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

[Gerald Gardner]

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

[Gerald Gardner]

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     

 

[Gerald Gardner]

Thanks dx, that was what i was after

[Gerald Gardner]

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?

[Gerald Gardner]

Understood, many thanks

[Gerald Gardner]

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.

 

[Gerald Gardner]

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     

[Gerald Gardner]

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

[Gerald Gardner]

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   

[Gerald Gardner]

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 

 

 

[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   

 

[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 ?  

[Gerald Gardner]

3 minutes ago, dx100uk said:

 

???

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

[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