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Is this Default notice correct?


0Das0
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Hello all,

 

I've received this "copy" of a default notice sent to me by a creditor. I never received it in the first place but now reading through, I can spot some glaring omissions, like the time period, underlining and bolding correct text.

 

Just so I know for sure can anybody take a look and tell me for definite that it is incorrect, then what should I say back to them?

 

Many thanks in advance.Deafult notice.zip

Edited by 0Das0

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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I am sure someone will be along soon.. I am having trouble opening pdf files as the moment .. so it will be a while before I can help..

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can you perhaps just list the errors as you perceive them.

 

FYI

 

The DN must allow 14 days + for posting (2 business days - 1st class and 4 business days - 2nd/UK Mail) (Business days are Monday to Friday, excluding Bank Holidays)

 

The DN must only ask for arrears

 

When was the DN dated ? If after 2008 (I think) it has to enclose an OFT notice and also mention within the DN that it is enclosed and if not, for the recipient to contact the Creditor for a copy.

 

Certain parts of the DN are to be more prominent

 

There are probably other requirements.. but off the top of my head I cant recall them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that.

 

What would you suggest sending to the Creditor? A letter stating this is not a default notice but a notice of default. Therefore the default is not valid and I would like it removed from my credit file immediately? Or is there a formal letter for this?

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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Yes they have marked my credit file. Though I had never received a default notice letter.

 

I then sent them a letter saying I feel this default was added unlawfully quoting CCA 1974 s.87(1).

 

They then sent this in reply, which I now find isn't even a default notice. So I'm not sure what I need to write back to them.

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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You could make a complaint to the ICO who if they find in your favour may give them wrapped knuckles but the problem is, if you do owe the debt and it is in arrears there would be nothing to stop them issuing another correct DN & then updating your credit file which would reset the Statute Barred clock.

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A default on a credit file is unrelated to a default notice. The credit file simply records the fact you have defaulted, and it is up to the creditor when they decide to record it. There are no required notices to be served to go with it, so if you have defaulted then the registration on your credit file is legitimate.

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A default on a credit file is unrelated to a default notice. The credit file simply records the fact you have defaulted, and it is up to the creditor when they decide to record it. There are no required notices to be served to go with it, so if you have defaulted then the registration on your credit file is legitimate.

 

That doesn't seem to make much sense to me I'm afraid. If a default on a credit file is unrelated then what is the whole point of default notices and pretty much every thread regarding default notices being served/incorrect and getting them removed?

 

Also seeing as a default notice is a statutory notice required by law I don't think it's something they can serve when they feel like it.

Edited by 0Das0

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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quite right. if it is a cca regulated matter then a def notice would be required

 

there are always 'ghosts in the machine'

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to add, if a dn is applicable then there should not be a default on cra before a dn. a dn gives a debtor a chance to remedy the breach (default). once there is non remedy a default can be registered, then it would be difficult to remove.

for some further default info see eg http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info

Edited by Ford
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