Jump to content


BankFodder BankFodder


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About jpixels7

  • Rank
    Basic Account Holder
  1. once they send the new default notice, they will need to give me 14 days(?) to settle the existing debt...I pay the debt which means they don't report it again...Old defaults get wiped because they are unsubstantiated... Anyway I already know this has been done, and it has worked many times..What I am asking is, how do I get a court order to have them removed, by force...I know there is moneyclaimonline to get back money owed, but how do you go about something like this where no money is involved
  2. Hi Yes, but before the default is added to the Equifax file, a default notice must be served: • no default notice required by s87 (1) Consumer Credit act 1974 has been sent. • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974 • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 so, no default notice means the default record on Equifax is unsubstantiated...
  3. Hi I have 3 defaults on my Equifax file...BT, T-Mobile and those god awful Lowell folk... 40 days have passed and I have received replies from all of them, either making excuses they dont need to serve a default notice or admitting they dont have the paperwork... So how can I now force them to remove the unsubstantiated defaults from my credit file, what is the easiest way to begin court action? Is there a way I can start online? Thanks
  • Create New...