Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default(s)" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.
You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully
Mabore
They replied on the 25th OCT 07 with a copy of the credit agreement and obviously no default notice. They didn't even mention the default in their reply.
Dear Mabore
Your Credit Agreement Request
Further to your recent request, I have pleasure in enclosing a copy of your signed Credit Agreement in accordance with your rights under the Consumer Credit Act 1974.
Yours Sincerely
***** ******
Data Protection Manager
Egg Banking plc
Encl.
What would be my best course of action next, wait for the 28 days to pass or send a chaser letter? Or even send a complaint to the OFT?
Mabore Vs Egg Card (Default Removal)
Card about a default (the account was settled) which I never received a notice for. I sent the letter below on 22 OCT 07
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