Hi all I was wondering if you could tell me when a default notice should be issued.I got into financial difficulties a few years ago 2011 after stupidly using payday loans. One of those loans was Txtloan. At the time I took the loan out I was desperate and I don’t believe any correct financial checks were carried out otherwise I would have been declined, they certainly would have known if they had checked that I had several payday loans and shouldn’t have loaned me the cash.At the time I’d taken a drop in wages and was using payday loans to pay my mortgage, stupid I know and eventually the crap hit the fan. TXTloan at the time refused to enter into a repayment plan with me and I defaulted in early 2011. I got an email in August 2011 saying they had transferred my loan to a debt collectors called Fredrickson but I heard nothing from them.In 2013 I started getting emails from Lucas credit about the same loan, no notice of assignment received just emails demanding a highly inflated amount of money, they stopped and then today I get a text message telling me I have been sent an important legal notice by email from someone called MYJAR. I’ve checked my email and it’s a fairly scary email saying they have contacted me several times (not true first time I’ve ever heard of this company and had any correspondence from them). It appears that they are planning to register a default notice against me for this debt from txtloan from 2011.The emails says:Dated: 17/07/2014This is a Default Notice served under section 87(1) of the Consumer Credit Act 1974 in respect of the Running Account Credit Agreement reference number 115589 made between:• (1) TxtLoan Limited trading as MYJAR, PO Box 361, Ashford, TW15 9DZ ('the Company')• (2) Joe Blogs - AddressUnder clause 1.14 of the Running Account Credit Agreement you were required to repay the total sum of no later than 04/04/2011.As you have failed to make the repayment amount due on 04/04/2011 you are now in breach of the terms of the Running Account Credit Agreement.As you have failed to make this payment you have incurred late payment charges and the total amount of arrears is now 324.66.Action RequiredYou must now pay the total of the arrears 324.66 to the Company before 31/07/2014.IF YOU PAY THE TOTAL AMOUNT OF THE ARREARS BEFORE 31/07/2014 NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE 31/07/2014, THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.Further ActionThe Company will serve notice in writing demanding payment of the outstanding balance. If nothing is received, the Company will bring proceedings against you for the outstanding balance.In your own interests you are strongly urged to contact the Company by telephone on 020 3006 2000 quoting the above customer number if you cannot pay the arrears in full.IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU MORE TIME.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.IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.This notice should include a copy of the current Financial Conduct Authority 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.Yours sincerely MYJAR Collections and RecoveriesIs there any advice that anyone can offer about this? Can they and should they be registering a default notice this long after the initial default? I’ve checked Noddle and it doesn’t look like there is a default registered on there by any of those companies, although there other defaults on there from other Payday lenders who I don’t believe have issued me with default notices and who also shouldn’t have given me the loans in the first place as they didn’t carry out proper checks.I’m not trying to get out of paying my debt, rather the opposite, I’ve been working hard to pay off my mortgage arrears and personal loans, and currently trying to claim back PPI from my credit cards to held towards their balance.Does anyone have advice?

Show more