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Default notice advice needed - urgent

PXE35
PXE35 Posts: 22 Forumite
edited 19 July 2011 at 8:31AM in Loans
Hi, sorry for adding urgent to the thread title but after being in hospital for 3 weeks on bed rest trying to stop early labour, i have come home to a pile of letters to find a default notice from my car finance company.

It was dated 1st July 2011 and i have until today to pay £372 which is around 3 months payments equivalent (1 normal payment and the other 2 were from arrears from last year that i was repaying extra each month towards clearing )

The letter shows it's a default notice under section 87(1) of the CCA 1974

I have no problem paying this but can't do so until this Friday which will be 3 working days after the default notice period expires.

I have paid 73% of the total agreement and only missed the payments as i was off sick from work and my sick leave wasn't processed without me realising so my direct debit to the finance company was missed. It has now been sorted by my payroll office and i will be getting the money on Friday with my normal salary

The company are a nightmare to deal with and i can't deal with any stress at the moment but i was wondering if it would be worth ringing them to say the payment will be made on Friday and they can have my card details to take payment first thing.

Are they still likely to take court action for a payment made 3 days late?

Any advice would be gratefully received :)

thanks
I'm going to be a Mummy eeekkk - Baby PXE is due in October :happyhear

Comments

  • Always best to call them. Explain that you have beenin hospital and they should give you some leeway (under TCF principles). 3 days in teh big scheme of things is not a massive problem.

    If they don't, come back and get some more advice!

    btw - who is the company?
    We've spent decades teaching people about their rights, but nothing about their responsibilities.
  • PXE35
    PXE35 Posts: 22 Forumite
    Thank you for the reply :)

    It's MPSA.

    The notice says that they will proceed with court action if payment is not received by today. I'm hoping that they will see sense and be happy to wait for 3 days, especially as it's guaranteed payment.

    I'll give them a call. Fingers crossed.
    I'm going to be a Mummy eeekkk - Baby PXE is due in October :happyhear
  • Tixy
    Tixy Posts: 31,455 Forumite
    Chances of them proceeding with court action are very slim if you pay on Friday.
    What is more likely to be a problem is they may still file the default notice with the credit reference agencies. And if they do that will be on your credit file for the next 6years. If you are calling them then I'd focus on asking them if they can stop the filing of that notice.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • PXE35
    PXE35 Posts: 22 Forumite
    Thanks again for the replies. I've spoken to MPSA and they are ok with me paying on Friday by debit card. I asked for confirmation that the default notice wouldn't be filed and was told it wouldn't if i pay what's outstanding by Friday.

    Feel like i can breathe again now :)
    I'm going to be a Mummy eeekkk - Baby PXE is due in October :happyhear
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