Information on a Default Notice

[Mortious]

Hi,

 

I requested an original copy of the default notice sent to me by HFC Bank Ltd.

I did not receive on due to them not changing my home address when advised.

 

They have sent me a copy of what looks to be their template of a default notice.

 

The notice did not have any of my account details, my name, address, date, amount owed or paid.

 

Where these were meant to be are xxxx's or left blank.

 

What detail should there be on these?

 

If this is what they sent and can not send anything else can that defult be removed as it does not justify why they have put it on my credit history?

 

ANy info will help!

 

Nye

[rory32]

Mortious I would advise that you read this Remove Default Notices on a Credit File - We show you how

[Mortious]

I have read this but it does not answer my question.

 

The bank has actually sent me a default notice (with Copy written at the top in hand writting) that actuall has xxxxx's and blanks where my details should have been.

 

The link you gave is what i actually used to get this done, but does not mention what should be on the notice they send to me.

 

Any further help would be good!

[rory32]

Well if they blank out your details or put xxxx it probably isn't properly executed. It may be worth popping down to your local CAB or TS. They may be able to offer you more info.

[pford]

I have read this but it does not answer my question.

 

The bank has actually sent me a default notice (with Copy written at the top in hand writting) that actuall has xxxxx's and blanks where my details should have been.

 

The link you gave is what i actually used to get this done, but does not mention what should be on the notice they send to me.

 

Any further help would be good!

 

from the OFT Guide out of date now due to the cca 2006 main update to this number of days increased to 14

 

 

Default notice – form and content

The following information must be contained in the default notice:

i a description of the agreement sufficient to identify it

ii the name and a postal address of the trader

iii the name and a postal address of the customer

iv a statement that the notice is a default notice served under section 81(1) of the Consumer Credit Act 1974

v details of the part or parts of the agreement which, according to the trader, the customer has breached

vi details of the nature of the alleged breach of the agreement specifying clearly the matters complained of

vii if it is possible for the customer to put the matter right, details of what he is required to do in order to achieve this, and the date before which he is required to do so. This date must be at least seven days after the date of service of the notice, or

viii if it is not possible to put the matter right (for example, where goods have been damaged beyond repair), details of the amount (if any) required to be paid as compensation and the date before which it should be paid. This date must be at least seven days after the date of service of the notice.

 

 

Point to note

The date of service of the notice is the date on which the trader either delivers or sends the notice by post to the customer. Where a notice is sent by post, allowance should be made for delivery time when calculating the date by which the breach must be remedied.

 

 

 

Where any action is required under vii or viii above, the following statement must appear immediately after:

 

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

 

The following statement must appear immediately before the specification of the action to be taken by the trader:

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]

 

The words in square brackets are to be omitted or deleted if it is not intended to take any action to enforce any security.

 

 

[Mortious]

Thanks pford!!

 

just what i am looking for and have booked my slot at the CAB to go through this.

[Empire Strikes Back]

Would love to know how you get on at the CAB as I have had a copy of a default notice from Citi Cards which is just a template and contains no information relating to me.

[Mortious]

I phoned them yesturday and they went through what pford wrote above. They said the copy of the default notice was nonesense, but if it went all the way to court there is nothing stopping the company producing the real one....but its all about what they sent me in the end.

 

Also even though the notice is blank i have to make sure my account is not in debt....so i am finishing off that account (long story about moving address but company not updating everything).

 

Once that is done i will start getting it removed by stating they could not provide a default notice to satisfy why they have placed one on any address i have lived at and that it should be removed. I would alos look into the possibility of attacking them over the data protection act due to them not keeping my records correct and up to date.

 

i let you all know.

[Mortious]

After re-reading the letter frmo HF they have stated that by law they only have to give an example of the default notice they would have sent and not the actual (or copy of) default notice!? Is this true?

I can't find the bit about default notice and what needs to be on it, or what they need to supply if i ask for it anywhere in the CCA 1974....

 

Any help will be good as i'm due to start challenging them to take this off my reports!

 

Nye

[rory32]

You may wish to read this Remove Default Notices on a Credit File - We show you how

[Mortious]

Hi as stated above i have read this but does not answer my question....

