Mistake on Default Notice

[BUNSWEDE1978]

Hi all

I currently have a default on my credit file from Vanquis Bank.

I won't bore you with the details as to why but my question is:

If the Default Notice stated I owed £620 but my actual outstanding debt was £560 would this render the default notice obsolete? I understand they can still mark my file with late payments but can they still put a default on my credit file legally?

I look forward to your input.
Thanks

[echat11]

I don't think it would, the Default is for non payment after 3 monthly payments has been missed. Not actually for the amount, that would just be the balance at the time of the Default.

[BUNSWEDE1978]

Thanks for your reply. I was just thinking that they legally have to provide you with a default notice to provide you 14 days to put things right that if the default notice was incorrect then I might have a chance of having it removed as they followed procedure incorrectly

[echat11]

Thanks for your reply. I was just thinking that they legally have to provide you with a default notice to provide you 14 days to put things right that if the default notice was incorrect then I might have a chance of having it removed as they followed procedure incorrectly

Hold fire on that, do you know why there is an anomaly on the 2 amounts?

The CCA requirements

• Any security provided under a regulated agreement must be expressed in writing.
• Following a breach of the agreement, a default notice must be served on the borrower before the lender can enforce the security.
• A copy of the default notice must be served on any guarantor.
• The default notice must meet certain requirements, and must contain specified information, including:
  • the nature of the alleged breach of the agreement;
  • if the breach can be remedied, what action is required and the date before which that action should be taken (the date must not be less than 14 days after the notice is served), and
  • a clear and unambiguous statement of the action the lender intends to take if the breach is not remedied.

[Shipshape]

Hello bungswede

I have just had a victory at County Court against Lowells (old Vanquis card) on this very issue although the amount overstated on the DN was substantially more than your £60 in my case.

However, as in Woodchester v Swayne, the DN MUST contain precise amounts. Although there is a de minimis exception, where the amount is slightly incorrect but I'm not sure if £60 would be regarded as such.

£60 is a great deal to some people living hand to mouth so could hardly be described as insignificant.

Did Vanquis terminate then sell off your account too?

A default on your credit file is different to a Default Notice.

Where are you with this account?

[BUNSWEDE1978]

Thankyou both for your additional info. The account is in default. I’ve written to Vanquis to explain my complaint and intend to go to the ombudsman if they don’t remove the default from my file. Your extra info will no doubt help me so thanks for that. I’ll let you know how I get on