Jump to content
bankfighter12345

Can "default date" be backdated?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3634 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dafault date: 17 Nov 2007;

Dafault notice: 19 Nov 2007 or 28 Dec 2007

 

the bank submitted the default to credit agencies dates before served "default notice",

which break consumer credit act. Barclays had filed "default" to both Expreian and equifax on 17 Nov 2007,

which was 2 days before (19 Nov 2007) Barclays sent out threaten letter “ it is the Bank’s intention to register details of the account with credit reference agencies.” and 41 days before (28 Dec 2007) Barclays sent me a formal "final warning: Legal action" (I believe this is so called default notice) The Barclays bank plc failed to follow correct procedure and breach Comsumer Credit Act.

 

I challenged Barclays but they said they can backdate the "default date" , is this possible and on under what law?

 

thanks!

Share this post


Link to post
Share on other sites

The Default Date Would Be On The Default Notice Served Under S.87 (1) Of The Cca 1974

 

The Record Of The Default Notice Would Be The Same Recorded At The Cra

 

Once A Default Notice Has Been Received, It Cant Be Changed

Share this post


Link to post
Share on other sites
The Default Date Would Be On The Default Notice Served Under S.87 (1) Of The Cca 1974

 

The Record Of The Default Notice Would Be The Same Recorded At The Cra

 

Once A Default Notice Has Been Received, It Cant Be Changed

 

I updated two photos of letters from the bank,

http://www.netpackaging.co.uk/barclays/terminationNotice19nov2007_.jpg

http://www.netpackaging.co.uk/barclays/FinalWarning_28Dec2007_edit.jpg

 

one was dated on 19 Nov 2007 "Termination notice".

 

another one was dated 28 Dec 2007, "Final warning: legal action".

 

can you please tell me which date should be the "default date"?

 

by the way, which letter is so called "default notice"? This is barclays current and overdrawn.

 

thanks!

Edited by bankfighter12345

Share this post


Link to post
Share on other sites

YOU HAVE A TERMINATION NOTICE BUT NO DEFAULT NOTICE

 

IT WILL BE HEADED

 

SERVED UNDER s.87 (1) of the cca 1974

 

do you have this document because if they have terminated with no default notice

 

unlawful recession of contract

Share this post


Link to post
Share on other sites
YOU HAVE A TERMINATION NOTICE BUT NO DEFAULT NOTICE

 

IT WILL BE HEADED

 

SERVED UNDER s.87 (1) of the cca 1974

 

do you have this document because if they have terminated with no default notice

 

unlawful recession of contract

 

These only two I had.

 

Can you please explain "unlawful recession of contract"?

 

thanks!

Share this post


Link to post
Share on other sites

to begin with

 

have barclays recorded a default on your credit file

Share this post


Link to post
Share on other sites
to begin with

 

have barclays recorded a default on your credit file

 

yes, see my initital post. it was "Dafault date: 17 Nov 2007" on all 3 credit files.

Share this post


Link to post
Share on other sites

well you need to be contacting barclays for a copy of the default notice

 

me thinks you are in for some good news:D

Share this post


Link to post
Share on other sites

I though one of these two letters were as "default notice". but now I know there were not. I will ask barclays for copy of "default notice".

 

thank you for your help!

Share this post


Link to post
Share on other sites

just saw "andyorch" said:

 

"Overdrafts are not terminated by the use of a Default Notice but by the issue of the Notice Served under Sections 76(1) an 98(1) of the CCA 1974 and is used to enforce the debt.Therfore Default Notices do not apply to overdrafts."

 

here http://www.consumeractiongroup.co.uk/forum/legal-issues/217605-halifax-current-account-defective-2.html

 

If andyorch is correct, what the "dafault date" should be in my case?

 

thanks!

Share this post


Link to post
Share on other sites

if a default has been recorded on your credit file, the account would need to be defaulted

 

so the dn would be served under 76 (1) and 98 (1) and not 87 (1) of the cca 1974

 

in this a date would be inserted to rectify the breach by

Share this post


Link to post
Share on other sites

Ok there is a set process that they must conform to, to release (legally) the Sec 76(1) 98 (1)

 

Firstly Formal Notice to file a Default and take action to recover

 

This usually allows 28 days to make arrangements ie satisfactory payment /payment plan.This is attached to the Sec 76(1)& 98(1) which itself must give the correct balance re overdraft.Must have theirs and yours full address and postcode.Must be dated and state the date of termination (14 days)

BTW this will state there is a charge for this notice and will be applied to the account before the date shown (another penalty charge:grin:)

 

Formal demand for repayment first listing account numbers and balance

exclusive of unapplied interest which is due or may become due.

 

This gives you the debter the opportunuty to resolve the issues by either

Paying the full amount/or set up a payment plan/or write with your proposals

you would normally be given 10 days to respond before the Claimant can instigate Litigation/pass to a DCA.

Share this post


Link to post
Share on other sites

Wait!

 

the original poster "3tea" got "default notice" as well as "terminiation notice" with a halifax current account,

http://www.consumeractiongroup.co.uk/forum/legal-issues/217605-halifax-current-account-defective.html

 

so "Andyrch" is not correct to said "

 

"Overdrafts are not terminated by the use of a Default Notice but by the issue of the Notice Served under Sections 76(1) an 98(1) of the CCA 1974 and is used to enforce the debt.Therfore Default Notices do not apply to overdrafts."

 

http://www.consumeractiongroup.co.uk...fective-2.html

 

Can somone please confirm if current account does need a "default notice" to be defaulted?

 

thanks!

Share this post


Link to post
Share on other sites

yes

 

read the post above

 

its just served under a differnet section of the cca

 

not s.87 (1) which is a regulated agreement

 

the point being is a notice of default needs to be served

Share this post


Link to post
Share on other sites

certain parts of an overdrafts are covered by the cca 1974

Share this post


Link to post
Share on other sites

It looks the barclays failed to send me a "default notice".

 

thanks "postggj" for your help!

Share this post


Link to post
Share on other sites

just write to barclays and ask for a copy and see what they come back with

Share this post


Link to post
Share on other sites

I'm in a similar position here. 16/10/2008 Banking Facilities withdrawn. 28/10/2008 Temination Notice (applied 11.11.2008)

Default applied to CRAs on 28/10/2008. It's for an overdraft.

Can I get this Default removed??

 

edit. I also Requested a copy of the Default Notice and they sent the Termination Notice. The fella at Barclays stated they didn't send a Default Notice and the Termination Notice was all they needed to send. Got my SARN today and there are just the Bank Facilities Withdrawn/Termination Notice on the account, nothing else.

Edited by smokestack71
additional

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...