M & S - 2 Default Notices

[SXGuy]

Hi Guys, Not sure if this is any help to my mother, but she received 2 default notices from M & S, both about 2 months apart, both giving 21 days to rectify the arrears.

From what i can see, the amounts on both are correct if you consider the missed min payments between the period that the first and last was sent, and the £2 she had paid as a token between then also, but what i do not understand is, surely if you fail to correct the arrears after 21 days of the first, the agreement would be terminated, in which case, how could they send a second?

I have uploaded both DN's and a statement my mother also received between the 2 DN's being sent for your inspection.

[Never-In-Doubt]

Re: M & S - 2 Default Notices

I'd be more concerned at the other wee faults within both these DN's...

1. The date, shouldn't it be more clearer? ie 21 days from the date of the letter, fine - but what if they sent that 3 days after printing, on a Friday night via second class post(it'd have failed the 14 day period for remedy in such an instance)? Ergo they should be saying "by the xx/xx/xx"

2. Check the OFT guidelines regards the wording they have emphasised

3. Did you get the OFT statement with these DN's?

* as for your main question, a lender can issue as many default notices as they want (via paper) but really they can only register one with the CRA's and also they can only terminate once - but they can default you, then default you again then again - as the s.87/s.88 default is only a warning that you have defaulted and that they intend on seeking further action - it doesn't mean they have to (or indeed, will) act on any threat.

Point is, both seem fine. The reason the second was issued is most likely due to the fact they issued one in February and obviously 2 payments were made but as they are less than the amount required to keep the account live they defaulted you again after the original one, because payments had been made.

That's how I interpret this. Is it acceptable, yep. Sorry, fraid so.

Read this ---> Default Notices - allaboutFORUMS

[SXGuy]

Re: M & S - 2 Default Notices

Ok thanks for clearing that up mate.

Yeah got the leaflet with both DN's

You are right tho, it says 21 days from the date of this letter, then goes on to say if the arrears are paid before the date shown....

Well the only date shown is the date of the letter.

One of them is marked 2nd May yet didnt receive till 8th of may, thats 6 days off the time to rectify the arrears for starters.

[SXGuy]

Re: M & S - 2 Default Notices

SCHEDULE 2

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

(c) if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than
fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

Ok. so i understand, it has to be 14 days after the date it was served.

The second DN arrived 6 days later than the date on the notice, that actually gives 15 days in total, so no breach there, cant remember the date the first arrived, but they both sent normal post, so what if the postie failed to deliver on time? 2 days later as you say, and that would make it 13 days.

The question is, can they just state 21 days after the date of the letter, or do they have to show an actual date to remedy in the DN itself?

[Never-In-Doubt]

Re: M & S - 2 Default Notices

One of them is marked 2nd May yet didnt receive till 8th of may, thats 6 days off the time to rectify the arrears for starters.

So you had until 23rd (based on their date of 2nd)....

You got it on 8th + 14 days to remedy = 22nd so the actual remedy period was close of business on the 22nd. They met it by a few hours....

Bummer

[Never-In-Doubt]

Re: M & S - 2 Default Notices

Ok. so i understand, it has to be 14 days after the date it was served.

see above mate - you have 14 days from service - this is 'complete' days meaning weekends count as well.

Yes, the actual remedy period is correct however I think they've also missed points. Paul is your best bet, he's an expert on DN's - I usually ask him when I am stuck as they do get confusing (just a tad)

[transformer999]

Re: M & S - 2 Default Notices

see above mate - you have 14 days from service - this is 'complete' days meaning weekends count as well.

Yes, the actual remedy period is correct however I think they've also missed points. Paul is your best bet, he's an expert on DN's - I usually ask him when I am stuck as they do get confusing (just a tad)

Hi Niddy...hope you don't mind but just posted below an example of my HSBC default Notice. It is dated 19 May 2009 and to remedy this date is given 2 June 2009. No time is given for posting as there are exactly 14 days between the two dates.

[Never-In-Doubt]

Re: M & S - 2 Default Notices

I thought I already answered this? Could you quote my post

[transformer999]

Re: M & S - 2 Default Notices

I thought I already answered this? Could you quote my post

Indeed you did your Nidship.....