No date on default notice

[BarryC]

Hi there,

I recently recieved a default notice from Virgin media with no date on the notice or the envelope. It just stated I have 14 days to pay from the date of the default notice. I missed the date by 11 hours according to customer services. Would this make the default notice void as I had no idea when the 14 days started from.

Any my help would be greatly appreciated.

many thanks

Barry

[Kafka]

Re: No date on default notice

What exactly do you mean "missed the date by 11 hours"?

[BarryC]

Re: No date on default notice

When I called Virgin to pay the bill they told me the default was already put in place and would not be removed. I missed the 14 days notice to pay before the default was put on my credit report. My issue is there was no date on my default notice letter. It just stated I had 14 days to pay.

[BarryC]

Re: No date on default notice

Apparently it was sent on the 10th of October and that was the start of my 14 days to pay before default.

[Kafka]

Re: No date on default notice

I take it that you didn't pay them regardless? Had you done that you could then have fought from a position of strength and quibbled about the dates. The CCA 2006 only refers to extending from 7 days to 14, but this is the 1974 guidance:

88 Contents and effect of default notice.

(1)The default notice must be in the prescribed form and specify—
(a)the nature of the alleged breach;
(b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
(2)A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed.
*****************************

This is very clear that the date must be included and that could reasonably be the date of issue of the DN, or date required for compliance. If neither is present I would contest this as not fulfilling the prescribed terms. Whilst it would be better if you had still paid them, I would argue that the payment wasn't then made because of their statement that it would't correct the default, because you didn't then realise that they have not followed procedures correctly and you didn't know the exact date for compliance.

Note also in (2) reference to date of service, which is the date when you are deemed to have received it, not when it was sent. For court claims they allow 5 days for that.

In truth, courts are often casual about defaults and whether they have been fairly applied, but I'd say you have good grounds to fight this if you pay the outstanding amount asap.

http://www.legislation.gov.uk/ukpga/1974/39/section/88

[BarryC]

Re: No date on default notice

Thank of very much for your reply. I have paid the outstanding dept in full to the collections agency as I wanted a settled debt on record at the very least. On further look at the default notice it still had no date anywhere on it - therefore my argument is that I could still be within the 14 days notice and therefore shouldn't have received the default. Also the collections agency had sent me a letter requesting the amount before the date of the 14 days notice ended (even using the date Virging gave me)? I Would just like this to be removed as its only a small amount and the whole thing doesn't seem to be 'by the book' if that makes sense?

[Kati]

Re: No date on default notice

Hi there,

I recently recieved a default notice from Virgin media with no date on the notice or the envelope. It just stated I have 14 days to pay from the date of the default notice. I missed the date by 11 hours according to customer services. Would this make the default notice void as I had no idea when the 14 days started from.

Any my help would be greatly appreciated.

many thanks

Barry

IMO - if there was no issue date on the notice, then it MUST be defective (it doesn't tell you when the 14 days ends )
K x

[Kafka]

Re: No date on default notice

I suggest that the first step is to write to VM that you paid the default sum on X date in the belief that that was compliant with the requirements of the CCA and the Default Notice. You have since discovered that they are saying you didn't pay in time. despite the fact that they didn't state the compliance date as they are legally obliged to do in the Default Notice.
In view of the fact that the account is now in order and they did not follow the correct procedures, will they please remove the defective default.

See what they come back with. If they just arse about then send them a letter before action threatening to file a claim for its removal. Nothing like a threat of legal action to sharpen the mind with these people.

[BarryC]

Re: No date on default notice

Thank you all for the helpful advice. Very much appreciated! I will send a letter first thing Monday and let you all know their response. Thanks again

[Kafka]

Re: No date on default notice

Thank you all for the helpful advice. Very much appreciated! I will send a letter first thing Monday and let you all know their response. Thanks again

I can tell you know it'll probably be the Foxtrot Oscar response.

:blah:

[Nibbler]

Re: No date on default notice

What is this bill for exactly?

What is the wording of the default notice?

Does it mention s87 of the Consumer Credit Act?

A default notice under the s87 of the Consumer Credit Act 1974 and a notice of intention to file a default with the credit reference agencies are not the same thing and different time scales can apply.

For a default on your credit file rather than a DN under the CCA, the ICO requires that:

http://www.scoronline.co.uk/files/sc...ment_final.pdf

The lender must have notified you of their intention to register a default against you at least 28 days before doing so, in order to give you time to make an acceptable payment or reach an agreement with them on an arrangement. This also applies in cases 1 - 3 above.

[Kafka]

Re: No date on default notice

I think the 28 days came in recently. In this case they stated 14 days as it should have been, but in any event the DN is defective.

[Nibbler]

Re: No date on default notice

28 days on a notice of intention to file a default with the CRAs has always been in the ICO guidance.

It's just that since 1st January 2014 the ICO guidance changed to make it a stricter requirement rather than a recommendation in most cases that one should be sent with that timescale.

Point here is we need to know what this so called default notice was and what it refers to.

No point arguing things to do with the Consumer Credit Act if this happens to be a non CCA regulated service agreement.

[BarryC]

Re: No date on default notice

i have attached a photo of the letter that I was sent by VM. As you can see its a very small amount which makes this even more frustrating. Nowhere is a date mentioned. I have cut the top of the letter off but that only shows my name and address and virgins logo. No date of letter issued.
Hope that helps shed more light on this.

Thanks
barry

[Nibbler]

Re: No date on default notice

So a credit agreement rather than a service agreement if that is to be believed?

Didn't think VM did those, but things may be different now.

What exactly is this account for?