I am unsure if I have already written these points, but this thread is called general points , and unless the OP objects, here are some.
Firstly, there are two separate kinds of warning notice issued when a credit card or credit agreement is defaulted. One is for credit referencing the other is to enable the termination and enforcement of an agreement. These are completely separate entities, which may or may not apply to the same date.
The one sent to the debtor warning about the impending mention on the file, gives 28 days normally although it is an advisory notice and cannot be challenged, it does not have to be given for an entry to be made on the CRA.
The notice sent from the creditor giving notice to take action is however statutory, under section 87 of the Consumer Credit Act, it gives 14 days to pay.
A statute barr is a method of limiting the amount of time for the creditor to take an action in court. In contract law, this period is generally 6 years.
To be clear this is the maximum time allowed between, the cause of action(for simplicity the default).
and the date of the action itself in court. Therefor if you PDL has had an action was brought in six years, the statute Barr no longer have any relevance.
If the case was lost it would be a debt under a judgement, not under a default, if it was won, there would be no default to record.
Again for clarity, you cannot use a default date on a credit file to sow a default notice date under the CCA 74, as said different things.
Regarding an overdraft. There is no requirement to comply to part 5 of the CCA on tacit overdrafts. This is because of a declaration made By the governor back in 1983, part 5 contains section 85.
As far as the start date for SB is concerned, section 6(not5)applies in that, instead of a default notice the date on the first full demand to repayment is recorded and used as the cause of action, that is when the SB starts, again nothing to do wih the date on the CRA file.
just type please don't use quote
it makes finding replies so difficult.
they cant simply change the signs/free hours without council permission...and that has not been applied for nor granted.
sit on your hands
await if/unless PAPLOC
don't forget the next stages as i'm sure you've read as you say.
lots of scary letters from DCA's
remember a DCA is
NOT A BAILIFF on ANY debt ..no matter what it's type.
ZERO legal powers on ANY debt either
pre action protocol letter of claim
read post 7
they MUST do that even if they think they might poss ever take this to court.
which ofcourse they won't.
lots of southgate threads here you need to read them
see links posts 3&4
@BritanniaLtd Coronavirus: Britannia Hotel made staff homeless in 'admin error'. Read more at https://www.consumeractiongroup.co.uk/topic/420603-britannialtd-coronavirus-britannia-hotel-made-staff-homeless-in-admin-error/
Shocking pictures reveal ‘disgusting’ conditions inside Hermes depot where workers ‘feel like slaves’. Read more at https://www.consumeractiongroup.co.uk/topic/419726-shocking-pictures-reveal-%E2%80%98disgusting%E2%80%99-conditions-inside-hermes-depot-where-workers-%E2%80%98feel-like-slaves%E2%80%99/
Euro Car Parks issued this ticket to the police in Devon and Cornwall. Read more at https://www.consumeractiongroup.co.uk/topic/419522-can-anyone-identify-the-parking-company-which-issued-this-ticket-to-the-police-in-devon-and-cornwall/