Invalid Default Notices

[the_shadow]

I would love to see you trounce them with this Pinky. I'd be very interested in what the chairman has to say about it all!

 

Can I just ask how you managed to find the CEO address? Do you just send it to the normal address marked FAO CEO, or did you manage to find a proper address?

 

I only ask as I'm trying to do the same for several banks but I'm having a hard time finding anything. I've Googled but come up with so many names I think I'll end up sending them to the wrong people:rolleyes:

 

Phone the bank and ask the name of their CEO, I cant think of any reason why they should want to hide the information.

 

S.

[the_shadow]

I have been reading around the other threads on Default Notices and one posting from a long-term CAGER saod most companies don't keep copies of them! Thats' encouraging.

 

Most dont, they mostly use a template letter to mailmerge the account details/address etc into the form. All they probably have is an entry on their memo system which states default notice created and sent... probably doesnt even record the postage used, in which case use the 4 days second class postage until proved otherwise.

 

S.

[the_shadow]

Also ,please advise me to whether the 14 days allowed to reply to DN, is working days, or 14 straight calender days,thanks.Steve

 

Calender days... only the service days are required to be working days

 

S.

[the_shadow]

Hi guys, please could someone advise me on this default notice,i have been told by one cager it is faulty but would like second opinion as i am worried and may lose my car, thanks.Steve

ps, sorry to invade again !!!

 

As you can see the creditors name and address are missing and apparentally some words should be underlined.

 

 

If the default notice doesnt contain the name and address of the creditor then its invalid.

 

S.

[the_shadow]

My case is in court next year. I recieved the DN and the wording wasnt highlighted but was underlined and capital letters. Also the date if sent 2nd class was one day out. I sent for the cpr 18 request and in my defence put them to proof of posting for the DN. The DN turned up from the cpr 18 request and in this "copy" they had now highlighted the DN and added on the extra day. I had also recieved the TN. The OC has taken me to court. I am not sure what I should do next I have received the order from the court which tells me I can alter my defence (by next week) if necessary - should I? Also I will have to send a list of documents ( I think) that I will use in court, is this when I show the DN and TN? Would appreciate any help as the whole defence is the proof of 2nd class posting and their "copy" be altered by them.

 

Do you have a thread open on this? If so you need to request it gets moved to the legal forum if its not there already as you'll need specific advice tailored to your needs.

 

S.

[the_shadow]

I'm not sure if I am in thr right place to ask this question but here goes.

On an Experian report,does the date they record as defaulted to certain account have to be the same date as the default note was issued? Does that make sense?

 

Yes it makes sense and no it doesnt have to match a default notice is separate from a default on your credit file.

 

S.

[the_shadow]

Thanks Shadow.Well if on a statement you are asked to cut your cards in half and return them would that be a termination?

 

Hmm interesting one that, on the one hand yes they are saying you can no longer use this service but on the other No as they could send out a new card and the contract endures.

 

Fraid the only real way to tell is a) If the debt gets SOLD to a DCA rather than just assigned or b) They formally ask for all monies outstanding to be returned.

 

Just my opinion tho.

 

S.

[the_shadow]

BUT it does have to match the date that the original lender defaulted you. Do you know this date?

 

I copied this reply from another thread you posted on shadow,would this apply to my original question below?

"On an Experian report,does the date they record as defaulted to certain account have to be the same date as the default note was issued?"

 

Regards

Shirei

 

 

Absolutely, the default date marked on your credit file by the original lender should be set in stone according to the ICO guidelines on default marking credit files. If a DCA buys the debt and replaces the original lender as the debt owner on the credit file they should not change the date.

 

S.

[the_shadow]

They have already admitted not having a copy,just recorded on their system. Too late to SAR them as its already at the court stage . The thing is they didnt register the default until Sept 08 on my Experian credit file I have just got.

 

Then you could use the post vjohn has put on the other thread quoting regs stating they must match and put them to strict proof as they either a) Registered the default wrong on the credit file (ICO complaint) or b) Didnt send the default until Sept if at all?

 

S.

[the_shadow]

Thanks shadow I will check that out. Can you tell me where to find Information Commissioners Office guidelines on default marking credit files. Ive searched on ICO website and cant find it. I would like to have a read of that.

 

 

 

Here you go...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

S.

[the_shadow]

Hello Fellow Cagers,

 

Long time no post but I am just back from 2 glorious weeks in the Algarve -sea, sun, and sangria. Back to 2 degrees - oh well!

 

Jammy git! 8-)

 

S.

[the_shadow]

I sent RBS an SAR some time ago I only got statements though. No paper work or anything.

.

 

Then they did not comply with the SAR and you should chase them for this... either through court or via the ICO.

 

A letter reminding them that the SAR is incomplete might be the first step tho.

 

S.

[the_shadow]

Hi everyone just got off the phone to the ombudsman.I complained that a default notice issued by the co-op bank was wrong as it was dated the 11th of Feb and gave me until the 25th of Feb to pay they also terminated the account on the same day the 11th as far as I was aware you had to have 14 days plus 2 for service and you cant terminate untile the default expires am I correct? The ombudsmant told me as far as the 74 act is concerned it has to be 14 days so as far as they are concerned it is correct unless I can show them a legal doc.that states 14 plus service and as regard to the termination that is a legal matter and they dont get involved please someone tell me if I am write or wrong as I was sure I was right.If I am right what is the point of the ombudsman

 

That would be the ombudsman that is funded by who..... oh the banks....

