Anatomy of a Default Notice

[vint1954]

I received a termination letter dated the day after the DN expired.

In that case, when you next have case to write, include the comment:

 

Additionally you ( Your client ) has unlawfully rescinded this agreement, which I have formally accepted.

[Guest]

The charges would need to be recent to the DN, so possibly charges while the account was in dispute or charges relating to issuing the DN.

 

They should send you statements that match up with the DN amount.

 

Thanks vint

 

again sometime ago, an amount was 'set off' from curr a/c whilst o/d but within o/d limit and never returned. would that affect things?

[vint1954]

Thanks vint

 

again sometime ago, an amount was 'set off' from curr a/c whilst o/d but within o/d limit and never returned. would that affect things?

They can only use set off with a credit ballance, not an overdraft. You need to contact them about this, and FOS and banking regulators.

[vint1954]

If you point out their error they should back off, but I highly doubt it.

 

BOS have defaulted OH twice and terminated each time. Each default only allows 13 days, even disregarding the service time needed. One of the termination letters is dated the day after the default. Apparently there is nothing wrong with any of them:rolleyes:

 

Co-op terminated me back in 2007 without sending a DN. I think they cocked up here as the letter is headed 'cancellation notice' but then a line in it is added to their usual cancellation letter which says 'you agreement is now terminated.' They've then defaulted me recently (not allowing enough remedy time), terminated again, this time with a letter headed 'termination', then defaulted me again (incorrectly. Again.). I have this wrong too it seems and they have done it all according to the letter of the law.

 

Cap1 - defaulted with '28 days to remedy' rather than a date. Not a problem I'm told.

 

Lloyds - defaulted me 2 years ago, then set the solicitors onto me for the full amount a week before the remedy date. Not only is this not a problem, but they've told me that 'these letters can look very formal' (no s**t sherlock!) but that I 'definitely haven't been issued a default'. It's in my file. They're also still running the account as though it's live, albeit I can't draw credit.

 

I have others but you get the idea:rolleyes: They will argue black is white if it suits them, but at least you know you do have the law on your side if it ever hits court. Then your only hurdle is telling the judge what the law is as he probably knows less than you do about the various bits of consumer credit law:)

Just goes to prove that they do not have a clue. Using legal documents as a threatening tool and it has backfired.

[vint1954]

I second this question and also wonder where one stands if instead of taking you to court they sell-on the account to a third party , would the original dodgy default notice /termination be a defence against the third party taking court action ?

The original DN still stands. The new owner of the debt, must take over reporting of the debt and not issue a new DN.

 

The third part is responsible for all of the obligations as well as benefits of the debt.

 

To be clear the DN wording must state:

 

a sum of xxx days to be paid by xxx date. Any other wording leaves matters open to interpretation, are weekends or bank holidays included in the 17 day, or are they working days. They must allow 14 clear days from service. For 1st class post that is 2 days for second class or uk mail, that is 4 days.

 

You may however need to point this out in court, just so that everyone understands.

[lisa2393]

Hi is anyone able to have a look at my link below and give me some advice, anything would be great, thanks x

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/232382-very-confused-link-financial.html#post2575687

[secondlife]

Please can someone check whether this is valid DN

 

[secondlife]

http://i864.photobucket.com/albums/ab202/cs101/DSC09106.jpg

 

Is this valid DN

 

thanks

[mkb]

It's impossible to say cos you need to leave the dates on.

 

Post the date of DN plus type of postage used - if you have the envelope, keep it attached to the DN just in case you need to rely on it at some point

[nks22]

Also do you know if the arrears demanded and the total amount otherwise due were correct?

[secondlife]

Thanks mkb

 

the date is 30/11/2007.

 

Even the amount of arrears is not shown.

[secondlife]

thanks nks22

No arrears shown in DN.

The total amount shown was correct.

[cerberusalert]

There are several things wrong with it. The two main ones are they've only allowed 14 days, they haven't allowed time for postal delivery. The second point is, you are told to remedy on or before the 14th & then later you are told to remedy before the 14th. In effect only giving you 13 days.

[nks22]

It's faulty. The earliest date for remedy (assuming first class post) is 17 December (service on second working day after posting then fourteen clear days before remedy date).

[secondlife]

I am on DMP and I have not received any TN letter .

What shall be my next step.

This Loan has also got PPI with it.

 

Thanks to cerberusalert also

[middenmess]

Not enough time to rectify

 

No sum shown to rectify

 

 

In my opinion a defective and non compliant D/N

[nks22]

I think they have to tell you how much you must pay to remedy the breach, not just "repay the arrears". Has it been terminated, though? If not they could issue another DN and get it right.

[cerberusalert]

Actually it gets better. The 30th Nov was a Fri, so that DN couldn't have got into the postal system before Mon 3rd Dec, add 2 days for postage 1st class and the remedy date should be 19th. If it was posted second class the remedy date should be 21st.

[secondlife]

I dont have the envellope to support the postal date.

If I stop paying DMP will they then Terminate the account and then only shall I pursue.

[nks22]

The 30th Nov was a Fri...

 

So it was. I forgot to change the year.

 

If I stop paying DMP will they then Terminate the account and then only shall I pursue.

 

The danger is that they might issue a fresh DN first and terminate on the back of that one. Of course they may get that one wrong as well.

[secondlife]

So shall I keep on paying DMP?

[secondlife]

And shall I SAR them so that I know whether TN was issued or not. Can they accept DMP without first TN.

[citizenB]

So shall I keep on paying DMP?

 

This is a decision only you can make.

 

And shall I SAR them so that I know whether TN was issued or not. Can they accept DMP without first TN.

 

A Subject Access Request is always a good idea if you are in a dispute, just in case things heat up a bit you will then have access to information..hopefully you will find a template for the SAR

 

HERE

 

HTH

[Undercover-Elsa]

Just updating this as it's a developing subject.

Please feel free to post links to DN related threads

Check out Vints thread: http://www.consumeractiongroup.co.uk/forum/mbna/239429-count-court-claim-received.html

[Undercover-Elsa]

Dodgy Default Notice SUCCESS issued on behalf of Mand M

I'm delighted to include MandM's link to his thread where a dodgy DN saved the day!

http://www.consumeractiongroup.co.uk/forum/legal-issues/224300-mandm-egg-loan-mandm.html

 

Read and enjoy!

 

Elsa x