FD defaults on Credit files with no Default letter

[StuzaTheGreat]

Hi All

 

i'm somewhat confused after reading various threads here. I like many people here have submited the access request and got back loads of photocopies from FD in relation to a default on my credit records.

 

Now here is my confusion:

 

In the returned documents I do not have a "Default notice" document. Like many others I have the "Final Notice" demand and no further correspondence from them (apart from the DCA).

 

Now the question is -

 

are FD legaly bound to send you a letter entitled "Default Notice" or is there "Final Demand" letter sufficient as they say?

 

 

Really hope someone can clear this up for me (and many others here!)

 

 

 

p.s. my case is in relation to a loan.

[tiglet]

Have they placed a default on your credit file?

 

If so, then yes, they do legally have to send you a default notice.

[StuzaTheGreat]

Thanks for that!

 

Yes they have. FD's other trick is to say they are not legaly bound to keep a copy, I very much doubt this myself but, is this the case?

[tiglet]

I would suggest having a good read of this: Remove Default Notices on a Credit File - We show you how

[StuzaTheGreat]

Hi Tiglet,

 

thanks for that. Had a good read of that and thats the process i'm following.

 

 

The question still remains though, are FD correct in saying that there "Final Demand" qualifies as a "Default notice" even though, the words "Default notice" never appear on it?

 

This seems to be an ongoing question in a lot of the FD sub-forum.

[tiglet]

No, IMO, it has to clearly state "Default Notice" to be valid and give you 14 days to make full payment.

[StuzaTheGreat]

Cheers for that.

 

That seems to be the general opinion however, was wondering if anyone knew "legally"

[shieldblaster]

Default notices are legal documents that have to contain certain criteria as laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993.

 

They have to contain the following:

 

• Name and address of creditor issuing default notice and name and address of the borrower.
  
• Type of agreement and details of the breach of the agreement.
  
• Early settlement figure (for fixed sum only).
  
• The action to be taken by you to remedy the situation and comply with the agreement.
  
• The next action that the creditor intends to takes, should you fail to comply with the agreement.

It's very important that default notices are correct legally as there is case law which states so:

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

Hope this helps

 

Mick

[StuzaTheGreat]

Sadly, it does contain all that information (from memory) but, it is marked up as a "Final Demand" and not a "Default Notice". Does this make a diference?

[shieldblaster]

In the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993 it states that:

 

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

 

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.

 

Hope this helps

 

Mick

[StuzaTheGreat]

You Mick are a legend! Thank you VERY much for finding out that info - where do you guys get all this? I don't have any such luck with Google!

 

*IF* FD write back now and tell me there letter counted as a default I can happily quote that paragraph and spank em

[shieldblaster]

Glad to be of service I learn from you and your problems, thats how this thing works