Is my default notice invalid???

[Amethyst]

Re: Is my default notice invalid???

Is this one due to fall off your file by the end of this year anyway? ( 6 years from the default)

Does it make a difference when the default was registered though as this was not done until the 18/02/15 which is 6 months..

Though the Default notice is 2011?

[Dabeuk]

Re: Is my default notice invalid???

Thanks Amethyst,

Unlucky for me i suppose.

I'll still request the CCA and see if there is any issues i can find with that paperwork then.

[warwick65]

Re: Is my default notice invalid???

The potential problem that I can see is you are potentially doing their job for them.

If you are pointing out all the errors you may be giving them the opportunity to put them right before it ever goes near a court

If it were me I would be going down the CCA route now to see if the agreement is available and enforceable

Just my thoughts though

P.S I am inclined to agree with Amethyst that there are errors on the DN but that is more about keeping an ace up your sleve

Remember you do not need a valid DN to place a default on your credit file, they are different things

Its good that the BC shows as settled and the dates match up
It will fall off your file after 6 years

[Dabeuk]

Re: Is my default notice invalid???

No i wish. Its only 2 years old from Default date. This is why i am pretty desperate to get it removed.

[Dabeuk]

Re: Is my default notice invalid???

Hi warwick,

I am keeping that one quiet as i know that the agreement needs to be terminated by the creditor or they can just re-issue so not about to wave it in their face just yet.

I'll submit the CCA request and make sure all is enforceable. What generally would constitute the agreement being unenforceable after making the request?

[warwick65]

Re: Is my default notice invalid???

Depends on the date of the agreement TBH

If it is post Apr 2007 they need to comply with the request and provide either a copy of the agreement or reconstituted of what you would have signed

If its pre April 2007 the agreement needs to contain all the prescribed terms such as frequency of repayment , names and addresses, APR etc

However as has been said before, the devil is in the detail

It is a bit worrying that the date of default recorded is so very long after the date on the default notice

Is there any chance that you complied with the DN or even contacted them and made an arrangement in which case they may not have used the DN then

[Amethyst]

Re: Is my default notice invalid???

No i wish. Its only 2 years old from Default date. This is why i am pretty desperate to get it removed.

Ahh yes ignore my comment... I've got about three other peeps default notices / letters open on separate tabs... I really need training in Browser Tab Management lol. Yours is Sep 2014 - Default on Credit File Feb 2015.

[Dabeuk]

Re: Is my default notice invalid???

Hi Warwick,

Unfortunately not I just ignored all correspondence. I had a large building company try and take my firm for almost 40k at the time so all of my efforts went towards fighting to get my £.

BC were just a long line of people/companies looking for money i didn't have at the time.

Agreement was post 2007 so i will take a look at what they supply when requested and probably be back asking for some more advice.

- - - Updated - - -

Ahh yes ignore my comment... I've got about three other peeps default notices / letters open on separate tabs... I really need training in Browser Tab Management lol. Yours is Sep 2014 - Default on Credit File Feb 2015.

Yes thats right. Still 4 years to go so not good from my perspective.

[Diana M]

Re: Is my default notice invalid???

Please see the 'alleged' default notice as received from barclaycard today.

This is not the original however as I do not have it, this is a copy of the letters they have on record that were sent out to my previous address.

There is no date on that DN so it can't be valid.

There's a remedy date for the breach but no way of knowing if you've been given sufficient time. A point which could be argued in court if things get that far.

In your post you say it's a copy of the original but I would say it looks like a reconstituted document hence the missing date. Perhaps Barclaycard don't have a date on file. Perhaps no DN was actually sent.

Di