 

I need to know whether the law states they only have to give a template or whether they have to give me what they sent (showing eprsonal data, and the exact information sent to me originally!

 

Nye

[rory32]

Then I would refer you to the first letter where you ask for:

 

2. You must supply me with a signed true and certified copy of the original default notice

[Mortious]

Cool,

 

sorry i still dont have an answer, and before i write back to the company i want to make sure i am in the right about what i am contacting them about.

 

Does the CCA state that they must send me the true copy of the default notice....or is there something somewhere that states they only need to provide a copy/template as an example of what they sent?

 

that is my main question.

 

If they need to send the true signed copy then great!! i can write back to them and give them hell.....if they can give me a template then oh crap!

[rory32]

QUOTE]

2. You must supply me with a signed true and certified copy of the original default notice

Sections 87 & 88 of the CCA1974.

[Dusary]

My default notice from HBoS today is not signed by anyone!

[doo]

Subscribing, have asked Next for a true copy of default notice and they have sent me a copy but it shows my postcode completely wrong, it's somewhere about 80 miles away. When I spoke to them about this they told me they do not keep copies and this is a reproduced copy, it has COPY stamped on the top, surely this can't be right.

[rory32]

Have you read section 88 of the CCA1974 doo?(hint)

[Mortious]

Rory32, this is all well and good that the CCA1974 states this but we are not talking about the original first default notice.

 

The above is about when we have asked for them to provide the defaults again (in my case i never got the original) and the copy they have sent is blank.

 

They stated in their letter that the law says they only have to provide a template, as such, in this circumstance and not the true copy of the default notice.

 

Question here is, when we request a "true and signed copy of any default notice" do they have to send an actual copy of what they sent, or can it be any wossname default notice?

 

Regards

 

Nye Davies

[rory32]

Nye, in answer to your question no they can not just send you a template off their computer with a copy stamp on it. Default notices require to conform to the CCA1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993. If they are not accurate or if, as in your case, you weren't served with one then they can not be enforced.

 

The following link may help Removal of Default & Termination Notices - Accurate Default Notices are vital

[Mortious]

Hi,

 

That is great stuff.

I just called HFC Bank and paid my default off so it would be settled.

I will follow up on this though. They stated they because the default notice is a systemcatic process they are unable to provide what i would have got and only a template!

I argued that this is rubbish and any systematic paperwork should have the ability tio be re-ran.

 

Are they fobbing me off....should i got further and demand they provide me with what i should have got, and if they can;t take them to court....or at least start the process.

 

Need some help here.

 

Should i get more legal advice?

[rory32]

Are they fobbing me off....should i got further and demand they provide me with what i should have got, and if they can;t take them to court....or at least start the process.

 

They are most certainly trying to fob you off. You need to pressurise them for a true copy of the default quoting the relevant legislation. If they can not supply it and continue to refuse to remove it report them to the ICO, FOS and Trading Standards. That should get their attention.

[Mortious]

Rory,

 

thanks! letter already written back to them.

 

Just to check...its section 88 of the CCA 1974 (9) act correct.

 

If they are unable to provide this in a reasonable amount of time i will report them.

 

Where can i find addresses of the Information Commissioners Office, FOS and Trading Standards?

 

Nye

[Mortious]

Also,

What kind of letter do i send.

 

SOmething along the lines of:

 

On the xxx you sent me a copy of your internal default notice template. My letter dated xxx clearly stated that i requested a true and signed copy of the original default notice sent to me. Whether the notice is systematically produced or not the ability to produce a copy of the default notice served should not be an issue.

Please send the copy of the notice through to me within the next 28 days otherwise you are in breach of the CCA 1974 S.88 which i have applied through to get the information in my previous letters.

 

 

Ya or Nah!?

[rory32]

To recap they have not supplied a default notice in accordance with s88 of the CCA1974. They have not complied with the relevant regulations (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993).

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

You can find the relevant addresses for ICO, FOS & TS on their websires.

[Mortious]

I appriciate the help you are giving so forgive my questions:

 

They more than likely did serve the notice....just to the wrong address, which was neither my fault nor theirs. I sent it in writing to them, they did not update it (but i did not send it registered).

 

What is (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993) in regards to?

 

Thanks again!