No copy of default notice

[roncarr]

I did a SAR to a credit card company. They sent back a load of info but no copy of any default notice. I wrote back and asked for copies of default notices and they replied that they sent back all the info required and were "unable to provide you with copies of default notices".

 

Now I take this to mean they cannot find them and this also means they cannot procede with any legal action.

Does anyone know if this is correct?

[Pinky69]

Banks don't keep copies of DNs - they use templates for them. You need to check the history of the account in the SAR. If there is no record of it in the account history, then you can argue that they didn't send one. You need to make sure they terminated the account by asking for the full balance or selling it on to a DCA before you can use this information to your advantage. Don't raise it as an issue with them until you are sure of your facts.

[jon888999]

I've used this to prevent a claim before,

You need to state that you can find no trace of a default notice in your records and have no recollection of receiving one. Therefore you have to assume that no such document was issued.

 

Without a copy of the original you are unable to assess whether the default notice was valid and effective.

 

Of Course you need to keep this quiet until the account is terminated.

Then you argue that this is termination was unlawful and resulted in you being released from your obligations under the alleged contract.

Also if no enforceable CCA exists then the default notice is invald as how can you be defaulted on a contract that never existed.

 

I wouldn't try to use it to make a claim against a creditor, but it worked for me in stopping dead a claim from a very aggressive DCA. I don't want to name them though. Hello Guests!!!

 

May not be the exact legal position, but i've found most creditors are equally unaware of the exact law.

[roncarr]

The account is being chased by a DCA at the moment. I'm hoping I can use the fact that I do not have a copy of the default notice to stop any action being taken.

[jon888999]

The account is being chased by a DCA at the moment. I'm hoping I can use the fact that I do not have a copy of the default notice to stop any action being taken.

 

Do the DCA own the account or are they acting for the original creditor?

[discod]

so what does this mean?? I have been told by crap one that my account entered into default in december but i have had no actual defualt notice from them,im a bit blonde and do not understand what it means :grin:

[Pinky69]

roncarr - it is not a "copy" of the DN you might want to argue you don't have - it is the actual original DN as there never were any copies. This info is only of use to you if the original creditor terminated the agreement by Termination Notice Or asked for the full balance without a DN OR sold the debt on wothout a DN.

 

Discod - it is best if you have a problem to start a new post so your query doesn't get mixed up with someone else's and you get answers specific to you. It might help to scan CrapOne's letter so we can say exactly what it says. A default can simply be a breakdown in the relationship between creditor and debtor and might not merit a DN. I suggest you read the Information Commissioner's guide to filing defaults, which you can find on the ICO's website under the Data Protection section.

[discod]

roncarr - it is not a "copy" of the DN you might want to argue you don't have - it is the actual original DN as there never were any copies. This info is only of use to you if the original creditor terminated the agreement by Termination Notice Or asked for the full balance without a DN OR sold the debt on wothout a DN.

 

Discod - it is best if you have a problem to start a new post so your query doesn't get mixed up with someone else's and you get answers specific to you. It might help to scan CrapOne's letter so we can say exactly what it says. A default can simply be a breakdown in the relationship between creditor and debtor and might not merit a DN. I suggest you read the Information Commissioner's guide to filing defaults, which you can find on the ICO's website under the Data Protection section.

 

I already did and nobody answered il hae to find to post

 

 

I write in response to your requset for a copy of your executed agreement and statement of account under section 78 (s7:cool:of the CCA act 1974.

You are correct in stating that we do not need to request a signature for your request under S78nof the CCA.However for data protection purposes we request a signature to confirm your identity.As your address matches the one we have on the system I will proceed with your S78 request..

I enclose a scanned copy of your original agreement with Capital One.Please note that this sets out your name and address at the time you entered into your agreement with Cap One.Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your credit card. (the application was done online and my partner does not recall signing anything)

I also enclose a S78 statement of account which is set out at the end of this letter.

 

We are currently in the process of retrieving a copy of your current terms and conditions and will send this to you shortly. The balance on your account remains due and owing and it is important that you continue to make at least the minimum amount set out in your monthly statements. Failure to maintain payments may result in collections activity and a defualt notice being recorded on your file with the CRA.

 

If you are using or considering using the services of a claim management company we refer you to the warnings issued by the Ministry of Justice with regard to misleading statements issued by some of these firms about their ability to get debts written off.

 

Statement of account

 

Your account is in default and the amount currently due and payable is £960.49,you must continue to make payments on your account.

Under section 78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 8th Decemeber 09.

Should you have any queries relating to the enclosed documentation write to the following address blah blah blah

 

 

Yours sincerely Lauran Tomasik Executive Office

[jon888999]

roncarr - it is not a "copy" of the DN you might want to argue you don't have - it is the actual original DN as there never were any copies. This info is only of use to you if the original creditor terminated the agreement by Termination Notice Or asked for the full balance without a DN OR sold the debt on wothout a DN.

 

Discod - it is best if you have a problem to start a new post so your query doesn't get mixed up with someone else's and you get answers specific to you. It might help to scan CrapOne's letter so we can say exactly what it says. A default can simply be a breakdown in the relationship between creditor and debtor and might not merit a DN. I suggest you read the Information Commissioner's guide to filing defaults, which you can find on the ICO's website under the Data Protection section.

 

Deny receiving such document and put the creditor to strict proof such a document existed, without a copy it would be very difficult for them to prove. Only works if you are defending a claim.

[discod]

Deny receiving what please if u mean the default letter do u mean the one i posted above x

[Pinky69]

If there is no trace of a DN having been sent on the recorded history you should have with your SAr then you can dispute a DN was ever sent. It not only works if you are defending a claim but also if you are trying to get defaults removed from your credit records and you are arguing the defaults were entered after the agreement was terminated without prior issue of a DN.

[roncarr]

I don't know if the DCA own the debt or if they are acting on behalf of the original creditor. How can I work or find that out?

[Pinky69]

The most straightforward way is to ask the DCA if they bought it.