Incorrectly Served Default Notice

[Asbestross]

Hi All,

 

Just looking for a little advice with this one. I have an oustanding Payday loan with a well known PDL company. Needless to say I got into financial difficulty and was unable to pay the full amount; they refused to accept any proposal, so I sent the letter offering and ignore everything else. I went through a period of about two months where I was getting up to 10 calls per day on my mobile and home phone line from them with just a recorded message. Some as late as 9pm. Complained regarding telephone harassement, still continued, threatened OFT and Trading standards complaints. Calls stopped, and then the snail mail battle began:

 

On 17th Sept I received a Default Notice from this company. Dated 13th September with the following wording:

 

To remedy this breach you are required to take the following action within 14 days from the date of this letter pay the outstanding arrears balance on your account in full - £xx.xx to the Company.

Firstly I've taken note that they have failed to allow for postage times and the actual date that the Default Notice was effectively served on me. So to start with their breach date is quoted according to the Default Notice as 27/09/2012; whereas it should be 01/10/2012. Secondly I have received another letter today dated 20th September advising that as I have failed to respond my account is now in default and is in the process of being passed to a third party for legal action. So strike one with the incorrectly served default notice, and strike two with the account being placed in default 7 days before their Default Notice indicated and 11 days before the legal breach date.

 

Can anybody offer any advice as to how to word this in a letter to them?

 

Another quick question I have though, if somebody could be so kind as to assist. On their Default notice; the address they have provided is not included on their Licence. Does this mean they're canvassing or conducting consumer credit related business from an unlawful address?

 

Thanks in advance

Edited September 25, 2012 by Asbestross

[citizenB]

Yes, the notice is bad.

 

1: They cannot say "within 14 days" - they need to give you 14 clear days allowing either 2 working days for 1st class or 4 working days for 2nd class mail.

 

2: They can only ask for genuine arrears - not the full balance.

 

They must have their registered/head office address on the Default Notice.

 

Do you want to scan it in and let us have a peek just to make sure? Do please remove ALL identifying information before posting up. If you follow the instructions below you should have no problems.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Asbestross]

Thanks Citizen for your advice...

 

PDF attached

 

Cheers

Edited September 25, 2012 by Asbestross

[citizenB]

I will flag this for others to comment as well.. but I am pretty certain that the DN is a duff one

[Asbestross]

Thanks again for your help Citizen, muchly appreciated.

[robcag]

It's probably advisable NOT to alert them about the defective DN at this stage.

 

Rob

[Asbestross]

I was actually thinking the same thing - I'll hold off on any and all correspondence for the next few weeks and let them make the next step. I'm setup for CreditExpert alerts so if they register the default on my credit file and I will know straight away; then i'll take the appropriate action.

 

I'm presuming I am correct in saying that once a Default has been issued, the account is effectively terminated. And if said Default Notice is incorrectly served or invalid this renders the whole agreement invalid also?

 

Thanks again

[robcag]

I was actually thinking the same thing - I'll hold off on any and all correspondence for the next few weeks and let them make the next step. I'm setup for CreditExpert alerts so if they register the default on my credit file and I will know straight away; then i'll take the appropriate action. Probably wise not to take any action - keep it under your hat for use in defence against possible court action.

 

I'm presuming I am correct in saying that once a Default has been issued, the account is effectively terminated. You would think so but not necessarily always the case. And if said Default Notice is incorrectly served or invalid this renders the whole agreement invalid also?

 

Thanks again

 

Until they terminate it is possible for them to re-issue a valid DN, that's why you don't want to alert them to the defective one. Once they can be shown to have terminated the agreement then basically they have shot themselves in the foot.

 

Rob

[dpac123]

How do you define "termination?" Presumably if they take you to court with a duff DN, the account is effectively terminated by their actions?