default notice please help!!!!!

Ames

When did you take the loan out?

kittiej

Leese this is v important, when did you receive the DN? What date?

Do you still have the envelope as it has markers on from the PO?

Just to edit*

I make it that even if you received your DN on the 20th then it's invalid as it has to allow 14 WORKING days.

Can someone else have a look pls and work it out as I've had a drink LOL

leese2504

hi

first of all thanx so much everyone for replying.

The loan was taken out in 2008.

What I dont want to happen is them default me and then chase me for the 5k.

I have £300.00 available to clear my arrears, what I dont have is the letter charges which total nearly £200.00!!!

Do I have time to dispute the charges to stop the default going ahead? The reason I am disputing the charges is:

When I became behind with the 2 payments I logged onto my online creation account and there was an option to make an arrangement to clear the arrears, i chose to pay the arrears over 3 monthly payments starting from 02/08/10, I printed the confirmation out which shows the agreement had been set up. Since this agreement was set up they fired out letters left right and centre charging me each time. latest being £100.00. Therefore I believe these charges are unfair and possibly even illegal? What do u guys think? And where do I go from here? thankx xx

leese2504

BUMP anyone?

kittiej

If it were me I'd continue to pay whatever the agreement says that you set up.

I would also ignore the charges, but like I said, that's me

Ames

If I were you I'd pay the arrears. If they then default you for the charges, then complain to the FSA and Ombudsman to get it taken off. In fact, complain anyway because those charges are insane!

spursfan14

I would advise that you never communicate to your creditors via email. It is best to send letters by registered post and keep a copy for your own records. By their very nature, the worst ones can be slippery, so if you can have 100% proof of all correspondance, it puts you in a much stronger position.

mr.ton

DVardysShadow wrote: »

Form previous posts I believe I would be correct in saying that you are not concerned about yours.

I appreciate that many will shoot me down & disagree with me for saying this...........but i would go so far as to say that credit files/ratings are not actually worth the paper they are printed on in this country.

leese2504

thanks everyone.

Just to update you all. I have written a very long letter titled LETTER OF DISPUTE.

I have pointed out in the letter that I have not defaulted on the agreement as an arrangement to pay was setup via my online account with them. I have pointed out that I will only accept the letter charges PRIOR to the set up of the arrangement and expect the unlawful charges after that to be removed. I have pointed out in the letter that should they persue court action I will defend the claim as they have broken their agreement with me. I have enclosed the proof of the online arrangement I made ( printout from my creation online account ) which clearly states my agreement number, the date arrangement was made and what the arrangement is ) I have emailed, faxed and posted ( registered post ) this letter. Fingers crossed everyone

DarkConvict

The problem is by getting into arrears you have defaulted, you need to clear the arrears before the default notice is served and the time is up to correct the account (28 days).

The most they can charge is £12 late fee per month. They cannot charge for sending you letters unless this is expressly stated in your contract, but even then its bound to be unlawful and disputable with the FOS.