default notice served, but no pre-default notice?

[SXGuy]

My mother has been sent a default notice saying she was sent a letter regarding the outstanding arrears and failure to pay within 14 days may result in a debt collection agency asking for full payment or arranging a monthly repayment. and a default notice will be served.

It was from an agent acting for barclaycard.

The thing is, after reading your sticky on what is default notices, it says she should have received a pre-default notice first, but it seems she never received this. Nor a letter informing her she was in arrears.

She has an agreement with barclaycard for a £1 a month payment, so its likely this letter was sent as a matter of course without any action, but my question is, do they need to notify you first before they can send that letter?

[garlok]

Re: default notice servered, but no pre-default notice?

Hi SX,

Welcome to AAD!. you say that the account is with Barclaycard and the letter/DN your mother has received has come from an agent. Unless that "agent" is Mercers it is unlikely that communication is actually the default notice. Barclaycard only issue DN's via their own inhouse threat monkeys called Mercers Debt Collection Ltd. This will be a red printed notice headed "Default Notice under S87(1) Consumer credit Act 1974"

Barclaycard consider themselves completely above the law and will operate just how they think fit. This can be their undoing as usually Mercers DN's are defective under the legislation. Don't ever tell them though by repsonding.

Unfortunately they can issue DNs and report the facts to a Credit Reference Agency whilst you are on a DMP. Most creditors will be reasonable, never expect that from anything or anyone to do with Barclays.

To actually offer you the best support can we ask you to have a read here:-

>Unenforceability Diaries - Read me First! - allaboutFORUMS

>Forum Rules Guidelines (Please Read) - allaboutFORUMS

Depending on the circumstances of the account it may well be unenforceable particularly if was taken out prior to April 2007.

It is helpful if you have a read around particularly in the diaries section to see what happens and then set up a diary thread.

regards
Garlok

[SXGuy]

Re: default notice servered, but no pre-default notice?

Thanks for your reply

Yeah it was Mercers, big red writing at the top.

It was just strange to me that they mention its in response to a previous letter she received, but she hasnt actually received a previous letter from them or barclaycard.

She was made aware that paying under the minimum would result in a DN being sent, but was assured it was a matter of course.

To be honest, neither I nor her are that bothered by it, as she will still end up paying what she can afford regardless of what happens as a result of it lol.

I just found it interesting that they refer to a previous letter which never happend, and wondered if it should have, in law before serving a DN.

Anyway, thanks for the advice. Should they deside to take the matter further i will update you with the progress. But as far as i know, they havent yet refused the £1 a month token payment, so it "should" still be the arrangement.

[garlok]

Re: default notice servered, but no pre-default notice?

Hi SX,

All these things are standard template letters that they all put out. The wording is not changed, the computer system has flagged your Mom's account as about time they gave out some grief and the letter was churned out. Tell her not to worry about this and if you want to have a look at the UE route then let us know.

Remember they have no morals and ethics at all and also it is the stance of one of the specialist litigation legal practices that deal with consumers that these are sophisticated financial institutioons who should obey the Law as laid down by Parliament and should they have failed to comply in full with the obligations placed upon them by the Law, then it is perfectly proper that they pay the penalties laid down by Parliament which is forfeiture of all rights and benefits under the agreement they allege exists.

My laymans terms---- no docs---- no pay.

regards
Garlok

[SXGuy]

Re: default notice servered, but no pre-default notice?

Thanks for the reply.

I am currently helping my mother with regards to UE with her MBNA account. We are discussing trying it with them all, but feel we should wait and see what happens with this one first.

So far 3 requests for agreement have been sent, using templates from here, and so far, all she has received in the last 30 days is scare tatic threats, which we have laughed about.

I understand fully that if they can not prove the debt, then they can not enforce it.

If the CCA ever does arrive, which i doubt as its at least pre 2004, i will of course upload a copy here for people to check over.

Thanks for your help regarding the DN.

My mother and I, are aware of the situation happening in the world right now, with people waking up to the corperate giants, there tatics to keep us enslaved, and the "elite" behind the scenes reaping the benifits, and anything we can do to help cripple their fiat based debt, can only help to make a better society for all.

And if UE is the first step in the process, we are ready to go in all guns blazing

[pompeyfaith]

Re: default notice servered, but no pre-default notice?

SXGuy,

They want there alleged money so if they had an agreement they would have sent it on the first request.

So yes start you UE DIARY in this thread:

http://forums.all-about-debt.co.uk/f...splay.php?f=35

Have a look at some of the diaries in that thread and that will give you an idea of the info required and the process this route will take.

Use the funds you are not paying them for something more important like priority debts

Good Luck

Regards

[SXGuy]

Re: default notice served, but no pre-default notice?

Thanks, have just posted a UE diary