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Boxclever - Is this Default Notice Ok ??!?!

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I received a default notice this morning (02/12/09). I am not very good on what needs to be in a default notice to make it ok or not and would be grateful if someone could take a look and offer any advise.

 

 

Thank You in advance

BX1.PDF

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Tut tut. How these people can issue such a notice is beyond me. 27th Nov till 7th Dec is most certainly not 14 CLEAR days from receipt. Idiots

 

Let them terminate and then tell them about the faulty DN


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Thank you for your reply Silverfox1961.

 

I was going to write to them and inform them of my intention to clear the arrears on 11/12/2009 (Next Payday) I was also going to Inform them that the default notice is invalid as it clearly does not give 14 CLEAR DAYS.

 

If i wait for them to terminate the agreement wont they just come and take the equipment on hire or will they need a court order? and if they go for a court order will the invalid default notice come into play?

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AH! Not sure.

Didn't realise it was a rental agreement. I suppose the BoxClever should have given me a clue :eek:

The fact that the default notice is dated 27th Nov and the remedy date should be the 14th/15th Dec (based on first class post and the fact it was issued on a Friday) I would contact them and point this out so that they don't put a default on your credit file. The missed payments that should show are bad enough but the only stay for about a year rather than the 6 years for defaults. If they terminate, I would think that they will attempt to reclaim their property.


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AH! Not sure.

Didn't realise it was a rental agreement. I suppose the BoxClever should have given me a clue :eek:

The fact that the default notice is dated 27th Nov and the remedy date should be the 14th/15th Dec (based on first class post and the fact it was issued on a Friday) I would contact them and point this out so that they don't put a default on your credit file. The missed payments that should show are bad enough but the only stay for about a year rather than the 6 years for defaults. If they terminate, I would think that they will attempt to reclaim their property.

 

I have been with Boxclever since 1999 and as to date they have never recorded any information on my credit file.

 

Do you think it's best to write to them with my intention to pay and then point out that the default notice is not valid and that they must not record any adverse information against me?

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Do you think it's best to write to them with my intention to pay and then point out that the default notice is not valid and that they must not record any adverse information against me?

 

 

You could ring them, get the name of the person you speak to and then follow it up in writing to make sure. Recorded delivery of course.

I don't normally recommend ringing anyone but as you're not trying to avoid the arrears, I can't see it doing any harm


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You could ring them, get the name of the person you speak to and then follow it up in writing to make sure. Recorded delivery of course.

I don't normally recommend ringing anyone but as you're not trying to avoid the arrears, I can't see it doing any harm

 

Thanks silverfox......... i don't fancy ringing them so i think a polite letter is in order.

 

As for the default notice, what do i refer legislation do irefer to stating that they must give 14 days and they have clearly not?

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Have done a little bit of research on Default Notices and will send Boxclever the following...............

 

 

 

Dear Sir/Madam

 

I am writing in response to your Default Notice dated 27th November 2009, which I received on 2nd December 2009.

 

I noticed that this Default Notice was served under section 87(1) of the Consumer Credit Act 1974. Section 87(1) of the Consumer Credit Act 1974 Act allows you the creditor to send a default notice giving me the debtor fourteen days from the date you receive it to pay the arrears.

 

The default notice that you have issued states that payment must be made by 07/12/2009 this does not allow fourteen days to pay the arrears of £86.96 and therefore renders the Default Notice Invalid.

 

You have also informed me that you have added a £10 administration charge to my account as a result of the Default Notice. As the Default Notice is Invalid please remove this charge from my account.

 

I am aware that my account is in arrears and I fully intend to repay my arrears no later than 15/12/09 and I would be grateful if you could forward me you banking details to enable me to set up a Standing Order.

 

I trust that this clarifies my position and I look forward to a full response to this letter within 7 days

Yours faithfully

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I sent the above letter to Boxclever and today I recieved a reply (see attached file)

I just love the statement "This letter now replaces the original Default Notice"

Perhaps i should send them a tutorial on what constructs a Default Notice??!?!!?

BC.PDF

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I sent the above letter to Boxclever and today I recieved a reply (see attached file)

 

I just love the statement "This letter now replaces the original Default Notice"

 

Perhaps i should send them a tutorial on what constructs a Default Notice??!?!!?

 

 

And the morons have only given you '14 days' and No Date :D

 

You have to admire stupidity!

 

JOgs

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Yes, I must admit i had a little laugh when i read the letter.

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I have a TV, TV Stand and Video on rental from Boxclever. I fell behind with a couple of payments and Boxclever issued a Default Notice. The default notice that Boxclever sent was Invalid as it did not allow fourteen days to pay the arrears.

 

Boxclever have now sent the account to Credit Security Limited. I actualy think that I have been overpaying Boxclever and since the Hire Agreement is regulated I have CCA'd Credit Security Ltd.

 

I today telephone Boxclever and told them that I want to return the equipment. I was told that I can't because Credit Security Limited are dealing with the account and until i pay the arrears the equipment can't be returned and I will still have to pay the monthly rental.

 

I was also told by Boxclever that Credit Security Ltd have the right to actualy sell me the equipment and then collect the full amount

 

Not to sure as to my next move ............. any advice??

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is it on hp or rental?

 

but eitherway its their's not yours anyhow!

stop paying and say come and get it else it goes in the bin!

