media companies and defaults

[fergal71]

Please Help

 

 

can media companies not governed by cca still place defaults????

 

I read this some time ago... I really need this clearing up.... as I have company placed a default cost me considerable money....

 

 

 

"The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004, laid under the Consumer Credit Act 1974; (3237)

 

This means they are regulations UNDER the CCA. So VF can't say they apply but CCA doesn't.

 

 

There was a minor interesting point developed yesterday though regarding the issuing of default notices from Vodafone, who as we know, now claim that their 'airtime contracts' are not 'regulated products' under the CCA.

 

Well, are you aware of any other legislation that describes or defines 'Default Notices'? NO? Neither am I!

 

So - I telephoned CCCS and asked them the following question :-

 

Q "If a supplier claims that their product is not a 'regulated product' under the CCA, can they issue a default notice?"

 

A "No. There would be no point - the default notice is a specific notice, defined under the CCA that is a prelude to further action, if they have issued a default notice then by default (no irony intended) the product must be regulated under the CCA."

 

i.e. They can't have it both ways - either it IS covered within CCA and the default notices are legitimate or it ISN'T covered and they're not.

 

I'm not sure this is the full story on this yet, but I sent the same question to Vodafone (who have since admitted they cannot locate a certified copy of my contract).

 

I think there may have been something in 1993 regarding 'contract, consumer defaults or something' must go look...

 

(Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993). "

[Hobbie]

I've alwyas thought the same, if the product or service is one that is not regulated by the Consumer Credit Act 1974, then the company should not be able to touch your credit file, placing defaults or delinquent markers on a credit file.

 

But it never seems to be the case, mobile telephone accounts aren't covered by the CCA 1974, but mobile operators are usually the first to bang a default on your credit file.

 

I think access to managing credit files are the CRA's needs to be relooked into, as I'm sure these companies are acting outside the scope.

[fergal71]

can somebody bump to get some definitive answers... cheers hobbie

[citizenB]

fergal, you can bump your own thread just by posting. I am sorry I dont know the answer to your question. Hopefully some one who does will be along soon. xx