Quickquid Problem

matttye

Daveswindon wrote: »

Hi Matty,

The default letter was only received by myself today via email. Its dated 28/12/12. The two defaults on my file are dated 31/12/12 for the rollover and 01/02/13 for the capital plus interest.

Thanks for your help,

Dave

In The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2006 it was ordered:

"3. In Schedule 2 in paragraphs 3(c), 3(d) and 6 for the words “not less than seven days” substitute “not less than fourteen days”."

http://www.legislation.gov.uk/uksi/2006/3094/regulation/3/made

The original law states only seven days notice before a default are required (http://www.legislation.gov.uk/uksi/1983/1561/schedule/2/made) but the above amendment changes it to 14.

Again, report them to the Office of Fair Trading and ombudsman because it's very illegal to issue a default only three days after they send a default notice.

Make sure you keep a copy of that letter!

Daveswindon

Ok, will sort out a letter reporting them for that in the morning. What about the second default for the capital plus interest, as i never received the letter till today, a full two months after the default was applied.

Also should i inform them i am reporting them?

Dave

matttye

Daveswindon wrote: »

Ok, will sort out a letter reporting them for that in the morning. What about the second default for the capital plus interest, as i never received the letter till today, a full two months after the default was applied.

Also should i inform them i am reporting them?

Dave

Complain about both of them. Say that you didn't receive any notification of the defaults until today, and that you have been trying to make payment arrangements with them but they refuse to provide you with the details so that you can set up a Standing Order. Did you request that by email or in writing? Or if by phone, did you record the call?

If you can prove that they're unwilling to give you their account details you might (stress the word 'might') be able to argue that you would never have defaulted were it not for their unreasonable behaviour and therefore the default shouldn't stand.

Does the default notice they have sent to you refer to the original loan or the rollover? If it refers to the original loan (the one that defaulted in February 2013) then you're not going to be able to argue that the default is invalid because they didn't send the notice in time.

If it refers to the default that was issued on the 31st December then it's definitely invalid.

Daveswindon

I requested it by email.

The default notice lists both the rollover and the original capital plus interest.

Could i argue for the capital default that no notice was given before the default was raised?

Should i inform Quickquid that i am reporting them?

Dave

matttye

Daveswindon wrote: »

I requested it by email.

The default notice lists both the rollover and the original capital plus interest.

Could i argue for the capital default that no notice was given before the default was raised?

Should i inform Quickquid that i am reporting them?

Dave

You can definitely argue that. They need to give 14 days notice at least, not 3.

Yes tell them you're reporting them. Point out the invalidity of the default notice they served on you very late and ask them to remove the default. Say that if you don't receive a satisfactory response within eight weeks you'll be taking it to the Ombudsman. The office of fair trading can't deal with individual cases but still report them, as they will act if they get enough reports.

happy_bunny_2

Have a read through this, should give you plenty of bits to quote at them. If they know you are serious and will report them/ go to FOS then more likely to play fair:

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

ValHaller

Daveswindon wrote: »

I requested it by email.

The default notice lists both the rollover and the original capital plus interest.

Could i argue for the capital default that no notice was given before the default was raised?

Should i inform Quickquid that i am reporting them?

Dave

You need to be canny about this. Really canny and not do the obvious.

While they are wrong to give you a default notice now backdated to 28 December 2012, I assume that you could not pay off the account and come out of default right now.

If you can meet your contract obligations, then pay it all off and argue that the default notice was wrongly applied

If you cannot meet your contract obligations, do not argue about the default notice. Keep a copy of the email and leave it be. The reason is that they are still within time to slap another default notice on you correctly, which will just delay a further 3 months till the default falls off your record.