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  • #1

    Does this look like a valid Default Notice to you?

    The FOS staff member looking at my complaint against Barclays sent me a pdf of this letter today, which I have never seen before incidentally, and told me that this was their default notice for my overdrawn account...



    Now for starters, that looks to me like a Termination Notice, not a Default Notice (the clue is in the title). I thought a Default Notice was supposed to contain a deadline of the form "If you do not do ABC within two weeks [or other set period of time] from the date of this letter, we will do XYZ." I checked the law on this and found Schedule 2 of The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 at http://www.legislation.gov.uk/uksi/1...chedule/2/made Now I am not a lawyer, of course, but there seem to be some quite tight regulations on what constitutes a default notice. And if we go by that, this isn't a valid default notice as far as I can see. Unless of course the fine legal minds on here know different...

    Plus I never actually received this notice anyway, due to Barclays playing silly buggers with my address (the main body of my FOS complaint).

    The reason I'm raising this is that I'm about to pay off this piddling amount (now that I've been back in work for quite a while - it wasn't a sum I could afford to pay off when I was on JSA) in order to start rebuilding my credit. As things stand, the default will of course stay on the CRAs' files with a "satisfied" marker. But my next port of call is going to be the CRAs to argue that the default is void because a valid Default Notice was never served, following this advice on Experian's own website: http://www.experian.co.uk/consumer/q...kjames282.html
    Tags: accounts, address, advice, barclays, breach, cca, con, consumer, cras, credit, date, deadline, debt, default, default notice, defaults, enforcement, experian, files, fine, fos, ico, jsa, law, legal, legislation, letter, order, overdrafts, pay, questions, see., staff, stay, website, work, wrong
  • #2
    Re: Does this look like a valid Default Notice to you?

    Obviously not a default notice - the word default doesn't appear anywhere.

    Don't know enough about Current accounts / Overdrafts to comment, but obviously that letter should have been sent to you.
    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.

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    • #3
      Re: Does this look like a valid Default Notice to you?

      While it most definitely isn't a default notice it is a termination notice issued under s.76(1) and 98(1) and unfortunately they can do that providing that there is actually a term in the agreement allowing for this, be it an OD or Credit Card. However I think they should have specified under which term. Did they give the required 7 days notice?
      Form of Termination Notice: http://www.legislation.gov.uk/uksi/1...chedule/3/made

      This was one of the side issues in Amex v Brandon, whereby once the DN was established as faulty Amex tried to switch to the termination clause, but the view was that as they'd issued the claim on the basis of the DN they were stuck with it. They couldn't fall back on termination anyway as they hadn't issued a TN under s 76(1) etc.

      Sorry if that's not what you wanted to hear Evilcartman, it's the FOS's mistake in describing it as a Default Notice.

      Elsa x

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      • #4
        Re: Does this look like a valid Default Notice to you?

        Agree with Elsa in that it's a sort of termination. So if no DN has been issued, they can't enforce whilst the breach remains. But the above is 100% a termination notice.

        With respect to this

        The reason I'm raising this is that I'm about to pay off this piddling amount (now that I've been back in work for quite a while - it wasn't a sum I could afford to pay off when I was on JSA) in order to start rebuilding my credit. As things stand, the default will of course stay on the CRAs' files with a "satisfied" marker. But my next port of call is going to be the CRAs to argue that the default is void because a valid Default Notice was never served, following this advice on Experian's own website: http://www.experian.co.uk/consumer/q...kjames282.html
        I'd not waste your time. You have no legal right to argue. They don't need to issue a DN to add one with the CRA's!! They are entirely different. Experian aren't always right. Certainly not when it comes to defaults. The ICO still get it wrong.

        See this -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974
        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!

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        • #5
          Re: Does this look like a valid Default Notice to you?

          They can't enforce now anyway, as it's been paid in full today. In fact, I overpaid by 1p just to inconvenience them a little.

          I've been in full-time work for over a year now and want to start rebuilding my credit worthiness. The amount involved is a piddling amount in my current circumstances, although it was something I couldn't afford to repay a couple of years ago. The brilliant tactics suggested to me by this forum did keep that particular wolf from the door during my darker days and I'm very thankful for that.

          I want to argue the toss with Experian et al about the DN not being valid, but I'm not that worried about a "satisfied" marker being on there if I can't get the default removed. The more serious black mark on my file will be the default on the unenforceable Egg card which goes SB in two years' time. In the meantime, is the time right to start looking at applying for low status cards like Capital One etc or should I wait for the Egg card to be SB?

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          • #6
            Re: Does this look like a valid Default Notice to you?

            Try looking here http://forums.all-about-debt.co.uk/f...Adverse-Credit for ideas on checking whether you would get a capital one card. There is another thread detailing applying for CCs and I will post the link when I find it!
            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.

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            • #7
              Re: Does this look like a valid Default Notice to you?

              And look in this section as well. Good luck.
              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: Does this look like a valid Default Notice to you?

                So I finally got a statutory credit report from Experian and that particular account doesn't even show up on the file, let alone the DN for it! I'll look at Equifax next but I thought Barclays used both?

                There's all kinds of weird stuff on there, such as zillions of searches by insurance companies (I have used comparator sites in the past but visited none so far this year). They have also linked two London addresses that I did stay at between the previous owner-occupied house and this one, so keeping a low profile was indeed a waste of time.

                So the only blemish showing on my account is the DN for the UE card. That goes to SB in two years. I think applying for a low status card is worth a shot.

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