Hello, I would be very grateful for any advice / input on my options to move forward with my debt. I currently owe £50k to about 11 creditors. I have been on a DMP for 3 years paying £140 a month. I am self-employed, I rent and now live by myself so am covering all bills etc. I will be paying off debt until 2046 so am thinking IVA or Bankruptcy may be better solution to enable me to move forward in my life within 10 years. Many thanks in advance FF

Hi all, Back in May when my financial situation tumpled over the edge into the abyss, I had to take action and get advice from Payplan. The first thing I did was to check my credit file. To my surprise I saw that GE Money had applied a DN to my secured loan account in February 2010. I had not received any notification from GE Money regarding a default to the account. I had not missed any payments to the account and have the bank statements to prove it. I contacted GE Money and asked them why the DN had been applied to my account. They couldn't and haven't been able to tell me. I had a fair job getting them to remove the DN over a two week period. A very stressful two week period, I was in the middle of writing to my creditors to explain I was having financial difficulties. I needed to open a parachute bank account account as my current account with Barclays could be linked to my debt on Barclaycard. With a DN against me I didn't think I would get a new bank account so it was imperitive it was removed. I was very stressed at this point and GE Money were next to useless. I lodged a formal complaint with them and the FOS and ISO. GE Money have now written to me explaining they don't actually know why the DN was issued and it was a one off, blah blah blah and have offered me £50 compensation. I don't really want to accept that as a final offer. I think it stinks that they can apply a DN and just go oops sorry, here's £50, now go away. My question is any advice on how to further complain and insist they tell me how the DN got onto my account in the first place? Many thanks CAGgers FF

Hi Miss Muppet, Thanks, you never know. You know it REALLY urks me that RBS was one of the bail out banks, receiving help from the taxpayers (albeit without our direct consent!!!) but received it nonetheless. They were in a financial tight spot, needed help to get back on their feet and were lucky enough to receive it. How come there is no assistance to us from them when we need it. I didn't get into debt by being reckless, I got into debt because I was trying to make a business work and it didn't fly as well as I had hoped. Shame I don't have a nice government happy to help! Sorry - rant over!!

Hi CB, How are you? My account has been terminated by RBS, 2nd August so looks as though they have done the right thing re timing etc. Haven't received any correspondence from Triton, who are they? I have been told my debt will now be passed to RBS' debt recovery office. I have asked nicely for them to stop charging me late and overlimit fees and accruing interest, will wait with baited breathe for their response. Take Care FF

Hi CB, Sorry, haven't been around for a while as away at an event trying to earn some money!!! Hope things are okay with you. I am receiving more DN from other creditors so the file is getting bigger! Take Care FF

the link in #457 should work now.

Hi Lexis200, Thanks for your comments, I agree with you point about enough time, I'm just trying to wise up re DN. Even if they gave me a 100 days I wouldn't be able to remedy the situation! My inital question was Cap1 sent this after I issued the Account in Dispute letter as they hadn't complied with my CCA request. Any pointers as what to do next?

Hello Again CB, I will go and have a read, I get the feeling the 'layperson' ISN't supposed to know and they don't make it clear in the slightest, it just shouldn't be allowed to continue.

Oh, silly me, it was because LPT had pointed out I had left the barcode on the DN and I couldn't get rid of it with a new file.......... DOH!!! it's that time of day, need liquid refreshment

Ok, have deleted duplicate file and replaced with new on DN they sent me in case anyone else wanted to comment or see what one looks like, if like LPT, you have been told by CAP1 that they sent you one but it never materilaised;) http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultnotice004.jpg I am off to disect the information you sent m2ae, FF

Hi CB, Thanks for that, I have posted over there as well and have had some intersting feedback, namely as you say there is bugger all on there really, no name, no date, no balance etc that is all in the covering letter but not the DN. As means2anend pointed out the notice is headed 'Notice of Default' not Default Notice - which apparently are two seperate legal beings! I too have read that until the account is terminated they can re-issue DN. I will have to wait and see what the next step is. Regardless I still don't have a CCA from them! Many thanks for your comments. FF

Many thanks for your comments, LPT I have now removed the barcode, will post DN back up in aminute, it keeps linking to the old version with barcode!! Thank you for your comments. m2ae - thank you also for your advise and links, I appreciate it. I will go and read through the schedule again, I have to admit to getting a little confused with the way these things are written, however there do seem to be a number of glaring errors with their 'Notice to Default' as you correctly pointed out! I could always refer to section 16 of my Credit Agreement as this is what they say I have breached - Oh No Hang on - They haven't sent me a CA ! Thanks, I will wait and see what happens next. LTP how are you getting on since they logged Defaults against you? Regrds FF

Subbing to this thread as I have not received any responses really under CAP1 section and I really need some advice please. I am seeking advice on Default Notices, this is my second in two days and whilst I have been reading and reading threads on Dn's I would appreciate some guidance and advice regarding this one from Cap1. Brief history - sent CCA request, received letter back saying they can't action without a signature, I wrote back saying I'm not obliged to provide one please carry out CCA request as required, they wrote back to say it would take them sometime to deal with my enquiry and would be in touch if they hadn't managed to oblige within 4 weeks I wrote back after the 12 + 2 days from second CCA request with Account in Dispute Letter. They received this on 13 July, I have POD from RM. Today I receive the following; http://i892.photobucket.com/albums/a...ltlet001-1.jpg I am in a dmp with payplan, early stages, but have not received any notification of a Long Term Payment Plan with CAP1, from either CAP1 or PP. http://i892.photobucket.com/albums/a...tnotice003.jpg My questions are; 1) Is there a letter template to reject a DN issued whilst account in Dispute? 2) Irrespective of whether the DN should have been issued does it meet the prescribed requirements? 3) Anyone else received this format from CAP1? 4) What should I do now:confused: Thank you FF

