Hi, I'd like help with Default Notice - Can they Do This ?

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

[QUOTE=gravytrain;328360]

Slight correction to grammar, it was late at night (excuse)

You're forgiven Lol

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Right, what was the date the DN was issued and received by you? I ask because if the number of days between date received and pay by date is less than 14 days then the DN itself is invalid and they would need to issue a new one for them to register a default. Which they would not be able to do since you remedied the breach.

Secondly add to the letter that as you had remedied the alleged breach by the 16th in any case, then according to section 89 makes it clear the breach (default) is to be deemed as not having occurred, therefore no adverse data can be applied to a credit file as it would be unlawful to do so. The creditor who fails to honor section 89 would themselves be in breach of the credit agreement and would not be entitled to any funds not yet due and the agreement would become unenforceable in law and leave the creditor open to a claim for libel should they continue to record adverse data on a debtors credit file whilst they are in breach of section 89.

Hi Teaboy2,
i thought it should be 14 days given. The letter/default notice was dated 4th march and they wanted it paid by the 16th March so that is 12 days and not allowing 2 days for postage. That's why I'm so annoyed they have cancelled it as I paid them on the 16th over the phone with my de it card.

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

From what the OP says it seems that he remedied outside the 14 days, so it is probably not in his best interests to draw to much attention to the requirements of section 87.

It may be that this is not a cca matter at all of course, but hopefully we ,may not have to go into that if they resolve the matter after this initial response.

I think it was remedied in time. Would paying on the 16th be complying to their request on DN to pay by the 16th ? and if not, surely their DN request only gave me 12 days from the date issued, leave alone the date received which was some days later ?

[gravytrain]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

I think it was remedied in time. Would paying on the 16th be complying to their request on DN to pay by the 16th ? and if not, surely their DN request only gave me 12 days from the date issued, leave alone the date received which was some days later ?

So you did my mistake, just as well this was the position taken in the letter I drafted.

just as a mater of interest, was there an additional charge for paying this policy by installment ?

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

So you did my mistake, just as well this was the position taken in the letter I drafted.

just as a mater of interest, was there an additional charge for paying this policy by installment ?

Yes, there was a charge for credit. I can't remember how, but I will dig out the original paperwork this weekend.
just had another phone call from their collections dept, didn't answer it, they left a voicemail, even though I told them yesterday to communicate in writing.

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Sorry, my previous post should have said " I can't remember how MUCH" I'm using a mobile phone to post messages, not the best lol

[gravytrain]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Yes, there was a charge for credit. I can't remember how, but I will dig out the original paperwork this weekend.
just had another phone call from their collections dept, didn't answer it, they left a voicemail, even though I told them yesterday to communicate in writing.

Yes if there was a charge for credit it would have been a loan of course and covered by the CCA.

As teaboy says you remedied within the period so they should not have terminated on breach, therefore they are not entitled to all sums due under the agreement.

They can of course terminate if there is a term in the agreement that says so, but if they use this all you would owe is any arrears

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Yes if there was a charge for credit it would have been a loan of course and covered by the CCA.

As teaboy says you remedied within the period so they should not have terminated on breach, therefore they are not entitled to all sums due under the agreement.

They can of course terminate if there is a term in the agreement that says so, but if they use this all you would owe is any arrears

Thank you. I will find the contract to check the Terms & Conds.

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Sometimes its worth pointing out to the creditor the consequences of their actions. No where was i saying to threaten legal action if they do not comply - Its simply giving the creditor a heads up on their error.

Than you teaboy2

[Freespirit]

Re: Hi, I'd like help with Default Notice - Can they Do This ?

Than you teaboy2

Sorry, should say Thank you lol