Fake Default notices

[frozen1]

Hi,

Does anyone know if this practice has been 'investigated'? And if so what was the outcome?


http://news.sky.com/story/1295002/wa...letter-tactics

http://www.dailymail.co.uk/news/arti...ng-tactic.html

Also, I attach the Default notice Barclaycard say isn't a default notice. Can anyone tell me exactly why it's not a 'proper' default notice when I didn't make their payment demand within the timescales they demanded.

I believed I had been defaulted and updated with the CRAs and took certain courses of action on the advice of such letters I took to CAB back in 2009- which ultimately led me to enter a DMP. Had I known they weren't actual default notices my route and life for the last 6 years may have been very different.

[Kati]

Re: Fake Default notices

Also, I attach the Default notice Barclaycard say isn't a default notice. Can anyone tell me exactly why it's not a 'proper' default notice when I didn't make their payment demand within the timescales they demanded.

so a letter that says "Default Notice" at the top isn't a DN? :tinysmile_aha_t:

[Amethyst]

Re: Fake Default notices

A default notice would usually come from the lender, however Mercers state they are acting for Barclaycard - and that certainly looks like a default notice.

What reasons are Barclaycard giving that it isn't a default notice, and why are they/you arguing that it is/isn't ?

http://www.legalbeagles.info/forums/...4262#post74262 Birdie had same.

[mystery1]

Re: Fake Default notices

A default notice would usually come from the lender, however Mercers state they are acting for Barclaycard - and that certainly looks like a default notice.

As they say in Thailand, if she looks to good to be true it's probably b0llocks.

M1

[Amethyst]

Re: Fake Default notices

Mercers are Barclaycards in-house collections agency anyway so a letter from Mercers is the same as a letter from Barclaycard ?

[nemesis45]

Re: Fake Default notices

Barclaycard are stating that the Mercers " DN's" are/were not " proper" dealing with one now where a Default Date backdate and compensation has been offered, negotiations and complaint continues.

nem

[mystery1]

Re: Fake Default notices

Mercers are Barclaycards in-house collections agency anyway so a letter from Mercers is the same as a letter from Barclaycard ?

The name and address of the creditor must be on the default notice. Never in a month of Sundays will that crap fly. Never ever. Not even in the anti debtor courts of Manchester.

http://www.johnpughschambers.co.uk/C...ons%201983.pdf

M1

[Amethyst]

Re: Fake Default notices

Nem - is the backdate of the default being offered to the date of the fake DN from Mercers ? or to an earlier date ?

I think the OP took certain actions off the back of the fake DN and Barclays are stating it wasn't a DN and the Default date was much later ... so needs to argue that he relied upon it ??? ( but that's guesswork really ) and the account should have been defaulted upon his non compliance with the fake DN .

[frozen1]

Re: Fake Default notices

Hi,Amethyst- ;Barclaycard are saying a Default notice doesn't mean it will automatically go to Default with the CRAs. They are saying they have to issue a Formal Demand before 'registering' a Default. I have been told by one of their agents this wasn't a default notice but that they issued one in October 09 which is when the default should have been registered. I have an EXACT notice the same as this one only also dated October 09. Now a level 2 agent is now saying the Default date should be March 2010 and that Level 1 agent 'misunderstood' as these notices 'can be confusing'. Yet I have no default notice of one in March 2010..

Nemesis this is possibly the same case as I have started a couple of threads (it is growing arms and legs daily). Barclaycard have offered £500 compensation and to backdate to March 10 on teh phone on Friday. I am expecting a letter confirming this tomorrow. However, I am more interested to have it backdated to May 09/June 09 as per the original 'Default Notice' that isn;t a Default notice so that it is removed completely, It is currently under review with a manager at Barclaycard who is going to call me tomorrow. However, I want to do a note to her this evening to try and get her to backdate to the May 09/June 09 date ahead of her 'review'. ;But not sure how to word it but wanted to use the fact Barclaycard were doing this practice of issuing misleading 'Default Notices' back then that they now seem to have ceased, possibly for fears of another Wonga situation! So was just looking for any ideas/advice/inspiration/similar stories!! Given that the debt was all under £500 (£250 actual spend the rest their charges!) I don't know if they will enter a 'gesture of goodwill'

[Amethyst]

Re: Fake Default notices

Okay might be an idea to merge the threads else we're just talking round in circles. xx

This one I presume then http://www.legalbeagles.info/forums/...923#post553923

[mystery1]

Re: Fake Default notices

In the terms described a default notice ( notice of intent to default on your CRA) is vastly different to a default notice as per cca 74 s87 although in reality they are often combined in one notice.

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

M1

[frozen1]

Re: Fake Default notices

Hi Mystery1,

Sorry I'm not quite following your comment. I just assumed a Default Notice was exactly that and that is what would be recorded with the CRAs if certain conditions were not met in time to bring the account into order?

[mystery1]

Re: Fake Default notices

In order to pursue the full debt, assuming it's not all due, they need to issue a default notice that complies with the consumer credit act otherwise they cannot claim money that is not yet due under the agreement. (for completeness they can, if the terms and conditions allow, terminate upon non payment which doesn't need a default notice)

In order to place a default on your credit record they need to give you 28 days notice which many people also call a default notice.

These are 2 entirely separate requirements and can be sent under separate cover. However, a "default notice" usually does both functions, and is sent as one document, provided they provide all the required information for both.

M1

[Captain Haddock]

Re: Fake Default notices

Though it's all water under the bridge now, a firm of lawyers up here tried that on with me a few years ago: they issued what, to me, looked like a DN. I believed they had no right to do so as a) they did not own the account and, more importantly, b) the OC had issued their DN several years before hand, prior to the account being pass to 1st Crud.

I attempted to have this firm investigated by local trading standards but they steadfastly refused to answer an correspondence and a complaint to the Scottish Legal Complaints Commission found that this firm had done nothing wrong. How does that work??