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Gerald Gardner

Hoist and Ex Barclaycard - when it's SB'D? & Ignoring a default notice

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Can anyone help with this please,

 

You ignore a default notice, at what point does the debt actually become defaulted ?

 

Is it the day after the date on the notice with which you had to make the payment to remedy the situation ?

 

I've seen a couple of different answers on here and I've checked here http://www.legislation.gov.uk/ukpga/1974/39/part/VII

 

 

Thanks

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Hi.

 

I think we need more detail to be able to advise you properly,. Please can you post up what's happened and people will be along to help.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks, 

 

Im not currently after any advise in particular on a specific situation.

 

What i am after is what the law is regarding a default date once a notice has been issued     

 

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Well you have defaulted when you fail to pay any contractual payment...a default notice is normally issued after 3 missed payments..which allows 14 days to rectify the arrears.

 

Andy


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a DN does not mean the creditor does actually register a default

it simply gives them permission too if they want too.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx, that was what i was after

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A Default Notice allows them to enforce the agreement...not register a default...a default can be registered after one missed payment...as we have seen from numerous creditors.


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For a default to be registered against you tho a default notice would have had to be issued whether you missed one payment or six,  is it not the legal requirement under the consumer credit act that would allow them to enforce the debt through the courts?

 

So if a creditor issues a default notice and it is duly ignored they don't necessarily have to register the default or can register it at anytime of their choosing?

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The issuance of a Default Notice.....is purely to inform you of the breach and allow you time to rectify it (14 days)...whether they then go on to inform the CRAs is the creditors choice...some do some dont....some 12 months after.....therefore elongating the statute of limitations.

 

Sections 87 (1) is  only for the requirement to enforce the agreement or terminate it...not permission to register it on your credit files.


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I've done a bit more research and it appears the date a default becomes effective is the day after the date on which they give you on the default notice to remedy it by, usually around 14 days.

 

So i don't think the creditor is able to delay the date at which your debt is classed as defaulted to increase the time it would become statute-barred 

 

The earliest date the creditor could have started court action to recover the debt

This will vary depending on the type of debt. For most common consumer debts such as personal loans, credit or store cards, catalogues or payday loans, this will be the date your account defaults. This is normally 14 days after you are sent a default notice warning you to bring your account up to date.

 

In regards to the separate issue of reporting to the cra, according to the information on ico website it states, 

 

 The date of default recorded on the file would normally be the date on which a decision to file a default becomes effective, e.g. 28 days from the date of the default notice.

 

The default amount filed should normally be the balance amount as quoted on the default notice.

However, if any payments or charges apply in the interim period, the default balance reported may reflect the outstanding balance at that time.

 

The current balance should be updated regularly and reflect any charges added and/or subsequent payments received whether direct to the lender or via a third party organisation (debt collection agency) or, for example, as a result of the sale of a repossessed asset.

 

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so what type of debt is yours

and why is it so important to clarify this date for you..

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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It was a question i got asked regarding an old ( circa 2013/14 ) ex barclaycard account from our old friends at hoist,

 

may possibly have been statute-barred when they got a default judgement entered, claim forms sent to old address     

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Quote

So i don't think the creditor is able to delay the date at which your debt is classed as defaulted to increase the time it would become statute-barred 

 

Dont you ..?  Have a read of some of threads in the Financial Legal Issues forum...you will struggle to find one where a DN was issued on time and in line with the ICO/ CRAs guidance.


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Can you not challenge that then if the guidance has not been followed? 

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Difficult...most Judges just check if one was issued....and if valid....and that is the start of the limitations from the date of the cause of action.Most DCA that issue court claims cant produce the original default notice and will try to rely on data that one was issued from the originators software systems. 


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so when was his last actual payment or use of the card is more important.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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5 minutes ago, Andyorch said:

Difficult...most Judges just check if one was issued....and if valid....and that is the start of the limitations from the date of the cause of action.Most DCA that issue court claims cant produce the original default notice and will try to rely on data that one was issued from the originators software systems. 

Interesting, a lesson can be taken from that is,  keep all of you paperwork safe, 10 years or more if you have to 🤓  

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no don't run away from debt

cause I bet the CCJ was backdoor to an old address??

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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On 17/05/2020 at 21:54, dx100uk said:

so when was his last actual payment or use of the card is more important.

 

dx

 

 

I've got no idea, he only told me over the phone about it, he's got more important things to worry about at the moment, it was more me looking to see if something could be done, it would give me a nice warm glowing feeling inside if i could get one over hoist.

In better times when ii can get to see him i may be able to get more information 

 

 

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if it was a backdoor CCJ and it was SB'd i'e the last payment was a good say 6mths before the issuance of the claimform (1 month before the CCJ ..ish) then a set aside is quite possible.

 

99% of ex Barclaycard hoist claims always fail for one reason or another if defended.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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notice of default - silly marker in the calendar section that means nothing ...only the creditor and debtor can see it.

 

default notice - gets a defaulted date logged and registered in the debt summary line which anyone searching your credit file can see should the creditor choose to do so.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Off topic posts removed as they have no connection to what the User asked advice with regards to..


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The advice given in the post is directly and completely wrong, how much more could Have to do with.

 

er SX seems to indicate nothing and it will not show.

 

This is wrong wrong wrong. A default notice is one of the first things a new creditor looks at. Not at all what DX says.

 

So you are happy to let the OP go away think a default on his file wont effect his notice?

You may not like me much, I dont give a rats arse, I have no feelings about you whatever, but there is no cause to mislead the public just to illustrate the fact. Come on Andy.

 

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I think  my responses sufficiently allays the posters initial question and concerns.

No one has referred to a Notice of Default so yet again you take the topic off on a different tangent.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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