Default Notice Section 87(1)

worried-me

Hi All,

been a while since I was here as last year I got reduced payment plans on all my debts and kept to them nicely and all was well under I received the above yesterday for one of my debts I am still paying the agreed amount on! When I phoned them they told me agreement had ended in Jun (I received nothing).

I will of course send my updated SOA and the same offer (as I can not afford any more) but am looking for some assurance. It is my understand that the above notice is not an order to go to court but trying to scare me into paying at least 3K I do not have etc.

It is also my understanding that this order does not mean they can send bailiff's round or take my house and they can only send bailiff's round if I default on court CCJ's which they must apply for after this default notice ?!?!? Therefore at this stage there are no CCJ's so they can not send bailiff's ?

Also they told me that want proof of wage slips, bank statements and other debtors etc and a simple SOA will not do - is this right - I only ask as I now also have an O/D!!!! I KNOW!!! which I did not have before but as I have not defaulted on this it is it not on my SOA but would show on my bank statements.

I am sure I am panicing about nothing but can anyone shed some re-assurance (or put me rigt if I am deluding myself!)

fermi

worried-me wrote: »

It is my understand that the above notice is not an order to go to court but trying to scare me into paying at least 3K I do not have etc.

A default notice is required before the creditor can end the agreement and demand earlier repayment of the debt. One needs to be issued before the creditor can go to court, but it doesn't necessarily mean they are about to.

It is also my understanding that this order does not mean they can send bailiff's round or take my house and they can only send bailiff's round if I default on court CCJ's which they must apply for after this default notice ?!?!? Therefore at this stage there are no CCJ's so they can not send bailiff's ?

Correct.

Also they told me that want proof of wage slips, bank statements and other debtors etc and a simple SOA will not do - is this right - I only ask as I now also have an O/D!!!! I KNOW!!! which I did not have before but as I have not defaulted on this it is it not on my SOA but would show on my bank statements.

You do not have to provide personal documentation like that if you don't want to. Personally I wouldn't, but it is up to you.

Hope that helps.

The default notice is perfectly normal, and stick to your guns regarding what you can genuinely afford. If they go to court after that, then at least you show that you have dealt fairly with them.

sam89

Hi worried me,

Can I ask who the creditor is?

I got a default notice yesterday from Capital One after paying our DMP for almost a year. I have a feeling it's a pre-cursor to them selling the debt but if they want to go for CCJ thay can go ahead :mad: . Any judge can see that we, like you, are sticking to a payment schedule and have every intention of paying the debt.

I've filed the default and will wait to see what happens next , I'll let you know.

Good luck,
Sam,
x.

worried-me

fermi - many thanks for putting my mind at ease

sam879 - you state you have filed your default notice - is this with court - should I be doing something with it ?

fermi

worried-me wrote: »

fermi - many thanks for putting my mind at ease

No problem.

worried-me wrote: »

sam879 - you state you have filed your default notice - is this with court - should I be doing something with it ?

A default notice has nothing whatsoever to do with a court. I presume sam879 meant that they had filed it with their other paperwork.

Now a default has been issued, it is possible that the creditor will pass the debt on to debt collectors. If that happens, remember that they have no real powers. They made lots of threats and try to mislead you about what they can do, but ultimately they cannot do anything more than the original creditor could.

sam89

fermi wrote: »

A default notice has nothing whatsoever to do with a court. I presume sam879 meant that they had filed it with their other paperwork.

Now a default has been issued, it is possible that the creditor will pass the debt on to debt collectors. If that happens, remember that they have no real powers. They made lots of threats and try to mislead you about what they can do, but ultimately they cannot do anything more than the original creditor could.

Fermi is absolutely right, I filed it with all my statements etc. Tempted to put it in the file marked "bin" but didn't . My credit score is so bad anyway another default is really not relevant :rolleyes: .

As for debt collectors, GE Money passed my debt to CL Finance (debt collectors) and they have been absolutely fine. Received a letter telling me they had taken over the debt and to continue with the payments and I get a statement every month, no interest or charges! So they're not all bad, hopefully Capital One will pass it to someone similar .

Hope this helps a bit,
Sam,
x.