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  • #1

    Help with Default Notice

    Hiya, a bit of help please, I know that a DN should show the arrears and date to rectify, but can't understand this.

    10/1/12 CC Statement. Balance. £8740.27. Minimum payment rqd. £1363.88
    10/1/12. Notice of Arrears. Balance £8740.27. Arrears. £1164.88
    10/1/12. Default Notice. Balance. £8740.27. Arrears. £ 965.88

    There is 3 different figures given, I thought that they should all be the same.
    Also on the DN it states that I have breached clause. 1&8 of the terms of my agreement But agreement only has clauses 1 to 3 so that's confusing as well
    Any advise please. Thanks
    Tags: action, arrears, breached, card, card companies, cca, cca request, ccj, companies, con, cra, credit, credit card, date, dca, debt, default, default notice, defaulted, failure, fine, health, help, increase, letter, mat, no cca, payments, phone, rac, rate, safe, stay, unfair
  • #2
    Re: Help with Default Notice

    Clearly have it very messed up, but that can only be to your advantage, so keep all that very safe incase you need 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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    • #3
      Re: Help with Default Notice

      SXGUY Thanks for your reply. Any chance you could explain exactly what is wrong cos I'am not sure

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      • #4
        Re: Help with Default Notice

        the arrears differ, and the DN refers to paragraphs omitted from your agreement.
        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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        • #5
          Re: Help with Default Notice

          Originally posted by SXGuy View Post
          the arrears differ, and the DN refers to paragraphs omitted from your agreement.

          Thanks SXGuy, So would you say with the above and their failed to comply with my CCA request it would be possible to get the default removed from CRA

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          • #6
            Re: Help with Default Notice

            A DN and a CRA default are different things. If you have defaulted on payments then there is a default registered which will be very difficult if not impossible to have removed. Failure to supply CCA is a problem for enforcing a debt, but not proof that it didn't exist.
            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

            • #7
              Re: Help with Default Notice

              Thanks Cymruambyth , I'am all jumbled up with this, so annoyed that this started as a complaint about their continuous rate hiking, all the years I had the credit card I never missed or had a late payment, and through that one phone call I ended up with a default which has had a knock on effect on my credit. I'am suffering from a serious illness and they offered to help and unfortunately I took it and they then go and slap me with a default. In hindsight, I wish I'd been a bit more clued up, stood my ground and insisted that I wasn't accepting another rate increase and that they closed my account. They said as I was vulnerable they didn't want to add to my stress and like a fool I believed them,
              That's a laugh had a permanent headache since. Wish I'd found AAD before all this happened, all the people here are kind and very helpful
              I've stopped paying them now and sent for CCA. It's a year on and nothing from them yet, hope it stops like that.
              Thank you all

              Comment

              • #8
                Re: Help with Default Notice

                I am so sorry to hear of your ill health. I think many of us wish AAD had started earlier, I certainly would not have made so many mistakes and would probably be in a lot stronger position financially. Now you have us you will get help, though not always instantly! Don't forget to look at some of the non debt areas as these can be a distraction from everything.
                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: Help with Default Notice

                  Sorry to hear your not well. You must stay positive.

                  A year on and no CCA, that's good news. They cant enforce while this remains outstanding, they will most likely pass the debt on to someone else, and the merry go round will continue. You will be fine!

                  Im afraid its unlikely you would get them to remove the default even if you feel they mislead you. Sometimes credit card companies will tell you to miss a few payments so they can default you, before they will agree a reduced payment. Although that's unfair, that's how it works.

                  The good news is, that now you have been defaulted, the entry will be gone from your credit file in 6 years time no matter how you proceed forward with this.

                  But for now, the best thing to do, is to let us know everytime you get a new letter from them or someone on their behalf and we can advise you on what to do next. But for the meantime, stay strong, and do not offer them anything.

                  A defective DN is good news for you, if they ever try to obtain a CCJ, but don't stress about this for now, there are plenty of things we can do if it looks like its heading that way.

                  Take a look at some of other peoples threads it may put you at ease a little.
                  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

                  • #10
                    Re: Help with Default Notice

                    Hiya SXGUY , Thank for your advice and will try to stay positive, keep telling myself " over ya head girl " but OMG it makes my blood boil.
                    What they said was if I supply medical evidence from my doctors and if it fell into their. SPECIAL CONDITIONS they would freeze the interest but I would continue to make payments of £ 80 pm. All went well for a few month then got letter from some JOBSWORTH saying they had looked at my account and unfortunately paying £80pm wouldn't clear my debt in 5 years so had to now default me. I phoned and asked what the hell was going on. Reply seemed to be READING OFF A SCRIPT, Coudn't be bothered with this, so contacted complaints dept, Apologised but default would stay, but gave me a written guarantee that no further action would be taken against me and my account would NOT BE SOLD or passed to a DCA. . Well after their other empty promises that remains to be seen.
                    Oh well SHIT happen's. Just gotta get on with it

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