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72k in debt....I feel sick

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Comments

  • 10past6 wrote: »
    I've had another look at that default notice, it's showing the exact amount of your balance, down the bottom, you need to edit it off.

    so sorry to be a thicko but why do I have to edit it off?
    "happiness is...positive cashflow!":j
  • 10past6
    10past6 Posts: 4,962 Forumite
    MMD

    The following paragraph is what the OFT state when a creditor issues a default notice:

    6.3 The date specified in the notice must be not less than 14 days after the date of service.

    As you can see it states 14 days AFTER service, so the letter is dated 13th and they've given you until 27th to fix it, that's not 14 days because you have to allow for postal delivery, so they're in breach of OFT.

    Unless of course, you received the letter the day it was printed, but then they would have to prove that.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    so sorry to be a thicko but why do I have to edit it off?
    It's OK, I forgot it was via PM.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    does this mean 78p as stated on the default notice ?
    This is very important, whatever they say was in arrears on that default notice, then that's all you have to pay.

    If it's £0.78p then that's all you have to pay, but I cannot see them issuing a default notice for £0.78p, however, they may have made a typing error, tuff on them they should be more careful.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • thankyou so much for your advice tonight 10past6.I really appreciate you taking the time to help me out.

    Do I need to get hold of the OFT guidelines for the hearing?
    "happiness is...positive cashflow!":j
  • 10past6
    10past6 Posts: 4,962 Forumite
    Do I need to get hold of the OFT guidelines for the hearing?
    Yes, you need to print off what relates to you and where they've c*** up by not following the correct legal legislation.

    Remember what I said earlier, don't rely on the judge being up to date with consumer law.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • ok i will do that tomorrow morning. thankyou again-i was feeling very down earlier about it all but you have really helped me :T
    "happiness is...positive cashflow!":j
  • 10past6
    10past6 Posts: 4,962 Forumite
    You have to submit a defence to the court 7 days before your hearing, only then send a copy to the other side.

    Do not inform them until you send your defence where they've c*** up.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • hi

    i have just been reading your thread all the way thro

    good luck with every thing

    just paid my MBNA off and they was as nice as pie!!!!!!!!!!!!!!!


    all the best will be watching to see how you go

    all the best

    p.s i work of a bank and they are f****rs ;)
  • does anyone know where I can find OFT guidelines for my case? thanks!
    "happiness is...positive cashflow!":j
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