Default Notice Question

reformed_man · 13 September 2006 at 12:42PM

I was wondering if default notices have to be renewed by creditors.
The reason I ask is because a year ago I was served with one by Natwest on my Visa card.

This was not a problem as I had just registered with the CCCS who then set up my DMP and included this card. Natwest accepted the arrangement and I have been paying them via the CCCS for about a year now.

Yesterday I received another default notice for the same card. I had always presumed that once they served you one that was it. The notice is identical to the first except that the balance is lower now as they have received payments from the CCCS but the amount in default is much higher.

I have written back to them referring them to their previous default notice and reminding them of the DMP but I'm a bit confused as to why they have sent another one. Are default notices like birthdays - do you get one every year?

sportbeth · 13 September 2006 at 12:59PM

As far as I know you are only able to have a default notice served once - try looking on the information commissioners website for info - unless anyone can point the OP there quicker?

Donedoingdebt · 13 September 2006 at 3:23PM

I'm bumping this as I wish to know too.

file_wizzard · 13 September 2006 at 5:14PM

A default may only be issued once, it may be re-notified or the title to the associated debt transferred / assigned to another party’s ownership, however the original “act of default” can only occur once and be recorded as such, any breach of this is in breach of the data protection act, and not the Consumer Credit Act.

reformed_man · 13 September 2006 at 8:24PM

Well it's definately identical. It doesn't look like a re-notification and begins " We enclose a default notice as your account is in arreas ".

Natwest aren't my favourite creditors either since they refuse point blank to freeze the interest on another account I owe on, despite the fact that all my other creditors have.

Out of interest how does their trying to serve a duplicate default order breach the Data Protection act ? I'd be glad to know as I would take great pleasure in informing them of their transgression!

Mike_St_Helens · 13 September 2006 at 8:26PM

Have you asked them ?

reformed_man · 13 September 2006 at 8:38PM

Mike_St_Helens wrote:

Have you asked them ?

To freeze the interest ? Many times.
Why they've issued a duplicate? I've written to them and am waiting for their reply.
How they are breaching the DPA ? They have enough trouble working out what the DPA is, without expecting them to know when they're breaching it.

Mike_St_Helens · 13 September 2006 at 8:47PM

reformed_man wrote:

To freeze the interest ? Many times.
Why they've issued a duplicate? I've written to them and am waiting for their reply.
How they are breaching the DPA ? They have enough trouble working out what the DPA is, without expecting them to know when they're breaching it.

Sorry, Had you asked them (- call em), why they have sent you 2x Default notices. The thing is they can issue a default notice, and then you make an arrangement... you then are no longer in default as such. If you miss a payment or reduce the payment then they can issue another default notice....

What DPA are they breaching? This is the Date Protection Act - They would only be breaching this if they were telling others about your actions without your consent.

If they have not frozen interest, I would have thought CCCs would have negotiated this for you.

Mike

reformed_man · 13 September 2006 at 9:33PM

" Sorry, Had you asked them (- call em), why they have sent you 2x Default notices. The thing is they can issue a default notice, and then you make an arrangement... you then are no longer in default as such. If you miss a payment or reduce the payment then they can issue another default notice...."

The default notice is identical to the original issued one year ago apart from the balance and the amount in default. I have written to them and am waiting for their reply. I refuse to speak to them on the phone as on the few occasions I have called collections departments in the past I have always encountered individuals who appeared to have been " upgraded " by the Cybermen.

This card had the interest frozen after the CCCS arranged my DMP which has always been paid every month without fail. They have always received the payment they agreed and that has never been a problem .

What DPA are they breaching? This is the Date Protection Act - They would only be breaching this if they were telling others about your actions without your consent.

I have no idea but file_wizzard mentioned this in a reply above and I was just curious for more info.

If they have not frozen interest, I would have thought CCCs would have negotiated this for you.

The account which they will not freeze the interest on is not the one they sent the duplicate default notice for. The CCCS advised they can only ask the creditors to freeze interest but if they refuse there is not much they can do.

When I get a reply about the duplicate default notice I'll let y'all know as soon as Mr Postman does his stuff!

file_wizzard · 13 September 2006 at 9:37PM

reformed_man wrote:

Out of interest how does their trying to serve a duplicate default order breach the Data Protection act ? I'd be glad to know as I would take great pleasure in informing them of their transgression!

The principals of the DPA which relate to this are as follows, and are normally the guidance presented to a court as part of a case where either party feels the processing has been unlawful and they seek a determination or compensation in relation to a DPA S.10 or S.13 claim.

Overriding principals of the DPA; (schedual 1)

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. personal data shall be accurate and, when necessary, kept up to date

Within the general terms of the DPA the re-recording ( i.e registering twice for the same debt) or amendment of original default date is not permissible.

The above will only pertain to the registering of a default notice which has been issued in compliance with S.76 (1) or 88(1) of the Consumer Credit Act, a creditor can write to you for as many time’s are you default on an subsequent arrangement, but a S.76 notice directly relating to the default of a CCA agreement can only occur once

Default Notice Question

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