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Paulb1972

Credit Cards & Defective Default Notice?/Termination Notice? - PRO ACTIVE

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It seems to me that were missing a trick here and should be going on the Active Foot rather than continually the defensive foot.

 

I think it would be of huge benefit to find out how many people have defective Default/Termination Notices and to ultimately put together a bundle of evidence to be forwarded to Trading Standards for them to pursue this in court and settle this once and for all.

 

A CORRECT Default Notice should look like the attached (as far as im aware this is compliant) AND give you a MINIMUM of 14 calender days from date of service to remedy the default.

 

 

Service of the Default Notice:

is assumed to be Second class post - that is 4 WORKING days from Letter date unless they can prove it is First class post - 2 WORKING days from Letter date

 

Terminated Account - your account is Terminated when

a) they send you a termination notice

b) they demand payment of the debt in full.

c) they sell your debt to a DCA

 

A Termination Notice is deemed Unlawful Rescission of Contract when the account is terminated on the back of a defective Default Notice.

 

Ideally, make sure you have a copy of your defective DN before doing, you should write to them once the account is terminated confirming your acceptance of the Unlawful Recission and request a breakdown of the arrears + interest (and if you havent already claimed back) less any unlawful charges + interest.

 

Spoken to the OFT this morning and they have recomended that you email directly into them your complaint (attach your proof eg copy DN and proof of Termination/Letter of acceptance)

"enquiries@oft.gsi.gov.uk"

 

To make this very easy for them to Compile please head it;

 

MBNA Defective Default Notice and Subsequent Termination Notice (or VIRGIN/MINT or EGG etc)

 

Dear Sirs,

 

To ensure compliance ofS87 of the CCA 1974 the creditor must deliver a default notice which complies with all of the requirements of Section 88 of the CCA1974 and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 2004 (SI 2004/3237) before the Claimant will become entitled to claim any benefit they may have enjoyed under S87 and subsequently terminate the agreement and make any demand for early payment.

 

I believe I have received a Default Notice which is invalid as it was dated XX/XX/XX assumed Served 2nd Class Post XX/XX/XX (1st Class Post XX/XX/XX) and gives a remedial date of XX/XX/XX. This is XX days short of the minimum 14 calendar days required under the Consumer Credit Act 1974. (see attached Default Notice)

 

This account has now been terminated by XXXXXXX on the XX/XX/XX by virtue of their Demand for full payment/Letter of Termination/Letter before action/Court proceedings/Sale of the account to a Debt Collection Agency (see attached copy)

 

This represents an Unlawfull Rescission of Contract which I accepted in writing on the xx/xx/xx (copy). This now prevents the Creditor from a legal right of action and prima facie the full balance. The Creditor is still pursuing the FULL AMOUNT of the debt, where they are only now entitled to the Arrears plus interest less any unlawful charges plus interest.

 

They log every entry and and if there are a significant numbers of complaints will build a case and pursue under their powers.

 

DN-WebEdited.jpg

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Hello Paul,

 

If you look round the MBNA forums, you will discover that MBNA have made invalid default notices into an art form ?

 

However, they and Amex are now attempting to persuade DJs that they can simply issue another or that they didnt need to rely on a DN anyway as they are allowed to end the contract without one!

 

There are quite a few appeals on the go where the DJ has been so persuaded :(


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Yeah i see that from the threads, however this one is ONLY defective in that it wasnt served with enough time to allow remedy ergo breach!

 

So i wanted it to be an example of what it should look like, with the relevant info on "service by post"

 

Also by reporting the issues to OFT they will build a case file and eventually we will get a ruling once and for all!!!

 

Plus the OFT is responsible for Prosecution under breaches of the CCA1974 et al so send your notices of breach of SAR78's/CPR31.16 and any request for information that they should provide to you upon request within a prescribed timescale. These carry fines of between £200-£400 and possible jail sentences of upto 2 years. Plus if we continually report errors eventually the OC's fitness for holding a Licence will eventually be questioned!!!!!!

 

All issues with CRA's for requests for information AND to have items removed from your file which are incorrect (pinky comes to mind) also can be reported to the Director of the OFT, who has investigative and enforcement powers.

 

SO GET YOUR COMPLAINTS IN TO THE OFT and then tell the OC's/CRA's that you have done so and see how quickly they comply!!!

Edited by Paulb1972

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