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

[Gerald Gardner]

On 19/05/2020 at 11:45, Peterbard said:

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.

 

Ok so i understand this right, you are saying that the default date in regards to statute of limitations is the day after the 14 days has expired on the default notice after ignoring the notice?

 

In this example and it's a true account as i've seen the letters

 

Default notice received dated 18th February, account needs to be brought update by the 21st March.

Letter dated 28th March informing a default has been registered on the account and full balance now due.

Date of of default registered on credit file is 28th March

 

For statute of limitations purpose then the 22nd March not the 28th March as registered with cra is the key date   

 

[dx100uk]

the DN should give a clear 14 days from the date it was sent.

 

dx

 

[Gerald Gardner]

There was 30 days from the date on the default notice to the date you need to pay in order to bring the account up to date, so is it at least 14 days not exactly 14 days ?  

[dx100uk]

15 minutes ago, Gerald Gardner said:

Default notice received dated 18th February, account needs to be brought update by the 21st March.

Letter dated 28th March informing a default has been registered on the account and full balance now due.

Date of of default registered on credit file is 28th March

 

???

[Gerald Gardner]

3 minutes ago, dx100uk said:

 

???

Those dates are correct, i have the paperwork in front of me 

[dx100uk]

sorry I was confusing the 2 march dates

so sent 11/02

registered 28/3.

 

but all bets might be off if your mates last payments was before those dates....

as andy says, and particularly in regard to hoist and all these ex BC accounts they have.

loads of threads here on them.

 

the last payment date is usually many months before the defaulted date registered on his CRa file so SB runs from that not DN +14.

 

but hoist will say anything to sc@m people

thread title updated and thread moved to BC forum

 

dx

 

[AndyOrch]

Quote

Ok so i understand this right, you are saying that the default date in regards to  statute of limitations is the day after the 14 days has expired on the default notice after ignoring the notice?

 

Thats the way the courts now interpret it yes....the fact that the Default Notice could have been issued 6/7/8/9 months after the missed payment (breach ) is irrelevant

[Gerald Gardner]

2 minutes ago, Andyorch said:

 

Thats the way the courts now interpret it yes....the fact that the Default Notice could have been issued 6/7/8/9 months after the missed payment (breach ) is irrelevant

Was this in relation to the court of appeal ruling?

Does the last payment/last acknowledgement still some into play or is it solely the default date now ? 

[Gerald Gardner]

21 minutes ago, dx100uk said:

sorry I was confusing the 2 march dates

so sent 11/02

registered 28/3.

 

but all bets might be off if your mates last payments was before those dates....

as andy says, and particularly in regard to hoist and all these ex BC accounts they have.

loads of threads here on them.

 

the last payment date is usually many months before the defaulted date registered on his CRa file so SB runs from that not DN +14.

 

but hoist will say anything to sc@m people

thread title updated and thread moved to BC forum

 

dx

 

Sorry the hoist matter was seperate, i will come back to when i've got some more info 

[AndyOrch]

17 minutes ago, Gerald Gardner said:

Was this in relation to the court of appeal ruling?

Does the last payment/last acknowledgement still some into play or is it solely the default date now ? 

 

It was indeed.....the DN expiry date to rectify the breach is the cause of action from when the claimant may enforce.The Judge in this particular ruling stated that if if it was issued later than the last payment or acknowledgment the debtor has enjoyed the benefit of it not appearing on the CRAs for 6/7/8/9 months.......but failed to agree that the creditor had failed to  comply with the ICO guidelines in reporting data accurately...goalposts moved or whatever...make of  that what you will.