IF/Halifax - Received Default Notice Today and Want Paying By 20th!

[BelstarBomb]

Hi,

 

Have just received a default notice today in the post demanding payment of the overdue amounts by 20th May. The date on the letter was 6th May and it was only delivered today? Have retained the envelope and there is no post mark on it.

 

I had only just started going through the process of CCA etc and they had responded with no agreement and the most recent T&C's

 

1. This leaves me no time to respond to them before the default date is due. What would you suggest I do

 

Cheers,

 

BB

[supasnooper]

Was the default Notice issued under section 87 Consumer Credit Act 1974 ?

 

If so, please can you post the dates on the notice.

 

However, under the latest OFT guidelines, creditors are now being advised to make debtors aware of their repayment responsibilities.

One of the ways of doing this is to send a letter stating the debtor is in default for non payment of the monthly amount due.

[BelstarBomb]

Hi Supasnooper,

 

It was under the CCA 1974.

 

The default was dated 6th May requesting payment of the arrears by 20th May and the postman delivered it today.

 

Thanks,

 

BB

[BelstarBomb]

I forgot to add that my main issue is that in receiving it two days before the deadline, it does not allow me to respond withing a timely fashion.

 

With no postmark on the envelope as it RM Walksort or the like the only thing on the enevelope is a code of numbers and a bar code. Who's to say that the letter was sent on or around 6th May.

 

Due to me being heavily pregnant and getting ready for the impending arrival, I had not been keeping on top of this as I had hoped in that my next step would have been to SAR them as they hadn't even sent a copy of the application and I don't feel that they have anything on file at all.

 

Cheers,

 

BB

[supasnooper]

Congrats on the impending new addition to the BB family.

 

Just to check - does it state that the Default Notice is issued under s87 ?

 

If it does, Keep the DN and the envelope somewhere very safe.

 

Have a read of this thread for a feast of info on defective Default Notices ( Courtesy of B_R_W) -

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

 

 

 

Jus

[postggj]

I Need To Confirm This

 

You State Royal Mail Walk Sort

 

Who Is The Creditor Who Sent This Its Important

 

Guard That Envelope With Your Life

[BelstarBomb]

Hi Guys,

 

The creditor is IF/Halifax and yes it does say it is served under Section 87(1) of teh CCA 1974.

 

I had a quick scan of your link Jus and it kind of makes sense but doesn't - hormones!!

 

In baby speak, what is the best/next thing to do? They do not have a CCA, the only sent the current t&C's with my details on the top.

 

The envelope has been fished out of the bin with the addition of bake bean smears. If I contact the RM and give them the code will they be able to tell me when it was posted and why it only got to me today?

 

BB (aka Big Bump)

[postggj]

Can You Google Photo Bucket And Upload Both Sides Of The Envelope.

 

Deleate Your Details If On The Envelope

 

Use The Upload Link For Message Boareds With Out Thumbnails Option

[BelstarBomb]

Hi, I fascinated as to why the envelope is so important!!

 

Here is the link and please feel free to PM me with the reasoning, thinking and legal argument behind it if you feel we may be giving the snoopers an upper hand!

 

http://i47.photobucket.com/albums/f181/BelstarBomb/IFEnvelope0001.gif

 

http://i47.photobucket.com/albums/f181/BelstarBomb/IFEnvelope0002.gif

 

Let me know if it prompts you for the password as the album is private and I don't know if this option does away with that.

BB

[postggj]

Surface Mail

 

Down Stream Access

 

Default Notice Is Crap

 

I Am 100 % Sure Notice Not Sent 1st Class , Not Even 2nd

 

Give Me A Few Days And Ill Have More Info

[postggj]

May I Ask Where On The Envelope Its Says Walk Sorted

 

Walk Sort Is Done By The Utility Companies, Well I Believe Only Bt Now

[BelstarBomb]

Sorry I've only just stopped laughing from hearing the obvious contempt in your voice!

 

I used the term walksort off my own back as I knoew it wasn't franked or stamped and that was the only phrase I could think of at the time.

 

What is down stream access and why exactly is the notice crap?

 

Again, feel free to PM if needed.

 

A chuckling BB!

[IainHL]

Hi Supasnooper,

 

It was under the CCA 1974.

 

The default was dated 6th May requesting payment of the arrears by 20th May and the postman delivered it today.

 

Thanks,

 

BB

 

BB, one reason the DN is defective (irrespective of the manner in which it was posted to you, and the length of time it has taken to arrive), is in those dates. The date they give you must be a date at least 14 days from the date of service, which is defined as the date of posting plus 2 days if they choose to use first class post.

[BelstarBomb]

Thanks Iain,

 

I am waiting for the termination notice to come through then I have a rather nice letter already printed and ready to go to them and what you state is part of that letter.

 

Thanks for that and the PM - greatly appreciated!

 

BB