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Can DCAs issue default notices


hammyhound
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I only ask this because according to my credit report, Intrum Justitia, Lowlife and Apex have all defaulted me despite my dispute letters going to the OC.

 

I always thought it was the OC that had to default you before passing the buck to a DCA.

 

HH

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Don't take this as gospol but I think it depends on wether the OC still actually owns the debt, if they have sold it to the DCA then I think they can mark defaults on your credit file.

 

I remember 1st Credit doing this to me on a Barclaycard debt, which they say they bought from the OC.

 

Is there any default from the OC regarding these debt? You can't be defaulted twice for the same debt.

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I would love to know if the DCA's actually have the legality to do anything to your credit file whatsoever?

It could just be yet another myth that needs exposing by CAG.

We just take for granted that they can, like we took everything else for granted with them for years.

If its proven/shown that they cannot, then the proverbial really will hit the fan ;)

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On checking

 

According to my letter and credit file Lowlife bought the debt but defaulted me 1 month before!!

 

Apex bought the debt but it was Halifax who defaulted me despite me not receiving any DN only a notice of assignment on "Apex/Halifax" letterheading.

 

And finally IJ just haven't got a bloody clue what they're doing. They never bought the debt and not only did they receive my "I want my CCA request here is my £1, they sent a letter back saying "account closed" and spent the money. They are the one's possibly I could attack as they never bought the debt so had no legal right to default me.

 

What do anybody else think

 

HH

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A default notice is required by s87(1) before a credit agreement can be terminated or enforced. That section and the Enforcement Regualations require that the default notice be seved by the "Creditor". If the DCA was not the Creditor at the time then the default notice is invalid and the DCA is unable to bring a claim..

 

AC

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Thanks

 

None of these were the original creditors but I know Lowlife and Apex bought the debt and on checking my credit file all these companies have issued defaults. None of the original creditors have issued them.

 

I do have a lot of defaults on my file and all but one are relating to DCAs or companies like CL finance who bought or were assigned the debts.

 

Can this be challenged in any way or should I just wait to see if any issue court proceedings and then I can challenge then.

 

HH

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According to my credit report and my "debt room":-

 

Apex - defaulted on 12.09.2008

Apex bought the debt in December 2008.

 

Lowlife - defaulted on 7.4.2008

Lowlife bought the debt September 2008.

 

IJ - defaulted 1.11.2008

IJ bought the debt in April 2009

 

Now I suspect that when someone buys the debt the "new owner" of the debt has their name changed on the credit report regardless of when it defaults.

 

Does this sound right.

 

Me thinks there is no dispute there.

 

HH

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According to my credit report and my "debt room":-

 

Apex - defaulted on 12.09.2008

Apex bought the debt in December 2008.

 

Lowlife - defaulted on 7.4.2008

Lowlife bought the debt September 2008.

 

IJ - defaulted 1.11.2008

IJ bought the debt in April 2009

 

Now I suspect that when someone buys the debt the "new owner" of the debt has their name changed on the credit report regardless of when it defaults.

 

Does this sound right.

 

Me thinks there is no dispute there.

 

HH

 

Yes, when a debt is sold the Data Controller must change from the OC to that of the Assignee's Data Controller: the new Creditor.

Note that, a data subject should be informed of the change in data controller!

 

However, and here lies the rub:

 

When the assignment is equitable and this is something that I have noticed, sometimes there are two names shown in relation to the data?

 

I believe that this must indicate both parties have their fingers in the proverbial pie.

 

Of course, I am open to correction if someone has a better explanation.

 

AC

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I'm trying to figure out what happened with the default notice with my MBNA account which is now with Arrow Global. The default with the CRA's is dated prior to the date the account was sold to Arrow Global, but is in Arrow Global's name and the last update to it was about a week after they bought the debt.

 

But in the letter that Arrow Global informed me they had bought the account they included a default notice, whilst it wasn't dated the date of the letter is after the date of the default notice registered with the CRA's. To the best of my knowledge MBNA never issued a default notice, or at least I don't have a record of one.

 

They're not actively pursuing the debt but I've decided to go after them, primarily to get the default removed. I've sent SAR requests to Arrow Global and MBNA to see what they can come up with - unsurprisingly, they've failed to comply within the 40 days. But I'm on their case and sending all the letters I can, albeit mainly so I can hit them for damages when I take them to court for failure to comply with the SAR.

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Hi,

 

Think you'd need to send £2 :(

 

Regards.

 

Scott.

 
 

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