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swcomputers

Unsecured Loan - Default Notice

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Hi Guys

 

Wondering if you can give me any advice on this matter. I have a loan from Egg which I have serviced well for many years, earlier this year business was slow and I stopped the Direct Debit and wrote to inform them I would pay be cheque and then setup a new DD from another bank account ASAP.

 

However they claimed they didn't get one cheque (sent recorded delivery) I ended up with a Default Notice. So I logged onto the Egg Secure Messaging Service after not getting through on the phone (this is how they send you secure messages themselves) and I told them I wanted to resetup the Direct Debit (and provided all information needed) and would post a cheque for the arrears caused by the missing cheque.

 

However they ignored this and went ahead and filled the Default Notice which I was alerted to by their secure message web site! So I rang them and they said it was about 2 hours to late, even though the cheque had already been posted to them by now (they claimed they didnt' get it again) and DD should have been setup.

 

I didn't get anywhere on the phone call (recorded) so I wrote to them instead (Recorded this time). I sent another cheque for the arrears. I wrote a letter explaining about the cheque/letter they didn't receive that was sent a month earlier by Royal Mail recorded delivery and that they ignored my attempt to setup a new DD and clear the arrears before the Default Notice time expired.

 

I stimpulated that the enclosed cheque was only to be cashed on condition that he Default Notice was reversed and we could continue the monthly repayments at the level they had been £196 PCM.

 

I even wrote that on the back of the cheques that they were to be cashed if they agreed to remove the Default Notice.

 

However they simply just cashed the cheques and ignored the letter. I spoke to someone two weeks ago (call centre chasing me) and they weren't able to comment as it was out of their area, but the note on the system had noted the letter had been received and a written reply sent within 30 days. She insisted someone would call, finally I got a letter which just said "we need to talk about this matter please ring".

 

 

I called today and the man was very abrupt and basically wanted to get an arrangement in place to continue repaying the debt (which is fine) but I asked about the letter - and he simply said "we haven't had a letter" when I said "then how did you cash the cheque attached to it" he said "oh, yes I see asking about the Default Notice to be removed, then the answer is "no the Default Notice won't be removed".

 

I asked him why I hadn't had a response, again not his area - but said he would request someone to reply in writing and asked me to get a financial statement drawn up so they can decide what I can afford to repay!

 

My aim is to get the Default Notice removed and then repay the loan in full from a Business Loan I have arranged (but is blocked by the Default)/

 

I need to know:

 

1) Did they by cashing the cheques with my terms and conditions on them (considering the loan had now been closed - so original T&C's they setup no longer apply) have they legally agreed to remove them? If so should I start a Small Claims Action to enforce this and sue for damages.

 

2) The Default Notice they sent me is dated 24/02/2009 and says that on or after the 24/03/2009 they will do a few things.

 

One of thoese things is as follows

 

"Register the default with Credit Referency Agencies. We herby give you 28 days notice of our intention to register the default if it has not be remedied. Credit Reference Agencies will notify prospective providers of credit of this default in your payment, resulting in you having difficulty obtaining any form of credit in the future"

 

The letter came via Second Class post I think and was dated 24/02/09 which was a Tuesday, I didn't get it until the Saturday 28/02/09.

 

Consider they had received and cashed the cheques by 30th March 2009 - I believe this was within the 28 days due to the working days starting on the 2nd March 2009.

 

Also they had written confirmation that the situtation had been remedied before that into their own system.

 

Any advice on how I should proceed, I am now waiting for the so called letter (reply) promised to see why they are denying my request to remove the Default.

 

Also if I can prove they had a payment by Recorded Delivery which would have prevented these arrears but didn't cash it - is that grounds as well?

 

THANK YOU GUYS!

 

P.S. About to take O2 to court because I had three accounts in query and one they defaulted while I was querying it - then paid me back over £700 in over charges they made, it was the overcharges that meant I couldn't pay them - but still wouldn't remove the Default - so suing for damages on that one of £2,500 - will let you know the outcome - trying to get a squeeky clean credit history!

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