Default Notices

[CleverClogs (RIP)]

Re: Default Notices

Halifax loan account ... 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

Utter rubbish.

22nd Feb 2007 was a Thursday. If the DN was sent by 2nd class, then the presumed date of service would be 28 February.

Even in (bloody) Yorkshire that only gave two days notice, as 3rd March 2007 was a Saturday and hence probably did not count.

Even if the DN had been sent by Special Delivery or by a fast native bearer with the DN in a cleft stick, it still would not allow 14 days for the default to be remedied.

[CleverClogs (RIP)]

Re: Default Notices

Where they want you to "return your card(s) to this office cut in half" though.... don't do it!!

Not even to shove the bits up the manager's jacksi?

[jon1965]

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!!

Thanks P1 , not stressing about it at all, I met up with the guy who used to do my DMP and got these off him today, thats why I posted. As it happens the Natwest, Mint and Morgan stanley are all enforceable

Morgan Stanley - Are they both for the same account?

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.

Oscar, the Morgan Stanley ones are both the same account but as the defaults do not appear on either my experian or Noddle I do wonder if they have actually defaulted me.

thanks cloggy, sorted.

Jon, be careful please mate....

Thanks Niddy/Cloggy

Pretty much as I hoped, all except Morgan Stanley are defective. Just wondering if the MS is defective in any way?

[oscar]

Re: Default Notices

Pretty much as I hoped, all except Morgan Stanley are defective. Just wondering if the MS is defective in any way?

If you have TWO notices for the same account, and they have failed to act on either, I am sure there would arguements that could be utilised.

[CleverClogs (RIP)]

Re: Default Notices

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

At first sight, they appeared to have given adequate notice, but the documents are a confused mess and do not make complete sense.

Taking them in their correct sequence, the first DN seems to be dated 30th November 2006, which was a Thursday; assuming 2nd class post, it would be deemed to have been served four working days hence, on 6th December 2006. The date by which the default should have been remedied was 24th December 2006 which was a Sunday; my, wouldn't Ebenezer Scrooge be delighted with such an approach to business?

Adequate notice was certainly given but, for some reason, the creditor did not act on it. Instead, a second default notice was sent, this time apparently dated Thursday, 4th January 2007 and which would have been deemed to have arrived by Wednesday 10th January 2007. The notice period ended on Sunday, 28th January 2007 and again, even allowing for their odd preference for Sundays, adequate notice had been given.

This is where the documents start to lose any meaning. In a letter apparently dated Monday 22nd January 2007, the ultimatum seems to have been made that, if payment of the arrears was not made by Monday 20th January 2007, a formal demand for the entire debt would be made and a charge of £12 made to the account. That date is obviously wrong; Monday 29th January 2007 would make sense. One can ascribe this momentary silliness to a scanning or transcription error but, if we admit the likelihood of there being an error in one document, how may we be sure of the accuracy or veracity of other documents?

[jon1965]

Re: Default Notices

A question for everyone

I had a loan with I think Morgan Stanley. This became Liverpool Victoria and is now with Hillseden

Now for the interesting bit, the CCA request came back with one between me and LV, all signed and dated although my signature was After their which would suggest they signed it, sent it to me and I signed it.
Now the DN is from Morgan Stanley as is the formal demand for payment.
I am confused