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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Consumer Lover
      Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
    • dx100uk
      Statute barred/Prescribed date vs 5 year default date anniversary

      By dx100uk · Posted

      dn date will be on your credit files dx
    • dx100uk
      Alliance ANPR PCN -Appealed - now Letter of Claim - paid for wrong carpark via app - Sea View Car park, Polzeath, Cornwall PL27 6SR

      By dx100uk · Posted

      pdf's merged and properly named. thread title updated. word fine replaced by charge in post one....they are not fines mere speculative invoices. just type no need to keep hitting quote.   dx  
    • Consumer Lover
      Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      Nice work dx, much what I thought and glad to have it confirmed by the expert. Radio silence remains my game plan, I have been resident in Scotland since birth and although I had moved a couple of years prior to defaulting, all addresses were updated and I am confident all begging letters are coming to my current home address. I appreciate the info that they probably wouldn't get a claim in by Aug anyway - I think I'll hunt out my big box of badness in the next few days just to see if I can find any default notice letters so I can pin down some dates to satisfy my semi-OCD. Much obliged, and unlike some others i will look to update in the future as I certainly intend to send them the SB letter as I like to pull the chains of these types of cretins! Of course i'll be back to confirm the correct procedure if I get any "proper" legal letters other than the usual Overdales toilet paper type of scare tactic.  
    • dx100uk
      Statute barred/Prescribed date vs 5 year default date anniversary

      By dx100uk · Posted

      statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Can some please explain Defaults

NotPPIsavy
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NotPPIsavy

NotPPIsavy

Posted
Posted (edited)

Hi there – I have a question re Defaults. I have a Default put on my Capital One card as I have missed some payments in 2011. Until then I have been paying regularly and at times twice a month to keep the payments up to-date. Then why have I got this Default when I have been making regular payments? Is this legal? As per below I have missed payments in May/June and then August. Since then regular payments of £10.00 every month was paid.

Payments made -Feb/April/July/Sep/Oct/Nov/Dec.

Thanks

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hello just a quick reply: Yes this reporting is correct, if there are late or missed payments even if these are 'made up' a later date the creditor will have in the Ts & Cs a section showing why and when a they consider a default has occurred.

 

Reduced payments levels agreed or not are technically a default on the original contractually required payment levels.

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NotPPIsavy

NotPPIsavy

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Oh Ok thank you. I am waiting for the Statements and all other documents to arrive from Capital One. As soon as I get these I will know if I have overpaid the account. If the account is paid off then will this still remain ad D or will it be shown as Satisfied?

 

Thanks for your help.

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NotPPIsavy

NotPPIsavy

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Hi there - having received all SAR docs from Capital One - the Default notice is unlawful as I never received the DN in the first place, and secondly one of the statements did not include my payment of £50.oo that along with the charges incurred led to going over the limit. So taken all these into account do you think I can get them to remove this as it is not lawfully enforced. thanks

sorry - i already asked this in my previous post - but found this one which is the correct post.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

There is nothing to stop Cap 1 issuing a new DN, and the alleged £50-00 missing payment from a statement is not a reason for removing the default.

 

A default notice is totally different to the actual default on the account.

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NotPPIsavy

NotPPIsavy

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Thanks - but the Default note should not be on my CR file because I have not exceeded 8 or more. Only 2 months and the balance is also wrong. So in actual fact the account is in dispute when they put the default note. Does this not make it unlawful to put a DN when there is a dispute on the account?

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Exceeded what? 8 or more missed / late payments?

 

Creditors can and will default on as few a 3 missed payments there is no number fixed in legislation or guidance.

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NotPPIsavy

NotPPIsavy

Posted
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Thanks - My understanding is that after 8 late payments the creditors can put your account into default. However, in my case, if the missing £50 had been entered correctly the account would have been up to-date. Also now I know the account was up to-date and I am in credit so they had not put the correct information.

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ims21

ims21

Posted
Posted
Thanks - My understanding is that after 8 late payments the creditors can put your account into default. However, in my case, if the missing £50 had been entered correctly the account would have been up to-date. Also now I know the account was up to-date and I am in credit so they had not put the correct information.

 

You might like to have a read of this which explains about defaults....

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

 

Have you advised the lender of any dispute at all either recently or at the time? If not then they don't know of any dispute.

 

Have you started off the process of finding out what happened to that £50 payment which has not appeared on the account?

 

To stand a chance of getting the default removed you would need to show that the account was operated correctly at the time. That would mean getting this £50 payment traced and applied to the account properly. If that has the impact of putting the account into a properly managed state and then you successfully reclaim any resultant penalty charges then you stand a chance of getting the default removed as part of the deal.

 

Having said that, you have indicated that you had missed some payments so that could make it more difficult.

 

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NotPPIsavy

NotPPIsavy

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Thanks ims21 - when I did receive all my statements after a SAR request - I went through all the documents and when I realised the discrepancies I wrote to them and waiting to hear from them. So my PPI offer is also on hold at the moment as I need to sort out the discrepancies first and then will accept the offer subject to they send me the cheque to me. Trying to get all sorted step by step. I thought if I get the account sorted and then ask them to get the default sorted and then will ask them to send the PPI refund.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
sorry - yes I missed the payments two months but I always paid 3 times more to make it up and to bring it up to-date.

 

That I'm afraid makes no difference at all the cumulative effect of late or missed payments will usually result in a default the figure of

8 is irrelevant the creditor will have their own system for deciding when a default is placed.

 

If the amount of £50 was received after the date a payment was due it results in an LPM when 'extra payments' are received to remedy previous late or missed payments they are not allocated to the months in which the LP or MPs occurred.

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NotPPIsavy

NotPPIsavy

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Thanks - my problem was I was paying by Direct Debit and debit card, and never had a look at my statements until now. Now I am learning to take control of everything, and noted the ones that I have over paid etc. Since PPI and going on this site I have learnt so much. Thanks to you all. Still learning and its a long way from getting things right. I will work through the cards and PPI and get back to you soon. I am very busy with work etc and cannot find the time sort out my finance. Getting there slowly.

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