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Can I have Default Notices removed

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18 months ago i went down the road of CCA requests for 2 credit card accounts, both companies ignored me or sent current terms rather than original signed agreements. went to the FOS who found that I still owed the money inspite of there being no agreement, but they did at least get the companies to admit they held no actual signed agreements. I also SAR'd them both. The probnlem is, they have issued default notices last year, neither of which I knew about until the SAR.

 

The question I have is can they issue a default notice when they have failed to produce the signed agreement? Surely they are still in default of my original request?

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Will move your thread.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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moved to where and why?

 

Hi,

I'm assuming your thread was in the wrong forum hence the move. You can continue posting as normal.

 

Even though the original creditor cannot supply the agreement, the debt still exists and as such the reporting of your creditworthiness is allowed. Just because they don't have a copy of your signature giving your permission, the act of using the facilities is enough to allow the creditor to mark your file (thanks to a test case last year)


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Can they issue a default notice whilst the account is in dispute?

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since the test case last year, reporting on your credit file is now NOT considered enforcement. A lot of creditors think that as they have supplied terms and conditions on a CCA request, they have complied and continue reporting.

 

The only way I know of (and it's risky at best) to stop them reporting is to take them to court


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I have read about the test case, the question I have is based around the technicalities of them defaulting on my request for a signed agreement. If they fail to comply with my request can they issue a default notice. Clearly these 2 companies will claim they've complied by sending term etc, but if they have not complied, can a DN be issued?

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moved to where and why?

 

The welcome forum (which is where the post was originally) is for new members to post introductory threads.

This forum here deals with default issues,and so I thought it was the best place to move.

I see Silverfox has already given some good pointers.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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