EGG - defective Default Notice?

[BlueBox]

Could do with some confirmation of regulations on Default Notices please.

 

As far as I can establish, a DN can only be sent if two payments have been missed (or possibly when the arrears are in excess of that amount).

 

I wrote to Egg (with I & E) in November 2008 advising them that I would be unable to make full payments for the forseeable future and offering them pro rata reduced payments with other creditors.

 

I made a full payment in October and then a reduced November payment. The default notice is dated 19 December, 10 days before the next payment was due.

 

All the other details of the DN appear to be in order. The arrears amount is correct, the dates are OK (dated 19 December, remedy by 16 January).

 

The January online statememt shows a 'Notice of Arrears' but the default notice had already been served. The date on the Arrears Notice is 29 December even though it couldn't be deemed available until the statement date (15 Jan). This means the DN was served before the AN anyway!

 

Although they had my valid email address, I received no email notification alerting me to the arrears notice. They did manage to send me a revised T&Cs notice on 30 October, so that was obviously important enough!

 

The account was terminated in writing on 19 January 09 and a default was filed on 21 January with CRAs. I have printouts of last 12 months of online statements with the various messages.

 

Collection (not the debt) was passed to Moorcroft, who gave up after I questioned the original CCA (approved/individual limit wording) and is now with Capquest/HL Legal.

 

In addition, I understand from the 2006 CCA that a fresh default notice has to be served every 6 months - this has not happened (now month 9/10).

 

This all seems wrong on so many counts that I really need some help to know which way to tackle things. My main objective is to get default removed and have account shown as settled. If the process described above is defective, I am prepared to take legal action to resolve the matter.

 

Thanks

Edited October 5, 2009 by BlueBox
extra info added

[BlueBox]

Please take a look here if you can help with an Egg default situation.

[Deb T]

I'm not so sure that it's a default notice that needs to be issued every six months.

 

The 2006 act explanatory notes can be found here...

http://www.opsi.gov.uk/acts/acts2006/en/ukpgaen_20060014_en.pdf

 

If you scroll down to Page 10 of the document you will see a paragraph that says this

 

Thereafter the creditor or owner will be required to give to the debtor or hirer a notice of sums in arrears at intervals of six months until he ceases to be in arrears and has paid all sums of interest or default sums that are payable in relation to his arrears, or a judgment is made in relation to the sums payable under that agreement.

 

That is possibly what you may have been referring to, a notice of sums in arrears does not mean a seperate default notice every 6 months but simply a form of a statement showing the arrears etc.

 

That is my interpreation anyway.

[BlueBox]

Thanks for that - double red herring as in fact the relevant section refers to fixed-sum agreements, not running credit accounts. Sorry for any confusion.

 

Can anyone confirm that an Arrears Notice MUST be provided (complete with OFT sheet) BEFORE a Default Notice? Of course, the online Egg arrears notice could not have included the OFT sheet anyway.

 

Any thoughts on validity of DN if only one payment has been missed?

[BlueBox]

Just read through the CCA s86-89 again and it seems that the requirement to provide an Arrears Notice is completely separate from the timing of a Default Notice. As fas as I can tell, a default notice can be served after one missed/reduced payment with the arrears notice following after the second payment was missed (which is exactly what Egg have done).

 

Still doesn't change the fact the arrears notice doesn't include the info sheet and the original agreement is cack anyway.