Jump to content


Who is responsible for removing a default?


Vagabond_UK
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2163 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Who is responsible in the following:

 

Person falls behind in payments to Creditor A... creditor A eventually defaults account and sells account to DCA.

 

DCA changes name on default, but subsequent enquiry reveals DCA cannot produce default notice, but refuse to remove as they are not the original creditor and request should be made to Creditor A.

 

But if DCA have bought the debt, surely they also buy the default given they have changed the creditor name on the entry, and it is they who should remove?

 

Maybe I'm wrong...

Link to post
Share on other sites

Who is responsible in the following:

 

Person falls behind in payments to Creditor A... creditor A eventually defaults account and sells account to DCA.

 

DCA changes name on default, but subsequent enquiry reveals DCA cannot produce default notice, but refuse to remove as they are not the original creditor and request should be made to Creditor A.

 

But if DCA have bought the debt, surely they also buy the default given they have changed the creditor name on the entry, and it is they who should remove?

 

Maybe I'm wrong...

 

No you are right. New owner is responsible. You can complain about the DCA to the FOS. If they cannot prove the default was correct, they should just get it removed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The DCA nor the creditor have to provide you with a copy defaul notice in order to maintain the default.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

OC placed it

OC is responsible for it

though a dca could remove it

 

however no-one needs to issue a DN to resister a default.

 

so why do you think it should be removed?

 

tell us the debts story and name names.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

The fact that the DCA cannot produce default notice is irrelevant. You do not need to even issue one to lodge a default. The default notice is issued, in simplified terms, to state a failure to clear arrears means future sums (the full debt) will be payable in due. Its a legal document.

 

 

CRA data is totally separate. That exists for lenders to make informed decisions about lending. If you owe money, you owe money and a lender wants to know that. To justify a default the creditor simply needs to evidence that the creditor who registered the default. Per the ICO website they would; expect a lender to keep records that are necessary to show an agreement exists and to support filing a default.

Link to post
Share on other sites

A default notice should be issued as it gives the debtor a legal notice to pay outstanding amounts owed and a timeframe in which to do so. Failure to follow the notice will end up with a default on the account.

 

Sadly many creditors generate them internally but never send them. When challenged they claim its an admin error

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...