Defective default notice(s) - some advice needed.

[mark13]

Having, unfortunately, adopted the ostrich approach to things for few years I have recently dug out some unopened post from a few years back and found some 'interesting' bits and pieces. It seems I have at least 2 defective default notices, will endeavor to scan later but I'm fairly sure both are defective.Both accounts have been terminated.

 

First one, from HBOS, is dated 24 May and requires payment BEFORE 7 June(i.e. 6 June or earlier). Even without any allowance for postage this still doesn't provide 14 days to rectify.

 

Second one is from Goldfish/Morgan Stanley and states that payment must be made 'Not later than 14 days from the date of this Notice'. As no time is allowed for postage I again understand this would be defective. Additionally there is no date on the actual notice, only on the covering letter.

 

Now the part I'm looking for advice on, does the fact I didn't formally accept the terminations affect me in any way? Do I need to accept the terminations now, the DN's are from 2007!??

 

Thanks in advance.

[Bazooka Boo]

That all depends on whether you are being chased for payment or not?

The one from Goldfish is defo faulty, as it must clearly state a date, 14 days is not good enough.

[mark13]

That all depends on whether you are being chased for payment or not?

The one from Goldfish is defo faulty, as it must clearly state a date, 14 days is not good enough.

 

Not being actively chased at the moment but no doubt someone will crawl back out of the woodwork at some stage. Heard nothing on either for a few months due to DCA's being unable to produce Credit Agreements. Just need to know whether I need to be pro active or whether I can sit tight and introduce the [hopefully] defective DN's at some time in the future if I need to. Seems like you're suggesting do nothing for now?

[Bazooka Boo]

If they have failed to produce the agreements, then hopefully you will have informed them that the accounts are in dispute?

There is nothing further you need do, just sit and wait for them to fabricate, sorry! Find the original agreement and send you a copy of it, OR a reconstituted version of it, with their explanation as to why they have only sent you a reconstituted version and not a copy of the original..