 

They never get involved in legal issues unless its on the side of the bank and by rights they shouldnt.

 

A default notice has to give you 14 clear days to remedy, how can you get 14 clear days to remedy if its sat in postman pats bag for 2 or 4 days?

 

Read back through this thread and you'll get your answers plus the legal bits that are required. None of this is required or listened to by the FOS by the way, legal arguments are for court.

 

S.

[the_shadow]

LINK haven't had a penny since 28/11/03, that's the only one thats SB'd allthough they are using the apr 04 default date on my credit file to say it's not Sb'd

 

haha tell them to go swivel, its SB on the date of the last payment+1month or the last time you acknowledged the debt in writing.

 

Default date has nothing to do with it and if they commit that to paper, complain and send a copy to the OFT, its misleading.

 

S.

[the_shadow]

I assume that if a faulty DN is issued, dates and amount, then under CPR 31.14 they send a materially altered DN, attempting to make the amounts complient, then a court might take a dim view of falsifying the document.

 

You would assume correct ;-)

 

It either shows a willful attempt at misleading the court or at best a lack of retaining historic critical information when issuing defaults.

 

S.

[the_shadow]

Hi shadow,

 

I assume that this is best left until sat in front of a judge;)

 

Absolutely... the old... err excuse me judge but these docs dont appear to tally up, How can this be as its a "certified copy" isnt it?

 

S.

[the_shadow]

diddydicky here is a copy of my DN, can you see if there is anything that you may point out if it is not correct please>

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/HSBCDN1.jpg

 

Well! not only have they mis-quoted the prescribed terms as defined and put the actual date in them but they havent given you enough time to rectify....

 

Issued on 19th May+two working days for delivery if first class, four if not, takes you to at least Thursday 4th June IMVHO.

 

S.

[the_shadow]

Well it appears Amex have changed their defaults... they no longer give a remedy date but rather state....

 

"payment due on your account of ...must be received within fourteen calendar days from the date of service of this Notice of Default"

 

Good news for anyone defending amex claims I would suspect

 

On this thread:-->http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/239086-after-7-months-dispute-2.html#post2718873

 

S.

Edited January 22, 2010 by the_shadow

[the_shadow]

Well I think that must come from the errrrrrrrrr....special needs dept.

 

David

 

Eeek I'll put my crayons away honest...

 

Corrected the text in my original post

 

S.

[the_shadow]

But I don't understand whether or not this is related at all to MBNA Europe.

 

Bank of America made losses announced last week, most of the losses were from the credit card side... I would imagine they are attempting to close off as many "at risk" accounts as possible.

 

BBC News - Bank of America sees $194m loss

 

Bank of America's credit cards division made a quarterly loss of $1bn, while its mortgage business lost $993m.

 

I would think thats global credit card division rather than just american... if you ever get into negotiations with MBNA the people that make decisions all have email addresses within bank of america.

 

S.

[the_shadow]

got that bit

 

but why if the whole debt is sold lock stock and barrel does the agreement terminate?

 

surely the new owner of the debt takes on all its rights and responsibilities?

 

debt "books" are bought and sold almost on a daily basis

 

I had a mortgage that got sold from the OC to another bank- it did not terminate the mortgage?

 

Think its due to the DCA's not holding consumer credit licences and therefore unable to perform the same duties as the original lender...

 

So if a bank sells it card business to another bank it can continue to function as a credit card under the new bank ala MSDW - Goldfish - Barclays...

 

whereas if MSDW sells to a DCA all they can do is recover the money, they cant provide you with credit to buy anything and hence the agreement has been terminated...

 

Thats my simple view on it anyway

 

S.

[the_shadow]

Thanks Pinky, is this a credible defence or just another issue the courts choose to overlook?

 

On the off-chance does anyone know if this information can be found in the Consumer Credit Act under assignments or similar? Would have a look myself but can't get round to that until later on .

 

Assignments are dealt with under section 136 of the Law of Property Act 1925 (I know, sounds crazy)

 

S.

[the_shadow]

One point though if a creditor wins by default do they still have to present the CCA, DN, DOA to the court before any type of CCJ is applied?

If this isn't the case I would love to do a social experiment send 100 badly written POC's to 100 people and see how many defend. I bet the results would be scary.

 

Pumpytums

 

Nope, and once they have the judgment of the court if someone doesnt defend they can initiate any enforcement action they choose with the given that the defendant is guilty just by not defending. There is no need to prove the case as someone not defending themself obviously is guilty in the eyes of the law

 

S.

[the_shadow]

Is this CCA correct?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/LittlewoodsCCA.jpg

 

Is this DN correct?

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/LittlewoodsDN.jpg

 

 

err 4.APR 0% ???? Is this correct?

 

S.

[the_shadow]

Hi shadow, what do mean is the 4.APR 0% correct please?

 

Is this credit agreement charging no interest?

 

Under the CCA key financial details number 4 states 0% APR.... I've never had a littlewoods account so dont know if it does charge interest or not, hence the question.

 

S.