Default notice...what do I do now?

monkeyintrouble

Hi all,
After making regular reduced payments to Halifax cc since August, when I first told them I was unable to meet my payments in full, I have had umpteen letters and phone calls, most of which were very patronising and asking for more money, I have now received a default notice. My reduced monthly payments have been made via CCCS since November but Halifax cc still refuse to accept, keep asking for more which I explained as stated in my SOA, I havent got. I even told them this is only a temporary situation as I intend to sell my house and pay off all my creditors in full, albeit not in this present climate, and was only asking for them to accept lower payments until the housing market picks up. I am now a bit worried as I dont know what will happen next. I am having a similar response from MBNA Bank but as yet have not received a default notice. I have a few creditors and most are quite understanding and dont seem to be giving me such a hard time.
Does anyone know what happens next and what I should do?

GeorgeUK

I don't think there is any more you can do if you are in a DMP and making the monthly payments. You have written to them, notified that you are using a debt charity to help with your finances and intend to sell your property. Not sure exactly what more they expect from you.

They may pass the debt on to a DCA who may be easier to deal with, but as long as you keep CCCS notified of any letters or developments, i think that is all you can do. Have they been able to stop interest and charges? Have you tried reclaiming bank and credit card charges?

monkeyintrouble

Thanks, Yes they have stopped the interest but they said on the phone they cant let the debt go on indefinitley and would need a closure date. I did explain that I dont intend to let it go on indefinitley as I am willing to sell my property but if I did that now, I would end up with nothing so wouldnt be able to start again. I think Im being fair and as you say have done everything I can to try and repay the debt.
I just dont know what to expect next.

10past6

Can you post up details of the default notice.

Most times I agree with George, but this time I must diagree with him (No offence George)

Do not inform CCCS about the default notice or any legal action your creditor may take, CCCS / Payplan will not act in your intrest regarding defending yourself if legal action is taken, as many customers have found out.

This is not meant to alarm you, but to prepare you in the event of legal action being taken.

As you have received a default notice, the next step for the creditor is to issue court proceedings to recover there money, once again, do not be alarmed it's a process most creditors go through.

10past6

monkeyintrouble wrote: »

I am willing to sell my property but if I did that now, I would end up with nothing so wouldnt be able to start again.

For yourself and anyone reading this thread, never, ever, ever, give a creditor / DCA information they don't need, it will come back and bit you on the bum.

No matter how fair they may seem, they do not have your intrests / health / personal issues in there mind, all they're intrested in is recovering there money, and they will do whatever it takes to achieve that.

Jvic28

I think I disagree here. I've had debts default and have been recovered by a DCA. No court proceedings have ever been issued (no matter how much they threatened it)

10past6

Jvic28 wrote: »

I think I disagree here. I've had debts default and have been recovered by a DCA. No court proceedings have ever been issued (no matter how much they threatened it)

It depends on how much the debt is for, issuing a default notice gives the creditor the oppourtuinty to commence legal proceedings AT ANY TIME.

Read the wording on the default notice.

GeorgeUK

No offence taken - never had a default notice so never knew that. A little surprised that CCCS won't help with even information of what a default notice might mean or what to do if you require to defend yourself.

I can see the logic behind not providing a DCA with more info that the basics they need - knowledge is power

Still can't advise what monkeyIT can do though.

Jvic28

As far as I can see, there is nothing to do yet. You will have to wait and see what happens next. If it goes to a DCA, then obviously supply them with the same budget etc as you supplied the original creditor with. You still can't pay any more than you already were.

BlueIsTheColour

I have had a few default notices since I started making token payments, as of yet this hasnt altered anything, nothing further has happened, as 10past6 says I think its so they can if they wish later on down the line pursue recovery action via courts if they want to??

Thats just whats happened to me though, I have had them from BCard, Sainsburys, Egg, Amex and M&S:eek:

10past6

GeorgeUK wrote: »

No offence taken - never had a default notice so never knew that. A little surprised that CCCS won't help with even information of what a default notice might mean or what to do if you require to defend yourself.

I can see the logic behind not providing a DCA with more info that the basics they need - knowledge is power

Still can't advise what monkeyIT can do though.

George, I know of 2 cases where CCCS submitted an "admission" when in fact they should have submitted a "Defence" this created great problems for the members in trying to get the judgement set aside.

As for MonketIT, many creditors issue defective DN, if the member has received a defective DN then whatever action the creditor takes following the issue is unlawful.

It's never a good idea to inform the creditor they've issued a defective DN, well, not until it 's to late for them to correct it.