettypepper]

That was quick !!Thank you . So what do I do now ? Will they contact me , or will they start court proceedings? When should I let them know that the Default Notice is invalid ? Sorry about all the questions , but I don`t want to get this wrong.

[pompeyfaith]

Well no doubt they will now terminate the agreement and pass it on to a debt collection agency.

 

They should not do this though as the DN does not comply, but if they do thats good for you because once they terminate they cannot re-instate without your agreement to do so.

 

I would keep the non-compliant DN under your hat for now and see what there next course of action is.

 

POST back here if you recieve anything else and we will take it from there

 

Regards

 

PF

[bettypepper]

Ok will do. Thank you again for your help.

[bettypepper]

Well the deadline for the default notice came and went , and its taken them till now to send me this.What would my next course of action be , now that they have cancelled my card , with an illegal Default Notice in place?

[Dinkjames]

BettyPepper, take your personal details out of your letters. DCA's also use these forums.

 

Your first letter has your surname at Dear and the second has your full address and names.

 

Also ensure that you take off any barcodes or number sequences.

[bettypepper]

Ok details removed .Thanks for that. Anyone any ideas what my next plan of action should be?

[Dinkjames]

Can you give us details of any letters you have send to Lloyds or the Sols?

 

I would get a CCA request off to both Lloyds and the Sols at this point. You'll find the necessary template letter here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

I would also remain very silent about the DN. It's defective and you don't want to let them know.

 

Once you have sent off your CCA request, sit back and wait for their response. Post any responses on here and someone will comment on them.

Edited June 13, 2009 by Dinkjames
Grammar

[bettypepper]

The only communication I have had with Lloyds is through phone calls , in which they said that I would have to get in touch with my debt management company to increase the monthly payments ,which I am unable to do.

I will send off the CCA request , and see what happens from there.

Also I checked the address of Sechiari , Clark , and Mitchell solicitors and it is the same as a branch of Lloyds in Brighton right down to the postcode. Is this just a way to make people think it is out of Lloyds hands ? After all , it seems far more serious to receive a letter from a solicitor rather than from a bank.

[bettypepper]

Sorry , I forgot to say Thanks for your reply Dinkjames.

[Dinkjames]

Debtors Rule Number 1: NEVER talk to a creditor on the phone.

 

A lot of banks use internal DCA's and/or solicitors. And yes, it is designed to solicite a response from you.

 

Please ensure that you send any letters recorded delivery. Letters seem to disappear if they are not sent recorded.

 

My pleasure Happy to help.

[alangee]

Their Solicitors have requested you pay the full balance within 14 days, so that means that they have effectively terminated your agreement. Terminating the agreement with a faulty DN leaves you only liable for the amount stated on the DN - £83.06.

 

Apart from that it is the usual threats that "may" happen. They should not be able to win a case in court with the DN they sent you.

 

In the meantime keep the faulty DN in a safe place, and do not make them aware of it.

 

Alan

[hammyhound]

Expect a claim form through the post, I was in a similar situation but was never served with a DN. Put the account in dispute, same letter as yours from LTSB and hey presto court proceedings. I had the same letter as you threatening court proceedings but just thought they wouldn't be that stupid to issue but now realise that they are!!Good luck - will sub with interestHH

[medpalgal]

Just a question about faulty D N. Received Court papers and in the process of putting together a defence, Requested a CCA for this account over 6 months ago still outstanding. They are using this as basis of their case together with issuing of Default Notice they issued 2 months before my cca request but looking at this the amount in arearsis 0.00 and the amount they wanted us to pay by the date on the DN was 0.00 so does this mean that this is DN is not valid and can we use this as part of our defence?