Default notice problem.

[Arms]

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.

[Joanna Connolly Solicitors]

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

[Arms]

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.

[The Tech Clerk]

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??

[Arms]

Late payments markets but a default was never registered with the agencies. Only when the debt was assigned did thus happen.

[The Tech Clerk]

Diana Mayhew interesting how do they stand??

[Arms]

Sorry about the typos.

[Joanna Connolly Solicitors]

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.

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

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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