###DEFAULT NOTICE### is this ok

[chippo]

i received this on monday 18th may

 

Lloyds TSB

13th May 2009

Collections Centre Charlton Place Charlton Road Andover SP10 IRE

Telephone: 0845 600 6294

Opening Hours

Monday to Friday Sam - 9pm Saturday Sam - 5pm Sunday 10am - 8pm

 

 

PLEASE QUOTE THIS ACCOUNT NUMBER IN ALL COMMUNICATIONS

xxxxxxxxxxxx

 

Letter Reference: xxxxxxx Dear Mr chippo

IMPORTANT YOU SHOULD READ THIS CAREFULLY DEFAULT NOTICE (Served Under Section 87(1) of the Consumer Credit Act 1974)

 

Personal Loan Account Current Balance Arrears

xxxxxxxxxxx

£xxxxx

£xxxxx

 

Which part of the agreement have I broken? - This agreement requires you to pay the monthly instalments of £ xxxxx.

How have I broken the agreement? - You have not paid all these instalments on time. These are arrears of £xxxxx

What do I need to do to correct this? - You must pay us £xxxxx by 1st June 2009.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN. NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

What will we do if you do not correct the breach? - We will refer your account to our solicitors and we will claim what you owe us through the courts. This will involve you in additional costs which we will add to what you owe us.

We will also register information about your failure to pay with these credit reference agencies: Experian Ltd, Equifax Europe Ltd and Callcredit pic. They will keep this information in their records for six years.

This information is often used in the finance industry to assess how well you can manage your finances and this may also affect anyone with whom you share a joint account.

If you later settle your debt this will be recorded, but the record of the original default will not be

removed.

You may be able to avoid this if you phone us now with an offer to repay what you owe.

You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay.

This notice should include a copy of the current Office of Fair Trading information sheet on default.

This contains important information about your rights and where to go for support and advice. If it is

not included, you should contact us to get one. W i of i

Lloyds TSB Bank pic Registered Office: 25 Gtesham Street London EC2V 7HN. Registered in England and Wales no 2065. Lloyds TSB Scotland pic Registered Office: Henry Duncan House, 120 George Street, Edinburgh EH2 4LH. Registered in Scotland no 95237. Authorised & regulated by the Financial Services Authority and Signatories to the Banking Codes. We are members of the Financial Services Compensation

ScberLe ind the Financial Ombudsman Service.

[supasnooper]

Do you have the envelope the Default Notice came in ?

 

What class of postage was used ?

[chippo]

Do you have the envelope the Default Notice came in ?

 

What class of postage was used ?

 

hi supasnooper thx for ur quick reply, the thing is i had 2 letters from the same place on monday (the other was about a overdraft) 1 was first class and the other was 2nd class and i dont know which letter came out of which envelope,

[supasnooper]

Hmmmm....

 

If the Default Notice was posted 1st class then it would be effective

 

If posted 2nd Class, it would be ineffective.

 

What was the date on your overdraft letter ?

[chippo]

12th of may on overdraft letter.

[chippo]

can they prove if it was 1st or 2nd class?

[supasnooper]

can they prove if it was 1st or 2nd class?

 

A good question.

 

If your case goes to court, you could put them to strict proof as to the class of service used, together with proof of postage.

 

I would keep both enevelopes with the Default Notice just in case.

 

I would keep an eye out for further overdraft letters from LTSB and see what class of postage is used.

From that you'll know what class the Default Notice was posted.

[chippo]

A good question.

 

If your case goes to court, you could put them to strict proof as to the class of service used, together with proof of postage.

 

I would keep both enevelopes with the Default Notice just in case.

 

I would keep an eye out for further overdraft letters from LTSB and see what class of postage is used.

From that you'll know what class the Default Notice was posted.

 

i'm being thick here i know, but why keep the 1st class one?

[chippo]

also supasnooper, how does it become invalid if it was posted 2nd class? is it something to do with june 1st being a bank holiday?

[alfwithhair]

also supasnooper, how does it become invalid if it was posted 2nd class? is it something to do with june 1st being a bank holiday?

 

1st June isn't a bank holiday.

[supasnooper]

also supasnooper, how does it become invalid if it was posted 2nd class? is it something to do with june 1st being a bank holiday?

 

 

Have a read of this post by Banker_Rhymes_With for a complete dissection of Default Notices, postage rules for service, etc....

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[chippo]

thx for that, i think i need to try to find out off the post office when this notice was actually posted.

[supasnooper]

See if there are any paper creases in the DN that may match up with the envelope.

 

The Post Office won't be able to help as you don't know which envelope contained what documentation.