Hi CB, Thank you for that. I have only actually missed one payment, I guess they issued it because they were notified of my financial diffulty. With regards to missing CCA - any comments anyone? With regards to the DN there does seem to be a lot of the required info missing!! There is NO date on the notice, there is on the letter though, does that count? Any thoughts Caggers on what I should do next? Many thanks FF

Hi Caggers, I am seeking more advice on Default Notices, this is my second in two days and whilst I have been reading and reading threads on Dn's I would appreciate some guidance and advice regarding this one from Cap1. Brief history - sent CCA request, received letter back saying they can't action without a signature, I wrote back saying I'm not obliged to provide one please carry out CCA request as required, they wrote back to say it would take them sometime to deal with my enquiry and would be in touch if they hadn't managed to oblige within 4 weeks I wrote back after the 12 + 2 days from second CCA request with Account in Dispute Letter. They received this on 13 July, I have POD from RM. Today I receive the following; http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultlet001-1.jpg I am in a DMP with payplan, early stages, but have not received any notification of a Long Term Payment Plan with CAP1, from either CAP1 or PP. http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultnotice003.jpg My questions are; 1) Is there a letter template to reject a DN issued whilst account in Dispute? 2) Irrespective of whether the DN should have been issued does it meet the prescribed requirements? 3) Anyone else received this format from CAP1? 4) What should I do now:confused: As always many thanks peeps FF

Griffin036, Have a read through the thread linked in post #4, it may prove informative to you. Can anyone help me out on the issues I raised in post #5 please? Many thanks FF

Thanks Miss Muppet, I have had a look through the thread, it certainly seems the general concensus is that 'x days from date of letter' is not sufficient. given I am not in a position to remedy the breach, even if they gave 100 days I will have to wait for the next step, which I assume will be a termination of account! Having read the thread, my understanding is it needs to be 14 'clear' days, (so not the 12th)+ 4 , that would take it to 30th July by my reckoning. Can someone confirm for me? Am I right in thinking if I receive a termination of account letter prior to the 30th July, they have made a big boo boo and are only entitled to claim the arrears stated on the DN? Thank you CAGgers, I really appreciate your help FF

thanks slick, guess I will just have to wait and see what happens. FF

Hi MissMuppet, Thank you for the link. Has a defective default notice, defective only because it didn't state a date in date format, ever been taken to court and supported by the judge do you know? Reading through the regulation all the other wording has been used correctly. Going back to the time RBS allowed me to remedy the breach. On the DN itself they state I have 17 days from the date of the notice (12th July). Given it was dated the 12th and I received it 17th I assume it was sent 2nd class post. So my understanding is I should get 14 days + 4 working days (in this case 18 days). so surely they haven't given me enough time to remedy the breach? Can anyone clarify this for me? Many thanks again FF

Hi All, RBS have sent me a default notice. It is dated the 12th July, I received it today. Please can you wise folk advise me if it has been executed correctly? I have read many threads and it seems to me that the date issue is a little off, but I am new to all of this so would really appreciate your assistance Default Notice http://i892.photobucket.com/albums/ac128/fossilfinder/rbsdefault1001-1.jpg covering letter http://i892.photobucket.com/albums/ac128/fossilfinder/rbsdefaultlet002-1.jpg The envelope it came is has a printed stamp S Postage Paid/C9 10006 I know the C9 bit refers to RBS licence with Royal Mail. Any thoughts on the S? I have read somewhere that if it is unclear which service was used then it is assumed to be second class? Again any thoughts or pointers to threads? Again, many many thanks FF

Hi Slick, Thanks for that. There is one late payment charge of £12 so far. Can I reclaim that then? Going back to my earlier question have they complied with my CCA request, I am still unsure as to whether they have by sending me what they have? Which is basically printed conditions & T&C's , generic, nothing with my name or address on? Thanks FF

Hi Slick, Thanks for that. I will look at the thread. I do have my statements yes and there are no penalty charges on the account. I have kept the account in good standing, it's just now it has all fallen apart and I can't make the monthly payments. I have started a DMP with Payplan. I am still a little confused about the Morgan Stanley -> Goldfish -> Barclaycard situation. As BC took over should they have the original agreements etc from MS?? Many thanks FF

Update re my CCA request to Barclaycard. I sent them the account in dispute letter regarding the failed CCA request, stating why they hadn't complied. Today I received the following letter http://i892.photobucket.com/albums/ac128/fossilfinder/barclaycard2001.jpg http://i892.photobucket.com/albums/ac128/fossilfinder/barclaycard2002.jpg http://i892.photobucket.com/albums/ac128/fossilfinder/barclaycard2003.jpg Please can you wise folk advise me where to go from here? I have read other threads and see this is a standard response at present. However, can they do this under Section 77/78 request? Should I issue a SAR? Many thanks FF

Dear All, I really appreciate all your views on the above, reading the SI and ECA I think they have covered themselves with the inclusion of the 'this tick is instead of your signature' statement. I wanted to clarify I am not trying to wriggle out of my debt with Egg, I am in a situation and was advised if there was an unenforceable agreement then it would give me some room to propose a Full and Final Settlement with the creditors . Thank you again FF

Hi Car2403, Thanks, you answered the question with the link to the Act amendments 2004, having read through them now I take the inclusion of Article 4 Article 4 amends the Consumer Credit (Agreements) Regulations 1983 to enable agreements to be concluded electronically and to enable the creditor or owner to include in the signature box information about the process or means of providing, communicating or verifying the signature made by the debtor or hirer. In mine it says please tick box instead of providing signature. So thank you, you have answered my question