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  • FIRST POST
    • Gmod
    • By Gmod 13th Mar 18, 11:44 AM
    • 10Posts
    • 0Thanks
    Gmod
    Undated default notice
    • #1
    • 13th Mar 18, 11:44 AM
    Undated default notice 13th Mar 18 at 11:44 AM
    Please can someone help?


    I recently received a default notice from virgin media. it says I need to pay within 14 days, but the default notice was not dated.


    Is this a breach of the Consumer Credit Act? Does this invalidate the default notice?


    Thanks in advance
Page 1
    • zx81
    • By zx81 13th Mar 18, 11:45 AM
    • 17,287 Posts
    • 18,403 Thanks
    zx81
    • #2
    • 13th Mar 18, 11:45 AM
    • #2
    • 13th Mar 18, 11:45 AM
    No. But if you need a dated copy, ask them to supply one.
    • Tarambor
    • By Tarambor 13th Mar 18, 4:46 PM
    • 3,071 Posts
    • 2,223 Thanks
    Tarambor
    • #3
    • 13th Mar 18, 4:46 PM
    • #3
    • 13th Mar 18, 4:46 PM
    Is this a breach of the Consumer Credit Act? Does this invalidate the default notice?
    Originally posted by Gmod
    No. In fact they don't need to send a default notice at all to put a default on your account. This is more like a "you have defaulted on your payment, pay us within 14 days or we'll escalate" letter.
    • Gmod
    • By Gmod 20th Mar 18, 1:08 PM
    • 10 Posts
    • 0 Thanks
    Gmod
    • #4
    • 20th Mar 18, 1:08 PM
    s.88
    • #4
    • 20th Mar 18, 1:08 PM
    Consumer Credit Act s.88 says this:


    Contents and effect of default notice.


    (1)The default notice must be in the prescribed form and specify—
    (a)the nature of the alleged breach;
    (b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
    (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.


    My interpretation is that the failure to date the default notice means it falls foul of s88.


    Am I reading it wrong?


    Thanks in advance
    • Gary_Dexter
    • By Gary_Dexter 20th Mar 18, 1:19 PM
    • 1,331 Posts
    • 774 Thanks
    Gary_Dexter
    • #5
    • 20th Mar 18, 1:19 PM
    • #5
    • 20th Mar 18, 1:19 PM
    Just pay it if you owe it.

    Not sure why you're trying to dispute it
    • Gmod
    • By Gmod 20th Mar 18, 2:12 PM
    • 10 Posts
    • 0 Thanks
    Gmod
    • #6
    • 20th Mar 18, 2:12 PM
    • #6
    • 20th Mar 18, 2:12 PM
    I haven't listed the reason I'm disputing it, as it tends to distract people from my query.


    Let's just say I don't owe them any money, but they (mistakenly) disagree and have sent me a default notice.


    If anyone can help re the validity of an undated default notice I'd be very grateful.


    Thanks in advance.
    • Gary_Dexter
    • By Gary_Dexter 20th Mar 18, 2:21 PM
    • 1,331 Posts
    • 774 Thanks
    Gary_Dexter
    • #7
    • 20th Mar 18, 2:21 PM
    • #7
    • 20th Mar 18, 2:21 PM
    In other words "I cancelled my contract or moved to a non-cabled area and now have to pay termination fees"?

    Right?

    The letter you've received would be dated.
    • Gmod
    • By Gmod 20th Mar 18, 2:24 PM
    • 10 Posts
    • 0 Thanks
    Gmod
    • #8
    • 20th Mar 18, 2:24 PM
    • #8
    • 20th Mar 18, 2:24 PM
    The letter I received (the default notice) was not dated.
    • Gary_Dexter
    • By Gary_Dexter 20th Mar 18, 2:38 PM
    • 1,331 Posts
    • 774 Thanks
    Gary_Dexter
    • #9
    • 20th Mar 18, 2:38 PM
    • #9
    • 20th Mar 18, 2:38 PM
    Phone them and ask for one
    • Gmod
    • By Gmod 20th Mar 18, 2:40 PM
    • 10 Posts
    • 0 Thanks
    Gmod
    I appreciate your advice Gary - are you saying that a default notice is defective?


    That's my interpretation too, but I wondered if anyone else had had the same problem?
    • Sparx
    • By Sparx 20th Mar 18, 2:44 PM
    • 893 Posts
    • 493 Thanks
    Sparx
    As far as I'm aware, Virgin Media are not regulated by CCA agreements, so these terms don't apply.

    The sense of VM issuing a default notice, is simply the same thing just not a CCA regulated agreement.

    If you don't pay they can report to credit agencies you are in default for non-payment still.
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