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Under what section of the CCA can you demand a copy of the default notice?
Or is it just a requirement that they can prove it was issued in line with the Act or any other regulations?
Would love to know about this - I recently approaced Egg to ask them for a copy of the default notice, but was met with the response:
"In respect of your request for a copy of the default notice, whilst we are under no obligation to provide a copy of this default notice, I can confirm that the default was registered in accordance with the correct proceedure
Yours sincerely"
I think this is a standard response, but would be interested if anyone has any advise on this.
How about if I was to write back and say, well I don't think that you did issue it properly, if at all (which they didn't) and demand that they prove they did with the threat of commencing court proceedings to get the default removed.
In that event I could surely ask they disclose the documentation they would seek to rely on in defending such a claim (under the Civil proceedure rules).
My worrk about the Data protection Act is that under the judgements in Durant and Smith, I believe that Data for the purposes of the act, only inlcudes data that is processed electronically and is easily retrieveable? - ie. it does not include files chucked into boxes and stored randomly - which such a notice may be.
from my experience with Egg, in response to my SAR they supplied a copy of my default notice
its probably best to ask for all details held on file under the SAR imho
you would be foolish to file a claim without first having a default notice in your possession. you can argue that they failed to send a valid default notice but you would have extreme difficulty in arguing they didnt send you a default notice.
the best route i feel would be the SAR, then once you have the default notice, look at it and check its compliant with Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561).
also by sending a SAR it should give you a over view of the charges levied and if teh default notice contains an incorrect amount then it will render the default notice invalid per Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255
Requesting copy Default notice......Egg...?
to ask them for a copy of the default notice, but was met with the response:
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Originally Posted by Hopeful1
