Advice on this Default Notice.

[patrol30]

What is the legal standing with a Default Notice being issued which is ok BUT they then demand full payment via their in house DCA before the Default notice has expired. The default notice gave more than the 14 days notice are they obliged to stick to this or can they revert to the 14 day minimum.

In this case if the 14 days notice is adhered to then it comes down to the dates as the demand requesting the full payment letter is dated before the 14 day notice period but if you take second class postage into account its falls on the 14th day.

BUT remember the official default date on the letter is almost a week after i received the demand for full payment.

Is this Default Noticed classed as defective, or what other legal standing do i have for this.

[miliitant]

Re: Advice on this Default Notice.

they cant issue a default notice for sums not yet due

all they can ask are the missed payments etc

the statutory minimum is 14 days to rectify a default before they can terminate and ask for sums not yet due

a creditor can terminate an agreement without a default notice but the new creditor must carry on the contract with the normal contractual repayments

by its very nature. default meand default of current obligations, no sums not yet due

if they have demanded sums not yet duem the default notice will then be crap and the creditor cant terminate the agreement and is a perfect defence but keep it under your hat

[patrol30]

Re: Advice on this Default Notice.

Hi miliitan,

No the default notice only asks for the arrears and is dated correctly so it looks correct. But before the default period ended they demanded full payment from their in house collectors.

So where do i stand with this.

[miliitant]

Re: Advice on this Default Notice.

well if the default notie has expired and you have not rectified the default, the creditor can now demand sums not yet due, (full balance) and terminate the agreement if they wish, and register the default with the credit agencies

[patrol30]

Re: Advice on this Default Notice.

Even though they broke the terms of the default notice demanding full payment kinda make the default notice a waste of time then.

[miliitant]

Re: Advice on this Default Notice.

i am getting a bit confused so please confirm

1/ you missed a few payments on a credit agreement
2/ the creditor sent you a default notice served under 87(1) of the consumer credit act 1974 to make good the default within 14 days (missed payments)
3/ you failed to rectify the default which only included the arrears (missed payments)not all payment due

please confirm above

[basa48]

Re: Advice on this Default Notice.

Even though they broke the terms of the default notice demanding full payment kinda make the default notice a waste of time then.

Not really a waste of time', it is a legal document that has to be served before a lender can take further 'enforcement' action.

As far as the DCAs demand for the full sum prior to the remedy date on the DN, well a lender or his agents can make any sort of demand (request) they wish at any time, but unless they are entitled in law to enforce their request you can safely ignore them (which I assume you did!!).

If the DN was 'good' and the remedy date passed without remedy, the lender can now move on to enforcement action.

[patrol30]

Re: Advice on this Default Notice.

Hi Guys,
Sorry for the confusion i will put the dates in

Default notice dated 20th October received 25th October and told to settle the arrears before 10th November, all in order.
Received a letter from their in house DCA DEMANDING FULL payment dated 5th November received on 8th November.

I should point out that the letter demanding full payment contains the wording "we have been told to recover the money you owe" clearly this instruction was prior to 5th November well within the period of Default.

I have no proof of delivery dates as i was not clued up at that point and binned the envelops but as far as i can see the dates on the letters are the only certainty's.

Hope that clears things up and i have not cleared the arrears.

[patrol30]

Re: Advice on this Default Notice.

My question is why pass the debt on and demand full payment during the default period?

[miliitant]

Re: Advice on this Default Notice.

The default period is the 14 days to rectify the default under the 87 (1) default notice
you cant sell it on and demand all sums due during that time . That is including sums not yet due during this 14 day period

[patrol30]

Re: Advice on this Default Notice.

So the important point is the in house DCA were instructed to collect the full debt before the expiry time OR is it the time i receive the letter. Thats why i am trying to clear this up as if the postage is included it falls outside the 14th day its that tight. So for example they were instructed to collect the full amount on the 5th(clearly within the default period) but i never received the letter until the 9th. So what is the legal standing the date on the letter or that date plus postage. I should point out that even if i did receive it on the 9th they still demanded full payment on my final day.

SO is this DN valid?

[miliitant]

Re: Advice on this Default Notice.

the default notice has to give a date on it when they expect the default to be rectified by

the law is 14 days but the creditor can stipulate longer if they want, but not BEFORE the 14 days are up

its 14 days plus 2 for postage

so if the default notice is dated the first of the month, 2 days for postage, the date on the letter to rectify the default has to be the 16th of the month

[patrol30]

Re: Advice on this Default Notice.

Hi Miliitant,
We are getting bogged down in date details so i think in its bare bones my question is this.

The exact date on the default notice is "you must pay the total arrears of xxxx before the 10th November 2012.
The Debt was passed to the in house DCA on 5th of November (date on letter).

My question is, is the date 5th of november the legal date or is it 5th of November + 4 days for postage.

If it includes postage i received the demand on the 9th November the final day of the default notice.

So is this in order or have they broke the rules?

[miliitant]

Re: Advice on this Default Notice.

IT IS 14 PLUS 2 DAYS DATE FROM THE DATE OF THE LETTER FROM THE CREDITOR

THATS THE DATE THE LETTER WAS SENT

THE DCA COULD HAVE HAD THE ACCOUNT FOR WEEKS BEFORE SENDING THE DEMAND

IT IS 14 DAYS PLUS 2 FROM THE DATE OF THE LETTER (default notice)

from what you have stated the default notice is invalid

can you scan and post up the default notice

The default notice is bad (Harrison, Brandon etc) if it doesn't have 14 clear days

google photo bucket to do this

[patrol30]

Re: Advice on this Default Notice.

Ok this should work