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Can an agent issue a DN on behalf of OC?


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I have spent many hours reading to try and determine if an agent acting on behalf of the OC can issue a default notice? The reading has been invaluable but I could not find an example of this scenario.

 

I downloaded and printed the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

 

(Recommended for anyone not already familiar with the document. Apologies, closed all windows and lost link, will find and post as it is useful)

 

Even if they are permitted to issue the DN, there is no mention of the OC address which is supposed to be included. All other components seemed ok.

 

Does this leave the OC able to issue another DN as the agent issued the first one?

 

:confused::confused:

 

There has been no assignment, the OC is still the owner and has used various 'agents'. Several of whom have demanded repayment of the full amount. This consitutes termination of the agreement as far as I have learned in my readings to date.

 

 

Any thoughts appreciated.

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good point,

 

Howevr the agent is working on behalf so they can only issue a default notice in their name. the oc that is; not on the agentsl

 

Also if the ageement is ended they can not as there is no ageement

 

thanks to BRW

 

The Termination is key, because it means they cannot then fix the defective Default Notice, as by then there is no longer a live Agreement capable of having a Default Notice issued upon it.

 

Termination just means the ending of the Agreement, so can take a variety of forms. Amex will probably send a letter, assuming they have not done so already (search your home for that letter if you think they have already sent it), and the letter will say the Agreement is cancelled.

 

Cancel/Terminate/End...all mean the same thing.

 

Likewise, they can also Terminate by doing something that is not in keeping with there being a live Agreement. For example, if you had a Balance of £10k and had £500 of Arrears, then if they demand the full £10k Balance rather than just Arrears, then that is Termination. It is a clear signal that they regard the Agreement has ended, because the demand for the whole Balance shows they no longer regard you as having the Agreement benefit of being able to pay off the Balance stretching out into the future.

 

This is important because s87/88 of The Consumer Credit Act 1974 sets out what a Creditor must do if they wish to Terminate a Regulated Agreement when the Consumer is in default of that Agreement (i.e. in Arrears or has done, or not done something the Agreement required).

 

Read s87 and s88, and you will see what a Default Notice means, and why a Creditor must have a valid one before Termination if they wish to enjoy the benefits of s87...those being the right to take the next step, Terminate and/or demand early repayment of a sum only otherwise due in the future.

 

If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed.

 

Read the first page or two of this Thread to get a feel for how the Default Notice and Termination issues work:

 

A Tale of a Dodgy DN

 

 

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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