Help Claims Form Received From Northridge Finance

[DeBilde]

I received a Default Notice from a Creditor after falling 3 months in arrears.

 

I have read about the dates needed on a notice. The letter was dated and sent 3rd Feb 2010. I was asked to pay the arrears by the 21st Feb 2010. Have I been given enough time to pay?

 

I have read it is 2 working days after the postage date to receive the notice and then 14 clear days to pay. Is this correct? If so does this mean the actual date should have been the 22nd Feb 2010?

 

Thanks

Edited March 10, 2010 by DeBilde

[Series3]

3rd Feb - wed

received Fry 5th Feb

+ 14 days.....19th Feb

 

scan it and post it up to see if everything is on that should be..

 

series3

[diamondgirl]

And remove any personal details

[supasnooper]

Hi there,

 

Welcome to CAG.

 

Please can you confirm that the Default Notice you have received was served under section 87 of the Consumer Credit Act 1974 ?

[Guest]

3rd Feb - wed

received Fry 5th Feb

+ 14 days.....19th Feb

 

scan it and post it up to see if everything is on that should be..

 

series3

 

imo, 'clear days' (calendar days) start on the day after receipt. so + 14 days = 20th (please correct if wrong, thanks)

Edited February 25, 2010 by Ford

[diddydicky]

i make that the 19th not 20th!! (14 days counting from saturday 6th)

[DeBilde]

Thanks for the replies. I will get it scanned up in the next few days.

[Guest]

i make that the 19th not 20th!! (14 days counting from saturday 6th)

 

I was reading it as the minimum date that c/b on the dn! sorry, i should've stated that.

Edited February 26, 2010 by Ford

[DeBilde]

[DeBilde]

This was posted on 3rd Feb, can you have a look over it and tell me if it is compliant.

 

Thanks

[DeBilde]

It is served under section 87 (1) of the Consumer Credit Act 1974.

 

I missed that out on my edit

[DeBilde]

Anyone help?

[diddydicky]

without the date of the DN it is impossible to say if their is sufficient time but it is missing important prescribed text

[DeBilde]

The DN was sent according to the cover letter on the 3rd Feb. If it took 4 days to arrive it would be the 8th meaning 14 days would be the 22nd or 23rd surely?

 

What prescribed terms are missing?

 

Thanks

[cosalt]

Hi, I calculate the 23rd also. Date of service 9th Feb, remember service days are working days so mon-fri.

 

You do need to post up the DN if you can as there could be loads of other things wrong with it, all wiould help your case if it went to court.

[Bigdebtor]

DB

 

Would they have been open to take payment on Sunday 21 Feb in any case (or Sat 20 Feb for that matter?) - or could you have done an online payyment to hit their account on that date?

 

Both are doubtful and if so then BY 21 Feb would mean either ON Sat 20 Feb or ON Fri 19 Feb - in which case they definitely did not 14 clear days from assumed/deemed date of receipt/service of DN.

 

However it seems judges are now a bit iffy about "defaulters" relying on this sort of thing alone. It might be better to wait and see if they go ahead and terminate - then try for unlawful rescission - so you only need to pay lawful arrears less compensation. However you might want to consider your credit rating if not already shot.

 

Have there been any unfair default charges issued which would render the amount due - and hence amount of arrears quoted in DN inaccurate?

 

Hope this helps.

 

BD

[cosalt]

Sorry, was it sent first or second class, remember it is deemed second class unless they can prove otherwise.

[DeBilde]

Thanks for the info. The copy of the DN is in post 9.

 

They have told me over the phone 2 weeks ago that they would be going for a CCJ and Charging Order.

 

The arears is just missed payments.

 

Did not save the envelope so not sure of the postage, how would they prove it went 1st class?

 

They terminated the agreement last week and they have passed it to their legal team.

 

My Credit Rating is not so good missed payments etc... but no defaults as yet (except this one of course)

[cosalt]

Do you have a copy of the agreement you signed?

[diddydicky]

The DN was sent according to the cover letter on the 3rd Feb. If it took 4 days to arrive it would be the 8th meaning 14 days would be the 22nd or 23rd surely?

 

What prescribed terms are missing?

 

Thanks

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

 

S10 (a)

 

[10A

 

A statement in the following form--

 

"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.".]

[diddydicky]

14 clear days means 14 consecutive days commencing the day after service and it is (unfortunealety) irrelevant if the 14th day falls on a weekend.

 

However the law clearly states that the creditor MUST allow 14 clear days after service therefore a judge may NOT treat even one day short as de minimus and if he does opens the door to an appeal

[diddydicky]

if posted first class the dates are fine- if second class they are defective

[DeBilde]

Do you have a copy of the agreement you signed?

 

No, it was taken out in June 2008 if you are going down the uneforceable route

[DeBilde]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

 

S10 (a)

 

[10A

 

A statement in the following form--

 

"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.".]

 

Sorry this is on a seperate page, forgot to scan that up. That is the only text on the 2nd page though.

[DeBilde]

if posted first class the dates are fine- if second class they are defective

 

How can I/They prove this?