No date on default notice

[BarryC]

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?

It was for a broadband contract

[Nibbler]

Re: No date on default notice

Well, I've never signed a CCA1974 regulated agreement for broadband, ever. Struggle to see how it could be one.

[BarryC]

Re: No date on default notice

It's definitely for my internet broadband contract. Does this mean it's an error on their part?

[Nibbler]

Re: No date on default notice

It's so long since I was with VM (NTL back then) that I no longer know what the content and type of contract they use is. Would not have imagined it could be a regulated credit agreement of any form for broadband, but never say never.

[Kati]

Re: No date on default notice

Would it be worth Barry's while to fire off a CCA to them @Nibbler?? (seeing as VM are insisting it's covered by the CCA1974)

I still think the notice is defective too ... it's not dated so there was no way of knowing when the 14 days ended!

[Nibbler]

Re: No date on default notice

Maybe. I'm just very surprised that if VM use CCAs, that I've not come across that fact before.

[Kati]

Re: No date on default notice

Maybe. I'm just very surprised that if VM use CCAs, that I've not come across that fact before.

I haven't either, but if they are saying it is a regulated agreement under cca1974 then they should be willing to comply with a cca request :tinysmile_twink_t2:

[BarryC]

Re: No date on default notice

Perhaps it is a recent thing? This is all I have received from VM.

Anyhow, any ideas how I should proceed?

[Nibbler]

Re: No date on default notice

I haven't either, but if they are saying it is a regulated agreement under cca1974 then they should be willing to comply with a cca request

That is true.

Regardless, CCA or no CCA, VM should be following ICO/SCOR guidelines, unless they fall under one of the exceptions listed. Giving 28 days warning of recording a default on credit files.

[Amethyst]

Re: No date on default notice

When you called them after getting this letter, was it to pay the defaulted amount in full therefore returning you to the original position, if so, did you inform them of the date you had received the letter and offer to make the payment ?

[BarryC]

Re: No date on default notice

When you called them after getting this letter, was it to pay the defaulted amount in full therefore returning you to the original position, if so, did you inform them of the date you had received the letter and offer to make the payment ?

Yes I called to pay in full but I was told I was too late and the debt had been passed on. They claim this letter was sent out on the 10th of October they confirmed they had a copy of this default notice and that it does not have a date but their system has the date it was issued. Therefore the 14 days notice terminated last night at midnight and they would not budge on the matter.

[Nibbler]

Re: No date on default notice

Seems that VM have screwed up on both counts then. Not a compliant CCA1974 default notice (assuming it is even covered by the CCA) , and not giving the the required 28 days warning re recording a default on your credit files.

[Kafka]

Re: No date on default notice

When you called them after getting this letter, was it to pay the defaulted amount in full therefore returning you to the original position, if so, did you inform them of the date you had received the letter and offer to make the payment ?

From what I've gathered he did call to clear the amount but they said it was 11 hours too late. He did pay it anyway.

It seems to me that the key issue here is that they did issue a DN, even though it was a service agreement, and that their legal basis for the default rests with a DN under the CCA even though that isn't applicable. There are therefore several grounds to contest:

1) The DN lacks the prescribed term of the date.
2) As a result of their failures in 1) the payment was slightly late and they refused to accept it.
3) They only allowed 14 days in total when it should have been 28 days.
4) They wrongly cited the CCA, which is an abuse of process.

If it was me I would seek removal in a prelim letter purely based on the lack of the date in the DN. If they refuse that then a claim for removal starts bringing in all the points above.

[Nibbler]

Re: No date on default notice

Reminds why even if I could get VN here, I would avoid like the plague.

NTL were a pile of poo when it came customer service and their successor VM doesn't seem to have improved.