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  • Default notice problem.

    I have a problem with 2 default notices being issued for the same credit card by the Cooperative bank. One was issued back in August 14. I subsequently received a termination notice in mid September 14. The Coop however issued another 87(1) default notice in Nov 2015 . I have not acknowledged the debt or made any payment since April 2014. Which default notice counts for Statute Barred purposes. Both are identical in wording except for the default amount. The Coop subsequently sold the debt to Link financial. Any help would be appreciated.

  • #2
    Hello

    May I first ask about the current situation with Link Financial - when was the debt assigned to them, and are they chasing you at the moment or threatening any legal proceedings?

    Obviously the date of the Default Notice is relevant, but whether the DN was defective in any way could also be an issue.

    Perhaps the Co-Op issued the second DN over a year after the first one because they realised the first was defective. The date of the account termination appears to have been between the two DNs though.

    Perhaps both are/were defective.

    A little more information would be useful so as not to jump to the wrong conclusions.

    Either way from what you say the debt is unlikely to be Statute Barred until August this year (unless you live in Scotland).

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    • #3
      Thanks for the quick reply.

      Link and the Coop sent me a goodbye and hello letter together in July 2017, the debt being assigned on the 01/06/17 Link have been marking the account as defaulted since Aug 2017. The Coop hadn't been recording the default with the credit agencies. At the moment it is all quite as regards Link, except for the occasional statement. This account dates back to 2000. The Coop never threatened legal action and just kept passing the debt to different DCAs.

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      • #4
        CO-OP have never entered / issued a default notice??? if not seems yo me that abuse of the system being afforded by some companies, even in the past a default had to be issued within a time limit save as to a never ending threats else??
        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
          Late payments markets but a default was never registered with the agencies. Only when the debt was assigned did thus happen.

          Comment


          • #6
            Diana Mayhew interesting how do they stand??
            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
              Sorry about the typos.

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              • #8
                Originally posted by The Tech Clerk View Post
                CO-OP have never entered / issued a default notice???

                The OP's issue is that the Co-Op have issued two Default Notices

                What they're seeking to discover is which DN would be applicable to their Statute Barred status.


                Originally posted by Arms View Post
                I have a problem with 2 default notices being issued for the same credit card by the Cooperative bank. One was issued back in August 14. I subsequently received a termination notice in mid September 14. The Coop however issued another 87(1) default notice in Nov 2015 . I have not acknowledged the debt or made any payment since April 2014. Which default notice counts for Statute Barred purposes. Both are identical in wording except for the default amount.

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Originally posted by Arms View Post
                  Late payments markets but a default was never registered with the agencies. Only when the debt was assigned did thus happen.

                  What is the Default date on your CRA file?

                  Link can report the Default once they own the debt, but they have to report the correct (historical) date not a new date.

                  From what you say you didn't make any further payments to the Co-Op after the first DN (unless I've misunderstood).

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Originally posted by Arms View Post
                    I have a problem with 2 default notices being issued for the same credit card by the Cooperative bank. One was issued back in August 14. I subsequently received a termination notice in mid September 14. The Coop however issued another 87(1) default notice in Nov 2015 . I have not acknowledged the debt or made any payment since April 2014. Which default notice counts for Statute Barred purposes. Both are identical in wording except for the default amount. The Coop subsequently sold the debt to Link financial.

                    Why did the amount due change between the first DN in August 2014, and the second DN in November 2015 which was after the account had been terminated in September 2014?

                    Were interest and charges being added before or after the Termination?

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment

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