Advice on this Default Notice.

[patrol30]

Re: Advice on this Default Notice.

Removed due too poor link with personal data in it.

[patrol30]

Re: Advice on this Default Notice.

As above

[miliitant]

Re: Advice on this Default Notice.

The default notice is dated the 20th october (what date did you receive it)

[patrol30]

Re: Advice on this Default Notice.

Hi miliitant,

Unfortunately i was not too organised at that point but i do remember it came in towards the end of the week as i remember think happy weekend so i would say Thursday 25th but i really could not prove this. But on saying that i did keep all the envelops but they are mixed up.

[miliitant]

Re: Advice on this Default Notice.

The default notice looks fine
dated 20 october
10 november to satisfy the notice

thats 21 days, more than enough time to include postage time

BUT IF THE NOTICE INCLUDES SUMS NOT YET DUE, THEN ITS DEFECTIVE

[teaboy2]

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.

Was The DN this year or last year as 20th october is a saturday and i can't see a DN being printed on a saturday since they don't work saturdays!

[patrol30]

Re: Advice on this Default Notice.

As i thought, will give them a hard time over the final demand but ultimately need to go down the belt and braces route to see all is in order.

Now as for the other letter that is 100% fault.

[patrol30]

Re: Advice on this Default Notice.

Ok last question then, clearly from the demand for full payment is it up to them to prove when it was posted. I think without proof they would be hard pushed to get a judge to accept the letter was printed and just sat there. I would say they have to prove when it was posted or the date on the letter would be the only solid proof so even with second class post i got it before the end of the default date.

[patrol30]

Re: Advice on this Default Notice.

ok just checked the amount they say i should clear. Now this is for a personal loan with set monthly payments, now i assume that you can only be in arrears for whole multiples of this payment.

For example 100 P/m payments and you are in 4 months arrears so they demand £400 or can they ask for part months.

The amount they want is NOT a multiply of the monthly payment, is my assumption correct?

[patrol30]

Re: Advice on this Default Notice.

I have went through every statement and subtracted 4 monthly payments - £120 i paid and the total they want is £60 more so i can only assume they have added charges. How do i go about finding out without raising suspicions about my real motives ?

[miliitant]

Re: Advice on this Default Notice.

WELL THEY CANT ADD CHARGES INTO THE DEFAULT NOTICE, ONLY THE DEFAULTED CONTRACTUAL MONTHLY PAYMENTS

IF THEIR WERE CHARGES THEY WOULD HAVE TO SEND YOU A notice of default sums

DONT GET CONFUSED WITH THE SEFAULT NOTICE. THE NOTICE OF DEFAULT SUMS IS ISSUED UNDER 86A OF THE CCA 1974

THAT WILL GIVE YOU 28 DAYS TO PAY THE CHARGE BEFORE IT GETS ADDED TO YOUR ACCOUNT

IF YOU HAVE NOT HAD THAT THEN ITS GAME OVER


If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition,

The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

Notice of default sums
Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum.

A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. For example, you hire a car for the duration of your holiday. There will often be a penalty sum payable if you incur a fine from using the car. The car-hire company might say this is to cover, for example, administration charges. Either way, certain sums are payable if you breach the agreement. Where this applies, the creditor must provide notice to the debtor, of the amount they must pay. This only applies where the default sum exceeds a specified amount.

Additionally, a creditor may only require a debtor to pay interest (in connection with a default sum) 28 days after the day the notice was given to the debtor. So if the creditor fails to give notice to the debtor then he can not enforce the agreement until notice is given.

[patrol30]

Re: Advice on this Default Notice.

Hi miliitant,
Thanks for that, yep looks like its game set and match. 4x Monthly payments - £120 paid under agreement and they have charged me £60 too much.

[miliitant]

Re: Advice on this Default Notice.

Glad to help

no notice on default sums added to the account--game over

[labman]

Re: Advice on this Default Notice.

This isn't quite accurate I don't think. My understanding is as written into your post below. Apologies in advance - I'm playing catch up after a few days away from the site, and I just happen to have picked up on these today. The links have been repasted at the bottom on edit, as they didn't work in the quotation.

WELL THEY CANT ADD CHARGES INTO THE DEFAULT NOTICE, ONLY THE DEFAULTED CONTRACTUAL MONTHLY PAYMENTS

IF THEIR WERE CHARGES THEY WOULD HAVE TO SEND YOU A notice of default sums

DONT GET CONFUSED WITH THE SEFAULT NOTICE. THE NOTICE OF DEFAULT SUMS IS ISSUED UNDER 86A OF THE CCA 1974 (this is not the case - see below)

THAT WILL GIVE YOU 28 DAYS TO PAY THE CHARGE BEFORE IT GETS ADDED TO YOUR ACCOUNT

IF YOU HAVE NOT HAD THAT THEN ITS GAME OVER

Section 86A is the requirement under CCA 2006 to send an OFT information leaflet with the notice telling the debtor he is in default.

http://www.legislation.gov.uk/ukpga/1974/39/section/86A

The Notice of Default Sums is Section 86E.

The 86E notice is sent to advise the debtor that default charges HAVE been added to the account, there is no grace period, it is not a warning. If they don't send one they can't enforce the agreement until they do, but this is not a problem as they could just simply produce one in court.

http://www.legislation.gov.uk/ukpga/1974/39/section/86E

They are not allowed to add interest on the default sum for 28 days which is where I believe the confusion is.

Hope this helps! :beagle:

http://www.legislation.gov.uk/ukpga/1974/39/section/86A (sorry, still doesn't work - copy and paste into browser to see content)


http://www.legislation.gov.uk/ukpga/1974/39/section/86E

[labman]

Re: Advice on this Default Notice.

Patrol - could you clarify the bits highlighted below please:

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.

then this .......

Hi miliitant,

Unfortunately i was not too organised at that point but i do remember it came in towards the end of the week as i remember think happy weekend so i would say Thursday 25th but i really could not prove this. But on saying that i did keep all the envelops but they are mixed up.

Could you clarify whether or not the envelopes were in fact kept. An envelope has been known to make a big difference, and there is recent case law to back this up. It would be useful to know which of the above is actually the case.

Thanks! :beagle: