Invalid Default Notices

[brooooooooooce]

Hi. Cahoot have finally issued me with a default notice but sent to it to my old address which I left 4 years ago. I only received it because my mother-in-law was passing our old house just after the Postman came and the new owners gave her the letter. What is the story with incorrectly addressed DN's?

[diddydicky]

wouldnt hurt to write as suggested - just to consolidate

[diddydicky]

Hi. Cahoot have finally issued me with a default notice but sent to it to my old address which I left 4 years ago. I only received it because my mother-in-law was passing our old house just after the Postman came and the new owners gave her the letter. What is the story with incorrectly addressed DN's?

 

did you tell them of your new address? can you prove that? if so thats their problem- if not- its yours!

[Bigdebtor]

There are many cases of OC's and DCA's deliberately using old out of date addresses - especially to send letters regarding legal action - just to wrong foot debtors. If they have subsequently written to you at your new address then they are either stupid or devious (probably both!).

 

Either way you need to send a recorded delivery letter to them insisting they update their records to show ONLY your current address - and confirm thsi to you in writing.

 

Surely sending private and confidential data to an out of date address (of which they are aware) breaches their duty of care - might be worth asking the Information Commissioner?

 

BD

[egg-sterminator]

did you tell them of your new address? can you prove that? if so thats their problem- if not- its yours!

Hi DD crap1 have started sending letters to an address i havn't lived at for 8 years even though a solicitor has coresponded on my behalf at this address, the card was taken out at this address the default was sent to this address and had a home visit at this address . Not let them know as curios to see what they are up to ?

[Bigdebtor]

Egg-s

 

Just be careful you don't end up with a CCJ because they sent the paperwork to the out of date address! This is a known ploy!

 

BD

[diddydicky]

Hi DD crap1 have started sending letters to an address i havn't lived at for 8 years even though a solicitor has coresponded on my behalf at this address, the card was taken out at this address the default was sent to this address and had a home visit at this address . Not let them know as curios to see what they are up to ?

 

what they are "up to" is trying to get a ccj by the back door

 

unfortuneately for them- in this case- getting the ccj set aside would be a 100% dead cert

[DeBilde]

Hi,

 

I received a DN from Creditor in Jan 2010. The DN looks ok apart from the remedy date which says 'you have 14 days from receiving this notice to rectify the breach', this make the DN invalid doesn't it?

 

I have not been terminated yet and CCCS paid them in Feb the reduced amount proposed. I have cancelled all future payments. Should I just wait for a termination now before sending the unlawful reccession letter?

 

Thanks

[MandM]

Hi,

 

I received a DN from Creditor in Jan 2010. The DN looks ok apart from the remedy date which says 'you have 14 days from receiving this notice to rectify the breach', this make the DN invalid doesn't it?

 

I have not been terminated yet and CCCS paid them in Feb the reduced amount proposed. I have cancelled all future payments. Should I just wait for a termination now before sending the unlawful reccession letter?

 

Thanks

 

Yes. But if you can post it up then do so. The dates on a DN are only one of many issues so it's always worth getting further opinons

 

M

[cosalt]

Hi, would really be grateful if anyone could take a look at my thread as below and offer any help. I am due in court next week and the claiment has been altering paperwork. thanks

 

http://www.consumeractiongroup.co.uk/forum/repossessions/177130-repo-order-help-defence-8.html#post2869172

[Marse]

16-02-2010144051.jpg picture by Marse1863 - Photobucket

[brooooooooooce]

Am I right in thinking that consequences of an unlawful termination are that the creditor can only ask for repayment of the arrears outstanding at the date the DN was issued? If this is correct where in the CCA 1974 does it state this? Do we have any case law I can quote to back this up? Cheers.

[egg-sterminator]

what they are "up to" is trying to get a ccj by the back door

 

unfortuneately for them- in this case- getting the ccj set aside would be a 100% dead cert

should i alert them to the fact i'm aware or perhaps alert OFT and information comitioner ? Would such actions put them on the back foot in a court case perhaps ?

