Regulation 30
1. The date of the notice.
2. A description of the agreement sufficient to identify it.
3.—(1) The name, telephone number, postal address and, where appropriate, any other address of the creditor or owner.
(2) Where the creditor and the debtor or the owner and the hirer have entered into an arrangement under which the debtor or the hirer has been given details of a particular employee or category of employee of the creditor or owner whom the debtor or hirer is entitled to contact in relation to all his dealings with the creditor or owner, the creditor or owner may, instead of including the telephone number or numbers referred to in sub-paragraph (1), refer to that arrangement.
4. The amount and nature of each default sum payable under the agreement which has not been the subject of a previous notice of default sums.
5. The date upon which each default sum referred to in the notice became payable under the agreement.
6. The following statement:
“This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.”.
7. The total amount of all the default sums included in the notice.
Regulation 31
8. Where the interest rate which applies to the default sum in the event that it is not paid or not paid in full when it falls due is a variable rate the following form of wording shall be contained in a notice under this Part—
We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sums are not paid in full by that date interest will be charged at the rate of…….[NOTE 1]. Since this interest rate is a variable rate, the rate which we will apply to the default sum once the 28 days have passed may be different.”.
NOTE 1: Insert the interest rate applicable at the date of the notice.
9. Where the interest rate which applies to the default sum in the event that it is not paid or not paid in full when it falls due is a fixed rate the following form of wording shall be contained in the notice—
We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sum is not paid in full by that date interest will be charged at the rate of…….[NOTE 1].”.
NOTE 1: Insert applicable interest rate.
Regulation 34(a)(i) and (b)
1. The date of the notice.
2. A description of the agreement sufficient to identify it and the claim number of the judgment given in relation to the agreement.
3.—(1) The name, telephone number, postal address and, where appropriate, any other address of the creditor or owner.
(2) Where the creditor and the debtor or the owner and the hirer have entered into an arrangement under which the debtor or the hirer has been given details of a particular employee or category of employee of the creditor or owner whom the debtor or hirer is entitled to contact in relation to all his dealings with the creditor or owner, the creditor or owner may, instead of including the telephone number or numbers referred to in sub-paragraph (1), refer to that arrangement.
4. The amount on which post-judgment interest is or will be charged at the date of the notice.
5. A statement in the following form—
“If you are having problems making repayments you should contact us in the first instance. If we cannot help you resolve the problem and if you are making payments under an instalment order you may be able to apply to the court to have the terms of the instalment order varied. If you do so you may also ask the court to reduce the amount of interest payable on the judgment debt.”.
6. A statement in the following form—
You can also obtain advice and information about dealing with your debt issues from the Citizens Advice Bureau, Federation of Law Centres, Consumer Credit Counselling Service, National Debtline, Advice UK agencies, Trading Standards, and Consumer Direct on ……… [NOTE 1].”.
NOTE 1: Insert the telephone numbers for the organisations referred to which are contained in the current Office of Fair Trading Default information sheet.
Regulation 34(b)
7. The total amount of post-judgment interest charged since the date of the last notice given under section130A in relation to the agreement.
8. The date or dates on which post-judgment interest has been charged since that date.
9. The rate or rates at which post-judgment interest was charged. Where the rate is a variable rate it shall be stated to be variable.
Regulation 34(a)(ii)
This notice is being given to you because a court judgment has been obtained against you in relation to the agreement. Under the agreement we are allowed to continue to charge you interest on all the sums which the judgment states you owe us.
This notice is to advise you that we intend to charge interest. The rate of interest payable will be ……… [NOTE 1] (variable) [NOTE 2].
Interest will be charged from the day you were given this notice (i.e. when the notice is deemed to have been delivered to you in the ordinary course of post) onwards.
This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay.
For so long as we intend to charge interest on the monies which the judgment states you owe us, you will be given a notice about this at least every six months. This will also include information about the amount of interest that has been charged since the previous notice was given.
If you are not given such a notice within 6 months starting with the day after the previous notice was given to you then we will not be able to charge further interest until you are given such a notice.”
NOTE 1: Insert interest rate or rates. Where the rate is variable insert the rate applicable at the date of the notice.
NOTE 2: Delete where the rate or rates are fixed.