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andie_303

is a default notice valid if the amounts are incorrect?

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I am just wondering.

 

I have been sent a default notice (to an old addressI might add that they know is not mine) that gives me 14 days to clear arrears of 1.7k to prevent a default being registered and "possible" legal action.

 

 

My question is they have given a brerakdown of the amount they are defaulting, however the company in question has agreed to a refund of 24 months of PPI that was £50 a month so a refund of about £1200.

 

However the default shows no credit of this amount and therefore they are defaulting on an incorrect outstnading amount.

 

I have been promised this refund since October this year and I had said until they had credited this amount I could not restart any payments to them asI did not know what I had to pay off.

 

ObviouslyI want to avoid a default so am wondering if this would invalidate it? and give me something to bargain to them with?

 

I have no problem paying the actual amount I do owe but it seems they are now trying to skirt the issue of a refund be defaulting me prior to the refund being made.

 

Also as a side addition the default notice says 14 days to clear the arrears etc I thought this had to say an actual date and not just 14 days?

 

Thanks in advance for your help.

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must state a date.

 

dx


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thought that was correct but just wondered about if the amounts had to be correct as well

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it needs to be the arrears only.

 

TBH: if PPI is under reclaim, the A/C should be in dispute, so none of this should be happening anyhow ..

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX the account is in dispute they even seemingly accepted as such by putting a note on my account 2 days after receiving my dispute letter to say collection activity needed to be put on hold.

 

They never wrote saying they didn't accept the account was in dispute either however they started logging late payments on my credit report (about 3 months after the dispute started) and though they have removed them on at least 3 occasions when challenged by experian they have always crept back on.

 

Now they are asking for all the disputed payments, extra interest and charges for the time the account has been in dispute!!

 

God I hate finance companies.

 

Gonna put together a letter saying thanks for your letter to an old address that you know full well is not mine. And thanks for your crappy default notice that is not valid because (a) the amount is incorrect as it includes PPI that has already been agreed to be refunded. (b) the 14 days term is incorrect there should be a specified date © you implied acceptance of the account in dispute as you placed a note on my account 2 days after recieving the letter saying collection activity should cease and no contradiction to the dispute letter was ever sent.

 

Now refund my money and they I will restart payments til then if you default me I will take you to court for damaging my credit file without due cause.

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:D

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Have you been charged interest on the PPI? You could claim that back as well.


Hacksaw -v- Allied International Credit/Fairmile Partnership (incorrect Default) **WON** £150 out-of-court settlement

Hacksaw -v- Carphone Warehouse **WON** Default removed after LBA

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