[brooooooooooce]

Hi. I have just received a letter from HSBC headed 'FINAL DEMAND'. It goes on to state, 'We now DEMAND (their emphasis) immediate payment of £xxxx.xx (the full amount outstanding). Current interest arrangements will continue to apply.'

 

The DN was defective as it didn't allow any time for service. Do you think I should send the unlawful rescission letter as they have asked for the full balance. The letter doesn't state it is a TN, just a final demand with a DEMAND for full payment!

 

Cheers in advance.

[Worsteve]

Hi again everyone,

 

I have a Default Notice here from Barclays. I was hoping that someone may take a look at them as I believe this to be a little 'Faulty'. There is prescribed text missing and the dates will not work if it was posted 2nd class, also ther eis a difference between the Arrears and the Final amount. I also have an unenforceable credit agreement (as proved by a claims management company prior to this). I am currently going through a similar procedure with RBS but was hoping a quick eye over these would reveal further discrepancies?!!

 

Many Thanks to one and all here for there great work.

 

Kindest Regards

[url=http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice003mod.jpg][/url]

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice001mod.jpg

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice002.jpg

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice003mod.jpg

[bilious]

So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

[brooooooooooce]

So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/250902-hsbc-agreement-default-notice.html#post2878415

 

It seems that not many experienced Caggers are active on this thread today. Have a look at that thread as Babybear has posted on it today.

[brooooooooooce]

So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

 

You should also post the DN's on here (minus personal info) and someone will be along I'm sure to give you the chapter and verse.

[bilious]

i will do that for you sorry am slightly panicky at the moment they said they'd terminated my account on the phone but have never written about it to tell me but will check that just in case have offered them reduced payments etc but they've said it's not enough am in contact with the cccs at the moment

[brooooooooooce]

i will do that for you sorry am slightly panicky at the moment they said they'd terminated my account on the phone but have never written about it to tell me but will check that just in case have offered them reduced payments etc but they've said it's not enough am in contact with the cccs at the moment

 

have you cca'd and sar'd them?

[bilious]

not yet been too terrified to tell the truth.... mbna have accepted severe hardship etc etc and reduced payments for a while hsbc are well!!!! you know... haven't cca'd or sar'd them yet? but will do now.. if they can't produce the cca does that mean i can get the accounts put into dispute? have two other cards but am not behind on them, am changing accounts soon from hsbc paying off the overdraft so my wife cannot be touched? only that was tying us to the hsbc (apart from mortgage which isn't in arrears..) As long as they can't touch her i'm happy'ish...

[cymruambyth]

If you have sent a CCA request and they have failed to supply within the 12 + 2 days, then you can place the account in dispute until it is supplied.

You can write and ask if the agreement has been terminated; it is possible to send DNs that supersede the previous ones until the account is terminated, so if they are aware that a DN is defective they can issue a correct one.

[emandcole]

Hi bilious, have you scanned the DN's you suspect are faulty? Keep everything you have, especially the termination letter as if it partners a faulty DN you have some powerful ammo at your disposal.

[Its WAR]

Having received my dodgy DN for an overdraft. The bank are still adding interest. The letter that accompanied the DN says thay can do that. Can they really keep charging interest if they have issued a DN, even if they havent yet issued a termination letter. Is a DN really as good as a termination letter, if it asks for the full amount?

[BeauBrummie]

Hi all,

 

Can someone confirm for me that if a DN was sent which was dated 16 December 2009 with a remedy date of BY 06 January 2010 is only 8 clear days to remedy.

 

This would be based on the 4 days of service ie no proof of posting and because of the Bank Holidays over Xmas and New Year.

 

Even at 2 Days of Service for posting I still only make it 10 days to remedy - anyone concur.

 

Thanks

 

Beau