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SRR1972

Default served

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Hi all

 

Just had a letter from my CC entitiled DEFAULT NOTICE.

 

It tells me this is a default notice servered for account due to missed payments (which I stopped about 3 months ago due to no CCA being produced).

They then tell me I must pay the arrears within 14 days of the date of this letter - the letter is dated the 28/11/09. I received the letter today 2/12/09.

Is this a valid Default notice ? I thought I had to be given an actual date to reply by or am I making that up ?

I have kept the envelope it came in but there's no postmark they shows a date just a S in the top right corner and orange bar code markings in the front of the letter.

 

Any advice what I do now ?

 

Regards

 

Stu

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KEEP THE ENVELOPE KEEP THE ENVELOPE KEEP THE ENVELOPE

 

it's been sent second class and yes the have to specify a date,

 

there are also other things that you can check, hope you got your specs on and not your lager googles

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/229315-worthwhile-challenging-faulty-dn.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/225624-dodgy-default.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/198243-amex-dn.html

 

you now have to wait for a termination notice,

 

can you scan it and post up and just in case

 

KEEP THE ENVELOPE

 

ida x


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Hi

 

Can't get scanner to work so thought I'd type it out word for word

 

28/11/2009

 

Dear xxx

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

DEFAULT NOTICE

Servered under Section 87(1) of the Consumer Credit Act 1974

 

This Default Notice served on you relates to account number xxxxxxx

 

You have not paid instalments due under your agreement. You are £123.45 in arrears and are in breach of your agreement

In order to remedy the breach, you must pay the arrears of £12 within 14 days of the date of this Notice.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FUTHER ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THE NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

Futher action referred to above :-

On or after the date shown above the Company will demand the full outstanding balance on your account and terminate the agreement

 

Outstanding balance including interest to date is £12345

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THE NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING MORE TIME

IF YOU ARE NOT SURE WHAT TO DO YOU SHOULD GET HELP AS SOON AS POSSIBLE FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU

 

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice, if it is not included you should contact us to get one.

 

 

............

 

So my question to you my fellow CAGGERS is

 

Is this valid ?

What do I do now ?

 

(and yes Ida I have kept the envelope ;))

 

S

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Sorry I should have said that I have changed the amounts in case any trolls click on and resend the default.

 

The arrears amount are the actual same on the letter

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did i mention - keep the envelope? if not remember to do it :p

 

as this was sent second class 4 working days for delivery takes you to 3rd decemeber then 12 days take you to the 15th decemeber.

 

within 14 days would be the 12th so they have not gave you enough time

 

any words underline?

 

have they put their full name and address on it?


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Hi

 

Full address is in small writting along the bottom of the letter and says see reverse for important information and doing so there is full address.

 

The only underlined words are the 1st two lines I showed in the text below -

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

DEFAULT NOTICE

 

 

Is that important ?

 

S

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Anybody have any comments on the default - deadline has now passed.

 

Do I just still and wait now ?

 

Presuming I do get terminated on the back of this defaul and if its defective then what do I do then ?

 

Just trying to get myself sorted

 

S

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did you read the links????

 

they have the info


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Hi

 

I had a good read through last night (had skimmed before) I think I understand and see where the defects are - I guess I just want and see if they terminate.

By the way got a final demand letter today saying if I don't settle the arrears within 48 hrs (which would be hard cos I got it 48 hrs after the date on the letter !) they would pass it on to a internal debt team and default or an external company and default - they say the external one could visit my home I saw a letter ages ago saying that I could denied them the right to visit my house - can somebody direct me to that ?

 

So I guess its just a waiting game until they default or the DCA chase me

 

S

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[ATTACH]15033[/ATTACH]Hi

 

Some advice needed please.

 

Below is a copy of a default notice I got. Now my view is as mention above they have given me 14 days from the date of the letter to rectify but as Ida says above its dated the 28/11/09 but I never got it until the 02/12/09 (I do have witnesses to prove when I got this too - is that important?) So they haven't given me enough time.

 

So my question for this one is :-

 

1. Is there anything else wrong with this ?

 

Then I got this final demand from them on Wednesday the 16th. In this they are claiming the entire balance - not just the arrears so my question for this one is :-

 

2. Given they have asked for the entire balance have they actualy now terminate the account ?

 

3. They give me 48 hours to respond but I didn't receive the letter until 72 hours later so is that another defect I can raise against them.

 

I am getting reading to tell them they can't come visiting my home but should I now make them aware they have served me a defective default ? or do I have to wait until I get a letter with the word TERMINATION in big red letters ??

 

As always all help greatfully recieved (and I promise I will donate to the site once Santa has stopped mugging me !!

 

Stu

DEFAULT.pdf

final.pdf

Edited by SRR1972

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