Unfair Default Notice

[molliemoos]

Hi everyone,

I have been fighting an unfair default notice with a high street bank and even tried with the ombudsman but to no avail and the responce was unsatisfactory to say the least. I am thinking of trying to get legal aid to get the default notice taken off by going court and pleading my case. Has anyone been successful in doing this. Regards, Molliemoos

[Celestine]

Re: Unfair Default Notice

Hi Mollie

I filed a court claim against Lloyds last week to remove two default notices, but there were pretty extreme circumstances in my case.
Can you tell us a bit more about the circumstances of the default notice and we should be able to guide you further.

Welcome to Legal Beagles btw! :beagle:

[Gorang]

Re: Unfair Default Notice

Hi and welcome Molliemoos

It depends on the circumstanses for getting defaults removed

Personally I think before you could be given accurate advice, you would need to give more details about your default, unless someone else is a lot more wiser than me, which is quite possible.

eg.
who was the original creditor
when was the account started
did you stop paying/fall behind with payments on the account
did you receive a defalt notice, if so who from and when
when did the defalt notice go on your credit report/is it on your credit report
why do you think it is unfair default notice
what was the ombudsman responce to your complaint
etc etc

basically a timeline of what has happened and when so we can see the full picture

[jWk9pilgrim]

Re: Unfair Default Notice

Hi, I looked at this thread because I received an alert from Experian that I had a default notice posted against me on 17/07/11 by arrow global but I had never heard of them and was not in default of any of my payments - when I tried to look into this I could get no information from arrow global - despite emailing them to request full details - I phoned them and was passed to frederickson international who had no record of any debt owed to arrow global. After numerous attempts to get details I finally was told that frederickson international would write to me. I have now been telephoned by bryan carter solicitors - who provided a reference number and wanted to discuss early repayment for a reduced figure. I said I wanted everything in writing as I knew nothing about this debt and did not acknowledge it. I said I wanted and had requested everything in writing, including a true copy of the original debt. I was then told I the paperwork was being sent out but it would not be a true copy as this was not necressary under law. I said I would not accept the debt was mine unless I was given proof - all my financial matters are being dealt with and up to date - so where had this come from and I was told I had acknowledged the debt in 2004 and was in default from 2003 - so why don't I have any record of it?? If it was genuine then why was I not contacted before now and why was the first contact the default notice on my credit report. How could that be legal. The man I spoke to said he felt he had answered all my points satisfactorily and I was being awkward so he would get his manager to call me later to put me straight. Can anyone give me advice or help on this please. I am paying all my known debts and am not in default on any of them. What do I do when this manager calls me. I have stated in my email to arrow global that I don't want phone calls but everything in writing.

[SpringerSpaniel]

Re: Unfair Default Notice

You are right to insist that everything is dealt with in writing.

[Doc2527]

Re: Unfair Default Notice

Hi folks

My son received a default notice in the post today (25th October 2011) the default notice date on the letter was dated 21st September 2011. It states that he has 28 days before the default is reported to the 3 CRA's.

How can this be fair!! what recourse does he have?

Any help and advice would be gratefully appreciated.

Regards
Doc2527

[Gorang]

Re: Unfair Default Notice

I'm sorry to say the only way to stop them registering the default on his credit file, is he would have to pay the sum of money they ask for in full

Hi folks

My son received a default notice in the post today (25th October 2011) the default notice date on the letter was dated 21st September 2011. It states that he has 28 days before the default is reported to the 3 CRA's.

How can this be fair!! what recourse does he have?

Any help and advice would be gratefully appreciated.

Regards
Doc2527

[Doc2527]

Re: Unfair Default Notice

even though the default notice is late?? He has already sent them a letter disputing the charges on his bank account, and requested and SAR.

[sjh123]

Re: Unfair Default Notice

even though the default notice is late?? He has already sent them a letter disputing the charges on his bank account, and requested and SAR.

Have you got the original envelope it came in?

What is the date on the postmark?

[Doc2527]

Re: Unfair Default Notice

I looked at that...it's a prepaid envelope!!

[Gorang]

Re: Unfair Default Notice

A default notice requires 14 clear days to remedy the breach and minimum of 2 days for postage so if the date of the Dn is eg. 1st then the date of the remdedy should be around the 17th to the 18th, which would give 14 clear days and 2 to 3 dats for postage time for the notice to land on your mat

then I'm sure that they have to hold off 28 days before they actually register the default

If they have provided him with 14 clear days to remedy the breach then there is not much you could do to fight this as a invalid default notice even if they register the default before the following 28 days are up

To make a DN invalid they would need to date it the eg. 1st then the 14th which would not give enough time for postage thus not giving 14 clear days to remedy the breach

Can you scan and post up the DN minus personal details and account numbers as it seems very unusual for them to give 28 days in the first place

[Guest]

Re: Unfair Default Notice

Hi
Legally of course the notice sent to the CRA has nothing to do with the DN sent under section 87 of the act, although it is common practice to include both notices in the same document.
It is the banking code and ICO guidelines that recommend the 28 day interval before registering the default with a CRA but this can be commenced at any time, it is merely a notice to say that the agreement has broken down.
The Part Vi(section 87) notice is required before enforcement.
[FONT='Calibri','sans-serif']Peter[/FONT]