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Default Notice Requirement, Please Help


Azazal23
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Had a student current accoutn with Barclays and it Defaulted, they have supplied the Termination Notice (unsigned) but state they do not supply Default notices on Accounts other than Loans Etc...

 

Can some one clear this up once and forall, do they have to send one?

 

The Termination Notice is dated the same day as the default was registered, the account is settled and is also showing as being settled as the same day the default was registered

 

If i cant clarify this i dont know how to proceed

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Can anyone help, all i need to know is do Current Accounts with overdrafts fall under the Consumer Credit Act. In other words are they required to send me a derfault notice before defaulting me. Had a letter from Barclays to say they do not, and that is why they never sent me one

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Guest ian cognito

Overdrafts are not covered by the CCA so they don't have to send you a notice, sorry the answer was probably not what you wanted to hear!

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Can anyone please suggest what I might do next. HBOS (Mastercard) has settled part of my N1 claim for the refund of charges. They have taken it off the balance of my card. The other part of my claim was for the default to be removed. I have a judgement against them but they have already paid the charges and never mentioned the default in their letter to me. I wrote to them on the 3rd April saying I was happy to accept the payment but also part of my claim was the removal of the default and I havent heard a thing from them. I havent written to the court to say its settled but I have the judgement which I suppose isnt much good if they have settled the claim. Can anyone, please, please suggest what I could do next to get them to remove the default

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bollco**s :)

 

Well what do they have to send, they sent me a copy of the Termination Notice which i didnt get and that was dated the same day as the default was registered. The default is showing as being settled the same day as the default was registered.

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Not sure what you mean? Sorry. The N1 claim form and the poc was for the charges back and the default removal. They never entered a defence so I asked for judgment and added at the bottom also the removal of the default. The judgment was accepted but doesnt mention the default on the court papers. I have written to HBOS saying I accept the charges being taken off the balance of the credit card but I also want the default removing. Do you think I should send another letter to them?

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It says the following:

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £...... for debt (and interest to date of judgment).

 

You must pay the claimant a total of £..... forthwith

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Then the CCJ is in fault as it should also include reference to the removal of the default if you included in your POC & there was no defence offered

 

If so contact the court & point this out. They should be able to place it before the DJ for amendment

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What part of my account is covered by the CCA then, becuase on the Termination Notice they sent me it says

 

"issued in accordance with Sec 76(1) & 98(1) of the Consumer Credit Act 1974"

 

Also could you get it removed on the grounds of irresponsible lending, if you could prove that they knew you were a significant risk but they lent you money becuase you were a student?

 

Think i had CCj's and 3 defaults on my file at the time they opened the account

 

Really im looking for ways in which to get rid of this default, as my record is clean after that. I debt is settled, is actually showing as settled the day the default was registered

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