Is my default notice invalid???

[Dabeuk]

Hi Everyone,

Not only new to this site but also new to forums so if this post is in the wrong section i'm sorry.

Right a bit of background. I have had a number of defaults registered against me when my financial situation was hit hard a few years ago. Now I am looking at fighting the companies that registered these and require a little help checking that they all followed procedure when issuing these defaults.

I have been doing a bit of research and requesting all relevant info from OC/DCA's to see if they are in order. I have had a reply from barclaycard and they have sent all correspondence which include the default notice they sent before issuing the default.

Although it was sent along with another letter the actual default notice does not include my name and address (i.e the debtor) or a description of the agreement.

My question is this. Does this missing information hold enough weight to invalidate the default notice and as such the registered default due to the notice not complying with the CCA 1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 which requires that this information is shown on all default notices.

Any advice would be greatly appreciated, also i would be happy to post a copy of the notice if this would help.

Thanks in advance.

[nemesis45]

Re: Is my default notice invalid???

Hi Everyone,

Not only new to this site but also new to forums so if this post is in the wrong section i'm sorry.

Right a bit of background. I have had a number of defaults registered against me when my financial situation was hit hard a few years ago. Now I am looking at fighting the companies that registered these and require a little help checking that they all followed procedure when issuing these defaults.

I have been doing a bit of research and requesting all relevant info from OC/DCA's to see if they are in order. I have had a reply from barclaycard and they have sent all correspondence which include the default notice they sent before issuing the default.

Although it was sent along with another letter the actual default notice does not include my name and address (i.e the debtor) or a description of the agreement.

My question is this. Does this missing information hold enough weight to invalidate the default notice and as such the registered default due to the notice not complying with the CCA 1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 which requires that this information is shown on all default notices.

Any advice would be greatly appreciated, also i would be happy to post a copy of the notice if this would help.

Thanks in advance.

Good afternoon, welcome to LB,

Please post a copy of this alleged default notice here so we can see what's what.
Is this on Barclays letter heading?

nem

[Dabeuk]

Re: Is my default notice invalid???

Hi Nem,

Thanks for the quick reply.

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.

Thoughts?

[warwick65]

Re: Is my default notice invalid???

When the DN was sent was there a cover letter to it?

Regardless I think there ay be a problem with it but what do you want to achieve?

[Dabeuk]

Re: Is my default notice invalid???

Hi,

There was a cover note with it (please see attached) but are they not classed as 2 separate documents?

I am looking to in some way get the default removed from my credit file and as this is not (i believe) in its correct form i wanted an opinion as to whether this could be used as leverage to do just that.

The debt is now with Robinson Way/Hoist PF2 Holdings and they have also recorded a default as well as barclaycard for the same debt. I have requested documents from them as well to ensure they have all of their ducks in a row.

I am a little new to this though and keep seeing conflicting reports on how to approach these companies. Should i argue based on the default, request my CCA or send an SAR letter?

[warwick65]

Re: Is my default notice invalid???

Hi agan

Just to check, the actual default date on the one from hoist, is it the same as the original one from barclaycard?

I know some credit files make it difficult to see the actual default date but noddles is quite clear, well it s for me.

It should show the barclaycard card as settled and the hoist as current or at the least the barclaycard will not have been updated.

If things are as above and you have other defaults on file I would leave things be, don't want to open a can of worms.

When were your accounts opened?

Have you also sent cca requests to get the agreement?

[Dabeuk]

Re: Is my default notice invalid???

Hi Warwick,

Default dates are both the same on my credit file and the Barclaycard balance does indeed say £0.

I do have other defaults but i am also looking at my options with these and believe i have a good case against some of them so still want to proceed.

No CCA requested yet however that is my next step. I will also ask them to confirm if the account has indeed been terminated as there is no letter saying as much. From my understanding if the account has been terminated from their end and the DN is not valid then they cannot re-issue. However if the account is still active they can and as such it won't be in my interest to argue the DN (unless they have to give me 14 days to settle before registering the new default which i will happily do. Thoughts on the would be good though.) I have no issue settling the account but if the default stands whats the point as it will still stay for 6 years paid or not with the same negative effect on my CR, I'll just be a £1,000.00 out of pocket.

[nemesis45]

Re: Is my default notice invalid???

Hi agan

Just to check, the actual default date on the one from hoist, is it the same as the original one from barclaycard?

I know some credit files make it difficult to see the actual default date but noddles is quite clear, well it s for me.

It should show the barclaycard card as settled and the hoist as current or at the least the barclaycard will not have been updated.

If things are as above and you have other defaults on file I would leave things be, don't want to open a can of worms.

When were your accounts opened?

Have you also sent cca requests to get the agreement?

Hoist are noted for not updating credit files, it's important that the date of the default on your credit files is the same as BC's original.

The DN and covering letter at first reading " seems " to be valid again judges opinions may well vary.

nem

[Dabeuk]

Re: Is my default notice invalid???

Hi Nem,

Is the default notice not supposed to include all info as set out in the CC 1983 Regulations as seen below?

"Default Notices

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

a statement saying the notice is a default notice served under section 87(1) of the 1974 Act

a description of the agreement

the name and address of both the debtor and the creditor

details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date......"

I understand that there was a covering letter to this but are they not two separate documents and as such if DN does not have the required info is then invalid?

Complete novice to all of this but this is just my interpretation of the regulations as i read them. If you could point out where i am misinterpreting them it would be appreciated.

Thanks

[Amethyst]

Re: Is my default notice invalid???

There's also no date on the default notice.

Whats the date on the covering letter? Does that give a clear 14 days to the 10th Sept ?

[MENTION=551]pt2537[/MENTION]

[Dabeuk]

Re: Is my default notice invalid???

Hi Amethyst,

The covering letter is dated the 21st August so it does give above the 14 days to settle unfortunately.

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 after the notice.

[Amethyst]

Re: Is my default notice invalid???

Not massively, the credit file and default notice are separate - 6 months is usually quite acceptable for 'accuracy' of data purposes.

I don't know about the issue of the date/address etc being on a separate sheet, the FCA information sheet is separate and realistically they have provided all the relevant information under the act..... I really don't know whether the semantics of whether its on one page or not will hold any water.

[Dabeuk]

Re: Is my default notice invalid???

Also can anyone point me in the direction of a decent CCA request template letter that i can amend and send off?

[Amethyst]

Re: Is my default notice invalid???

The debt is now with Robinson Way/Hoist PF2 Holdings and they have also recorded a default as well as barclaycard for the same debt. I have requested documents from them as well to ensure they have all of their ducks in a row.

Shouldn't be more than one default for the same debt, the owner of the default should have changed but it should still start on the same date and only appear once.

[Amethyst]

Re: Is my default notice invalid???

Also can anyone point me in the direction of a decent CCA request template letter that i can amend and send off?

CCA Request