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  • #1

    Default terminology/timeline

    Hi
    Here i go again thinking too much

    Can someone explain the DN flow chart
    I thought it was notice of
    default/default notice........default.......termination

    What confuses me is this, I received a Default notice from MBNA, just as i expected , headed DN as per CCA etc etc etc, once the dates had expired i swiftly got a default recorded on my credit file but never received a termination notice so my assumption is, a DN was received, I failed to fix it so I was defaulted but the account has not been terminated

    Now from Vanquis I received a letter from Impact saying pay up or a notice of default will be sent, then I got thisVanquis DN.doc
    On my credit file I was not defaulted until jan 2012

    Is it just phrasing or is this wrong?

    Finally once defaulted and stuck on your file, can you be defaulted again?
    Tags: 1st, 1st class, 2nd, 2nd class, account, act, action, benefit, breach, cca, class, consumer, consumer credit act, credit, date, default, default notice, defaulted, enforcement, failed, fine, friday, information, law, legal, legal action, letter, letters, mbna, oft, paid, pay, problems, record keeping, reference, threats, wrong
  • #2
    Re: Default terminology/timeline

    I don't know too much about DNs but I do know that you can only be defaulted once on each account.
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    • #3
      Re: Default terminology/timeline

      Another lesson learned.
      This is not the only situation where good record keeping would have been of benefit

      Comment

      • #4
        Re: Default terminology/timeline

        They can send more than one DN, but you can only be defaulted on your credit record once. They do not have to terminate after a DN.

        September 9th was a Friday, so you would not have expected to receive it until Tuesday 13th if posted 1st class, so 20 days would be OK. However if posted 2nd class it is borderline, and probably would fail that test.

        Even if the time line of 20 days is OK, there is a prescribed format for a s87 Default Notice, and they have not complied with it in any shape or form. There are certain phrases and emboldened words which have to be included.

        Also they have not included the OFT information, or indeed any reference to it.

        Even if you had paid the £144.77, your account would still have been in default because you would still be over the limit.

        I am sure others will find more problems with it, but in my opinion, this DN is defective.

        Alan
        Last edited by alangee; 31 May 2012, 09:25.

        Comment

        • #5
          Re: Default terminology/timeline

          Thanks FP and Allan.
          I have posted on the secure section as well and Paul thinks there should have been another page as well, but I am not so sure.
          You are right of course that the requested payment would not have remied the breach and as it was in 2011 I can say hand on heart I did not make that payment.

          I have also just read a nice little thread OTR and it helps.
          Should they go down that route I can defend and request all the relevant paperwork without having to pay ten quid.

          FP I am now keeping all letters and scanning them as well, but general threats etc I do not keep the envelopes, would you advise that i do that as well

          Comment

          • #6
            Re: Default terminology/timeline

            Originally posted by jon1965 View Post
            Hi
            Here i go again thinking too much

            Can someone explain the DN flow chart
            I thought it was notice of
            default/default notice........default.......termination

            What confuses me is this, I received a Default notice from MBNA, just as i expected , headed DN as per CCA etc etc etc, once the dates had expired i swiftly got a default recorded on my credit file but never received a termination notice so my assumption is, a DN was received, I failed to fix it so I was defaulted but the account has not been terminated

            Now from Vanquis I received a letter from Impact saying pay up or a notice of default will be sent, then I got this[ATTACH]4617[/ATTACH]
            On my credit file I was not defaulted until jan 2012

            Is it just phrasing or is this wrong?

            Finally once defaulted and stuck on your file, can you be defaulted again?
            Jon, the one from Vanquis is not a Default Notice. so forget that one

            Comment

            • #7
              Re: Default terminology/timeline

              Thanks FV I realise that now, not sure if that was the only thing in the envelope. However when I was looking OTR a certain fine gentleman had written an excellent letter at the point of legal action being commenced

              Comment

              • #8
                Re: Default terminology/timeline

                This may explain a bit.

                By Section 88(1) of the Act the default notice must give the date by which the default can be remedied.

                By Section 88(2) of the Act (as amended by s14(1) of the Consumer Credit Act 2006 as from 01 October 2006) that date must not be less than 14 days after the date of service of the default notice.

                The 14 days period is also required by paragraph 3(c) of Schedule 2 of the Enforcement Regulations (as amended).

                s7 of the Interpretation Act 1978 a posted document is deemed to have been served at the time when it would have been delivered in the ordinary course of post.

                By case law 14 days in the section means 14 "clear days"

                Comment

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