Would this constitute An Invalid Default Notice?

whizzkid001

Recently received a Default Notice in respect of arrears on our account amounting to £939.60. It states that to remedy the breach, this is the sum required to be paid.


However, 2 days before the Notice was issued, we had paid them £100. Therefore the amount that should have been stated as required to remedy the breach was £839.60 - not £939.60. 2 things strike me:


1) As I understand it, under the CCA 1974 , a default notice must follow a certain format. In particular, if the amount claimed by the credit provider is more than is necessary to remedy the breach, the default notice is defective and invalid. Can someone confirm this is so?

2) The Default notice is dated 23 October, the envelope it arrived in is postmarked 26 October and arrived 28 October - as it says this must be remedied by 9 November, am I right in saying that this does not give the 14 clear statutory days to remedy the breach?

oscar52

Going to give this a bump as you have fallen down the page a bit!

Not an expert, but could possibly argue you were not given enough time - after all there are / have been postal strikes going on. Unless it was sent recorded/special delivery, it could have arrived on 31 October

As for the amount, they could argue this with the fact it MAY take two days for your payment to clear - especially if a cheque payment.

whizzkid001

oscar52 wrote: »

Going to give this a bump as you have fallen down the page a bit!

Not an expert, but could possibly argue you were not given enough time - after all there are / have been postal strikes going on. Unless it was sent recorded/special delivery, it could have arrived on 31 October

As for the amount, they could argue this with the fact it MAY take two days for your payment to clear - especially if a cheque payment.

Except the payment was made to them by debit card...2 days prior to them issuing the default notice. therefore there was no excuse for getting the amount of arrears owed wrong.

oscar52

whizzkid001 wrote: »

Except the payment was made to them by debit card...2 days prior to them issuing the default notice. therefore there was no excuse for getting the amount of arrears owed wrong.

Was this a CC and if so who?

never-in-doubt

23rd October to 9th November is more than the statutory 14 days. You can however make an agreement to pay in which case action is stopped. So offer like £100 per month or something and they will not put the default on but you gotta act quick.

They will use automated systems and your payment can take 3 days to reflect on your account so assuming you paid on 21st October and the notice was dated 23rd this would be reasonable cause. I am not sticking up for the DCA's - far from it, but you're fighting a losing battle IMO. You'd be best to make an offer asap (on the basis no default is registered) - if they then register a CCJ you would be able to set it aside....

whizzkid001

It's not 23 October, the date written on the notice, it's 26 October, the date it was actually sent and is postmarked on the envelope, received on 28 October. There are clearly not the 14 days given from 28 October to 9 November.

never-in-doubt

whizzkid001 wrote: »

2) The Default notice is dated 23 October, the envelope it arrived in is postmarked 26 October and arrived 28 October - as it says this must be remedied by 9 November, am I right in saying that this does not give the 14 clear statutory days to remedy the breach?

So is it dated 23rd or 26th? Either way though, it's still 14 days. It doesn't work 14 days from your receipt but 14 days from issue (i.e. date on the notice).....

Irrespective, you don't have much call to fight the actual notice on the dates, i'd be more arguing that it was issued after you made an agreement therefore it is void.

23rd Oct - 9th Nov = 17 days
26th Oct - 9th Nov = 14 days

whizzkid001

never-in-doubt wrote: »

So is it dated 23rd or 26th? Either way though, it's still 14 days. It doesn't work 14 days from your receipt but 14 days from issue (i.e. date on the notice).....

Irrespective, you don't have much call to fight the actual notice on the dates, i'd be more arguing that it was issued after you made an agreement therefore it is void.

23rd Oct - 9th Nov = 17 days
26th Oct - 9th Nov = 14 days

Perhaps I'm wrong but I believed that it was 14 days from deemed service of the notice, not the date written on it. ie a notice may well be sent 7 days after the date printed on it, that would be an invalid notice since quite clearly you hadn't been given the 14 clear days to remedy.

Since the envelope is postmarked 26 October, and service is deemed to be 2 days for 1st class mail, making 28 October, the effective date for remedy should be 14 days thereafter, ie 11 November - not 9 November as incorrectly stated, no?

never-in-doubt

whizzkid001 wrote: »

Perhaps I'm wrong but I believed that it was 14 days from deemed service of the notice, not the date written on it. ie a notice may well be sent 7 days after the date printed on it, that would be an invalid notice since quite clearly you hadn't been given the 14 clear days to remedy.

Since the envelope is postmarked 26 October, and service is deemed to be 2 days for 1st class mail, making 28 October, the effective date for remedy should be 14 days thereafter, ie 11 November - not 9 November as incorrectly stated, no?

Ok but my point remains - ring them and speak to them about it cos they cannot issue a default if payment arrangements were made before the default notice was issued so the dates are irrelevant in this case - you need to question the actual issuance being payment was made and agreed by the DCA on 21st October, as you say 2 days before the default notice was printed.