[chippo]

See if there are any paper creases in the DN that may match up with the envelope.

 

The Post Office won't be able to help as you don't know which envelope contained what documentation.

 

ive already tried to look for clues cant find anything that matches it to either

if it went to court would it be silly of me to go with a defence claiming that it came in the 2nd class envelope?

thx for all your help it is very much appreciated.

[supasnooper]

ive already tried to look for clues cant find anything that matches it to either

if it went to court would it be silly of me to go with a defence claiming that it came in the 2nd class envelope?

thx for all your help it is very much appreciated.

 

 

If it gets to court I would advise you to put them to strict proof as to the class of service used, together with proof of postage but do keep an eye out for what postage they use for overdraft letters as it may answer your dilemna

[chippo]

will do, i guess i'll just have to wait for the court papers arrive,

once again thanks for your help.

[banker_rhymes_with]

Hello Chippo!

 

Firstly, keep all envelopes, and clip them to the letter they came in.

 

Secondly, note the logo at the top right, and note the code within it, because that is probably the bank's licence with that carrier.

 

Thus, if all envelopes from that bank carry the same logo/licence, and you have a complete set of envelopes for all inbound correspondence, then you have proof of how they posted all letters to you, and can show an unbroken chain with letters to match envelopes.

 

Thus, the envelope that any Default Notice came in can be proved, because of the Postal Licence and the series of other envelopes.

 

Some envelopes have Royal Mail Orange Barcodes, and one day I hope to be able to read what they say.

 

However, if you examine them, you'll see that the lower Barcode is more or less identical no matter who sent you the mail. So, my reasonable guess is the lower Barcode contains routing information to get the envelope to your Postcode. Thus, by comparing that to all the others, you can show a Judge that all of the envelopes in your collection were sent to you, from the Postal Licence associated with the bank.

 

I think the upper Barcode may contain a date, or at least it will contain routing information to probably show where the envelope came from, which region etc. Thus, that will be more evidence to prove any such envelope originated from the locality where that bank hangs out.

 

If you get my drift, with some care, you can build up clear evidence that a Judge cannot ignore. No need for the Judge to make a judgment based on the balance of probabilities, because the clear evidence is there for him/her to see, inspect and hold in their hot little hands.

 

If this goes to Court, make sure you disclose absolutely all correspondence, so you will be entitled to show the Court any and all envelopes you need to make it clear any Default Notice was sent via slug post and thus rendered it defective based on the time you must be allowed.

 

I hope this helps.

 

Cheers,

BRW

[chippo]

thx BRW, that is a great help, just checked the code where the postage stamp is and the codes are the same on both 1st and 2nd class.

[banker_rhymes_with]

Hello Chippo!

 

just checked the code where the postage stamp is and the codes are the same on both 1st and 2nd class.

 

I'm pretty sure that will be their licence in that case, so any envelopes with that code must've come from them.

 

If you get any other letters from other people, note what codes are there, and I think you will see a pattern, that links the sender to the codes.

 

Cheers,

BRW

[chippo]

thx for your great help.

[supasnooper]

Just had a look through my overdraft correspondence from LTSB, all of it has been sent 1st Class postage

[chippo]

hi supasnooper, thats very interesting, increases the chances that my default was posted 2nd class.

[citizenB]

ive already tried to look for clues cant find anything that matches it to either

if it went to court would it be silly of me to go with a defence claiming that it came in the 2nd class envelope?

thx for all your help it is very much appreciated.

 

Some times there is a reference on the back of LTSB envelopes usually on the bottom left hand corner.

 

For the Collections Dept and Sechiari, Clark & Mitchell (solicitors)it would be

 

Env : Lloyds TSB COLL 1 (or 2)

 

if their in house DCA - BLS - send you letters it would be

 

Env: BLS/TSB

 

This is so the staff dont get confused as to who they should be for that particular letter, as they all work out of the same building

[chippo]

Some times there is a reference on the back of LTSB envelopes usually on the bottom left hand corner.

 

For the Collections Dept and Sechiari, Clark & Mitchell (solicitors)it would be

 

Env : Lloyds TSB COLL 1 (or 2)

 

if their in house DCA - BLS - send you letters it would be

 

Env: BLS/TSB

 

This is so the staff dont get confused as to who they should be for that particular letter, as they all work out of the same building

 

hi citizenB, i have recently had three letters from the collections dept, the most recent (overdraft) had the COLL on the reverse and was 1st class,the two previous to this were an overdraft letter and a default letter, one of the envelopes is 1st class with the code, the other is 2nd class with no code at all.

its beginning to look like the DEFAULT NOTICE was sent 2nd class or am i just hoping.