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  • Default Notices

    I would like some opinion on if these are legal

    I do not have the envelopes and others may have been issued afterwards but these are what I have


    Natwest Default regustered on experian 1/3/2007 for £3319
    NatWest DN.doc

    Natwest Termination.doc
    Last edited by jon1965; 6 June 2012, 13:08.

  • #2
    Re: Default Notices

    Morgan Stanley (Can't find a default on my experian credit file or my Noddle)

    Morgan Stanley DN etc.doc
    Last edited by jon1965; 6 June 2012, 16:37.

    Comment


    • #3
      Re: Default Notices

      Mint registered on experian 1/5/07 for £623

      MINT DN.doc

      Comment


      • #4
        Re: Default Notices

        Amex Registered 10/6/07 for £3950

        AMEX DN.doc
        Last edited by jon1965; 6 June 2012, 16:39. Reason: removed personal details

        Comment


        • #5
          Re: Default Notices

          Halifax Current Account
          registered on experian 7/8/08 1 day before remedy date

          Halifax DN etc.doc

          Comment


          • #6
            Re: Default Notices

            Halifax loan account registered on experian 8/10/07


            I can not get it to upload but date of letter is 22nd Feb 2007 and remedy date is 3rd March 2007 and all it says is to pay a298.78 which is the equivalent of 2 months payments. I will try later to add it

            Comment


            • #7
              Re: Default Notices

              Natwest doesnt appear to allow 14 days for remedy (from date of letter)

              Morgan Stanley - Are they both for the same account?

              Mint again only allows 14 days from date of l

              Amex only allow 14 days form date of l

              If halifax account was registered before time expired, I think they are in do do

              Halifax loan, form what you appear alllows insufficient time for remedy.


              All appear in some way to be defective to me - but I would wait for those with a little more knowledge.
              Last edited by oscar; 6 June 2012, 14:17.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #8
                Re: Default Notices

                Jon.... whether a default notice is legit or not only really comes into play if/when a court summons is issued, so please don't stress about this. If your accounts turn out to be UE, then it makes no difference how they've worded their default notices.... 'coz you won't be paying anyway.

                Where they want you to "return your card(s) to this office cut in half" though.... don't do it!!
                Last edited by PriorityOne; 6 June 2012, 14:14.
                Remember the mantra:
                NEVER communicate by 'phone.

                Send EVERYTHING by Recorded/Special Delivery
                Keep a copy of EVERYTHING sent
                Keep hold of EVERYTHING received

                PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Re: Default Notices

                  Originally posted by jon1965 View Post
                  I would like some opinion on if these are legal

                  I do not have the envelopes and others may have been issued afterwards but these are what I have

                  Natwest Default regustered on experian 1/3/2007 for £3319
                  Default notice dated 21/11/06, so the notice period is 14 days. However, the notice states it is 14 days after the date of the document, whilst section 88 of the Consumer Credit Act 1974 (link) clearly states it is 14 days after the service of the default notice. This is quite typical of the RBS group, as they seem to have a corporate ethos whereby they regard compliance with the law as largely optional.

                  Termination notice dated 12 December 2006, 15 days after the presumed date of service of a default notice posted on 21/11/06 and sent by 2nd class post.

                  Comment


                  • #10
                    Re: Default Notices

                    Originally posted by jon1965 View Post
                    Morgan Stanley (Can't find a default on my experian credit file)
                    More than adequate notice given.

                    (My opinion has been revised - please see below.)
                    Last edited by CleverClogs (RIP); 6 June 2012, 19:30.

                    Comment


                    • #11
                      Re: Default Notices

                      Originally posted by jon1965 View Post
                      Mint registered on experian 1/5/07 for £623
                      Default notice dated 12/02/07, demanding payment by 26/02/07.

                      See above for why this does not comply with the CCA.

                      Comment


                      • #12
                        Re: Default Notices

                        --> Alternative Default Notice! - allaboutFORUMS

                        This is the best DN
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Default Notices

                          Originally posted by jon1965 View Post
                          Amex Registered 10/6/07 for £3950
                          Contains your real name.

                          Dated 21 January 2007 and requires remedy "within fourteen calendar days from the date of this Default Notice".

                          Wrong, but Amex are colonials...

                          Comment


                          • #14
                            Re: Default Notices

                            Originally posted by jon1965 View Post
                            Amex Registered 10/6/07 for £3950

                            file removed by admin
                            Originally posted by CleverClogs View Post
                            Contains your real name.
                            thanks cloggy, sorted.

                            Jon, be careful please mate....
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: Default Notices

                              Originally posted by jon1965 View Post
                              Halifax Current Account
                              registered on experian 7/8/08 1 day before remedy date
                              May God preserve us from Hull, Hell and Halifax!

                              However, they've goofed slightly. By stating that the default notice was issued under section 87(1) of the Consumer Credit Act 1974 - link - they have admitted that the overdraft was an agreement regulated by that Act. Consequently, it would be daft for them to claim that it was not a regulated agreement.

                              They seem to have given enough notice.

                              Comment

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