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Hi guys

I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge?

 

Thanks in advance :D

 

Ooops nearly forgot to mention that this may end up in a Summary Cause action which is why I'm posting here.

Edited by WHYBAML
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Further study of the account statement shows that the £15 letter charge for both the default notice and termination notice have been added to the account before the default notice was sent and form part of the arrears :eek:

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Hi guys

I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge?

 

Any help greatly appreciated :-D

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if the default notice includes ANY unlawful charges it is invalid.

 

however most fail because the requied time limit to rectify is not long enough.

 

scan it up.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unable to scan at the moment sorry. The default notice is dated 13 October, contains agreement no, Provision breached, nature of breach and states action required to remedy breach is payment of £159 by 23 October.

Stated arrears £159 actual arrears £109

Total amount paid to date is also wrong by the same £50 going off the account statement.

 

The Termination Notice is dated 21st November with

contractual arrears £289

default interest due £12.79

Other Fees

(including £200 termination fee) £345

Total Arrears £646.85

 

Thanks for the help :-D

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Unable to scan at the moment sorry. The default notice is dated 13 October, contains agreement no, Provision breached, nature of breach and states action required to remedy breach is payment of £159 by 23 October.

Stated arrears £159 actual arrears £109

Total amount paid to date is also wrong by the same £50 going off the account statement.

 

The Termination Notice is dated 21st November with

contractual arrears £289

default interest due £12.79

Other Fees

(including £200 termination fee) £345

Total Arrears £646.85

 

Thanks for the help :-D

 

Looks as though the DN is faulty from start to finish. Assuming it was issued AFTER December 2006.

 

They havent allowed sufficient time to remedy - dated 13th - remedy date 23rd is only 10 days. So you are short 4 days + an amount for mailing ie 2 business days for 1st and 4 business days for 2nd.

 

Termination fee

Default fee

Letters fees

 

are NOT "arrears" so should not be on the DN I would think.

 

If they have also left off the breach you have committed then I guess that would make it faulty as well.

 

Would you like to share the name of the company issuing this Default Notice :-D

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total bukum then

you owe them nothing

ignore

 

try and stick to one thread about each debt,

i notice you are making new thread each time you have an issue with a debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Further to dx's post above,

 

 

WW, I noticed you had the same question in two different forums.

 

I have merged them into one. Can you please let me know if you are in SCOTLAND, if so, I will relocate you to the Dealing with Debt in Scotland forum:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am currently trying to help an old army buddy who's in a bad way atm. The default notice relates to 2003. Does the 14 days notice to remedy a breach still count pre 2006?

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no its 7 calendar days before that. [same postage though]

 

anyhow

if it was 2003 its SB'ed!!

 

why is it a problem now 10yrs later?

 

whats the whole story ??

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983 state 14 days after service for a Default notice and 7 days for a termination notice. Am I being incredibly thick here? (I do have my moments) My friend wont let me post any details as he believes it might compromise his case. He's a great guy but a little paranoid at times. He is also of the opinion that if lawyers are using their professional skills to attack him then he is morally free to use his professional skills to defend himself :eek:. As far as SB goes DCA tried to serve paper but he was out of the county (honing his lawyer suppressing skills;))

Edited by WHYBAML
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sadly they are worst kind

a lawyer getting a letter from one of his kind.

 

serve papers?

 

urm... i very much doubt it, very much.

prob just a 'home visit jobbie

 

most dca's have 'tame' solictors they infact are not

but just the next desk along

or more's the truth - the secretary of that DCA leecher putting a diff letterhead in the same printer.

 

listen ' your tame solitor needs to wise up and post their names

we know them all and their unlawful tactics.

 

as an example, type in their name in our search bar at the top of this forum, and see what pops up.

 

load of cobbers!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983 state 14 days after service for a Default notice and 7 days for a termination notice. Am I being incredibly thick here? (I do have my moments) ... '14 days' came into force wef dec 2006....

 

..

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