Default Notices - Updated Information!

[Paul.]

Re: Default Notices - Updated Information!

does this apply to all default notices now i.e must state a date not number of days???

its arguable that it should for every agreement regulated by the 1974 act

[Never-In-Doubt]

Re: Default Notices - Updated Information!

Niddy made recent comments about this yesterday I think it was.

Here mate: ---> DN date calculation - allaboutFORUMS

[Paul.]

Re: Default Notices - Updated Information!

id also point out the COA declined to make a definitive ruling, on the period for service, thus it turns on the facts of your case really and when you recieve the notice

[Never-In-Doubt]

Re: Default Notices - Updated Information!

its arguable that it should for every agreement regulated by the 1974 act

arguable being the operative word here.....

* I also responded saying all DN's as I also consider it to mean all of them, but some try it on and try and say only after the change in regs

[greymatter]

Re: Default Notices - Updated Information!

Wow
So as a start point it looks as though its UE,do you agree?

[jon1965]

Re: Default Notices - Updated Information!

Niddy
Is the Default Notice database still for your eyes only or would I need to edit them first. The ones I am thinking about aren't actually relevant at the moment cos they are still in default of the CCA request.

But..if the agreement is enforcable but the DN is incorrect , does that make it UE?.
You know I get confused

[Paul.]

Re: Default Notices - Updated Information!

Niddy
Is the Default Notice database still for your eyes only or would I need to edit them first. The ones I am thinking about aren't actually relevant at the moment cos they are still in default of the CCA request.

But..if the agreement is enforcable but the DN is incorrect , does that make it UE?.
You know I get confused

no if the default is bad it doesnt make the agreement unenforceable per se,

What it does is procedurally bars the creditor from taking the steps in s87(1) CCA

so he cannot enforce but the underlying agreement may well remain enforceable

[jon1965]

Re: Default Notices - Updated Information!

Thanks Paul
I have a default from Vanquis , sad to say the agreement is enforcable because it is post 2007 and also done online. The default notice is quite different. Is there any hope or do I just give in on that one?

[PriorityOne]

Re: Default Notices - Updated Information!

so he cannot enforce but the underlying agreement may well remain enforceable

Are you talking about a stalemate sitauation? If it can't be enforced, then surely it becomes unenforceable on that basis?

[transformer999]

Re: Default Notices - Updated Information!

Thanks Paul
I have a default from Vanquis , sad to say the agreement is enforcable because it is post 2007 and also done online. The default notice is quite different. Is there any hope or do I just give in on that one?

Hi jon I believe you and I may have the same kind of DN by Vanquis. I have attached a copy of mine...

[Paul.]

Re: Default Notices - Updated Information!

Are you talking about a stalemate sitauation? If it can't be enforced, then surely it becomes unenforceable on that basis?

no not really, the arrears (if the lender can specify them) are recoverable with a bad notice arent they, its not like a s78 breach where the lenders rights are suspended in my view

[jon1965]

Re: Default Notices - Updated Information!

Hi jon I believe you and I may have the same kind of DN by Vanquis. I have attached a copy of mine...

Hi mine is exactly like the first one (DN1).
Not got the second although I have to admit I was not terribly good at keeping all the paperwork

[Never-In-Doubt]

Re: Default Notices - Updated Information!

Hi jon I believe you and I may have the same kind of DN by Vanquis. I have attached a copy of mine...

well option 1 is bad - I didn't open the second

[jon1965]

Re: Default Notices - Updated Information!

Sorry Niddy, what does that mean in real terms.......

[Never-In-Doubt]

Re: Default Notices - Updated Information!

its crap

Does it comply with s.88? You tell me....

---> Consumer Credit Act 1974 | s.88 CCA1974

88 Contents and effect of default notice.

(1)The default notice must be in the prescribed form and specify—

(a)the nature of the alleged breach;

(b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

(c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2)A date specified under subsection (1) must not be less than [14] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [14] days have elapsed.

(3)The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [14] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4)The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [and any other prescribed matters relating to the agreement].

[(4A)The default notice must also include a copy of the current default information sheet under section 86A.]

(5)A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.