 

i no longer want it.

 

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It is a Rental Agreement .... I have told them that If it is not collected in 7 days i will leave it in the Front Garden. They then said that i would be liable ..... what a nightmare!

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Still having problems with these clowns!!!!

 

1. Boxclever refuse to collect the equipment because Credit Security Ltd are administering the account.

 

2. Credit Security refuse to authorise collection because the account has arrears.

 

3. Monthly rental is still being charges until my arrears are paid off.

 

Can anyone offer any advice??

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So you said that they have issued a faulty DN? How long is left to run on the agreement, and did you ever get a reply to your CCA request?

 

Have they ever sent you a letter stating that the full balance is now payable?

 

Complaints Procedure

 

Our aim is to get it right, first time, every time. If we make a mistake we will try to put it right promptly.

We will always confirm to you the receipt of your complaint within five working days and do our best to resolve the problem within four weeks.If we cannot we will let you know when an answer may be expected.

If we have not resolved the situation within eight weeks we will provide you with information about the Financial Ombudsman Service.

Please contact us at:

boxclever

Technology House,

Ampthill Road

Bedford

MK42 9QQ

Tel: 08705 546 563

Fax: 01234 265373

Email: enquiries@boxclever.co.uk

Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights.

 

I would get in touch with BBC Watchdog, aswell as TS via Consumer direct, and use the above complaints procedure.

Consumer Direct

 

BBC - Watchdog - - Got a story


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The Hire agreement was for a minimum of 18 months. I have had the equipment for over 18 months.

 

Yes they have supplied a Credit Agreement and Terms & Conditions, although the Terms & Conditions are seperate and could relate to anything.

 

There is no Full Balance due, just rental arrears.

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So you have gone the course of the agreement, and have you paid the outstanding two months you missed?

 

I can see where they're coming from, the minimum contract is for 18 months, you default on two months payments, so technically owe them two months rent, however if you have paid them the other two months rent you missed....whats their beef!:roll:

 

As long as you have paid the 18 months, I fail to see what their issue is, have you still a copy of the agreement? If so it will tell you what charges they will apply if you miss payments. Does it outline the fees incurred if payments are missed?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes I have fully paid the minimum 18 months ........

 

I have today received a letter from a company called TSR Recoveries whom I believe to be Boxclevers in house threat monkeys.

 

 

Dear drob

We act on behalf of boxclever who advise that you have defaulted on rented equipment. Therefore as per terms and conditions of the Hire Agreement we have no alternative but to charge you for the equipment and any rental charges

 

THE TOATAL AMOUNT OWING IS £786.56

 

Unless payment is received within TEN days of this letter Court proceedings may be started. You should note that if proceedings are commenced our clients will increase to include the court fees and costs.

Yours Faithfully

TSR Debt Recovery

I just don't know what to do.....any advise please.

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Dear TSR,

 

Please send me a copy of your formal complaints procedure by return of post.

 

Drob.

 

Thats the only letter I would be sending to them.

 

As for box clever, have you entered a formal complaint to them? If not do so.

 

Aswell as giving these guys a ring Consumer Direct

 

They will pass the details of your complaint over to TS and the OFT if necessary.

 

http://www.checksure.biz/live/freesearch2_company.asp?ssn=4231108-4573583787097717201460992&companynumber=02086115

Edited by Bazooka Boo
  • Haha 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Dear TSR,

 

Please send me a copy of your formal complaints procedure by return of post.

 

Drob.

 

Thats the only letter I would be sending to them.

 

As for box clever, have you entered a formal complaint to them? If not do so.

 

Aswell as giving these guys a ring Consumer Direct

 

They will pass the details of your complaint over to TS and the OFT if necessary.

 

checkSURE - Free Search

 

 

I haven't entered into a formal complaint with Boxclever, do I ask for a copy of there complaints proceedure?

 

Also TSR have exactly the same address as Boxclever so I can only persume that TSR are Boxclever.

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Yes ask Boxclever for their complaints procedure and exhaust it fully, or until you get the result your after.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes ask Boxclever for their complaints procedure and exhaust it fully, or until you get the result your after.

 

What happens if Boxclever ignore my request for their complants proceedure(They are good at the Ignoring thing) and go for a CCJ

 

 

Also Boxclever have their complaints proceedure on the website ...........

 

Complaints Procedure

 

Our aim is to get it right, first time, every time. If we make a mistake we will try to put it right promptly.

We will always confirm to you the receipt of your complaint within five working days and do our best to resolve the problem within four weeks.If we cannot we will let you know when an answer may be expected.

If we have not resolved the situation within eight weeks we will provide you with information about the Financial Ombudsman Service.

Please contact us at:

boxclever

Technology House,

Ampthill Road

Bedford

MK42 9QQ

Tel: 08705 546 563

Fax: 01234 265373

Email: enquiries@boxclever.co.uk

Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights.

 

Should i just go ahead and make an official complaint and quote their proceedures to them???

 

Thanks

Edited by drob

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**Update**

 

After reporting Boxclever to trading standards and inviting Boxclever to take me to court to recover the debt. Boxclever have now agreed to collect the rental equipment, cancel the agreement and clear any outstanding balance on the account and i even have this in writing.

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WAHEY!!!!!!:D

 

Another one bites the dust! Well done Drob, being persistent and as stubborn as they are works wonders!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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