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Notice of Sums in Arrears & Unlawful Default


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16/11/15 Loan Start Date £200

26/03/16 Default Notice (Did not receive)

01/07/16 Default Registered

26/10/16 Account Settled

17/08/17 Complaint to Creditor (Dismissed)

31/08/17 Referred to FOS (Ongoing)

 

07/10/17 Letter from Creditor (Very important)

 

Summary:

 

Took out a payday loan for someone in my name - stupid I know.

 

The agreement was signed and funds were transferred on 16/11/15.

No repayments were ever made.

Apparently a default notice was issued on the 26/03/16 but I do not recall receiving such notice.

A default was then registered on my credit file on 01/07/16 and I settled the account on 26/10/16.

The default is now showing as satisfied on my credit file.

 

I made an official complaint requesting the company remove it immediately because I didn't receive the notice.

The complaint was dismissed and currently with the financial ombudsman.

 

Since referring the case to the FOS they magically produced said default notice but it's the first time I've ever seen the document and it's missing legal information.

I believe they made it up purely for the sake of the complaint....

 

I received a letter yesterday from the creditor (bare in mind the case is currently with FOS) saying they should have send me a NOTICE OF SUMS IN ARREARS in accordance with section 86B of the CCA 1974 on the 16/06/16 and that they are sorry for any inconvenience caused.

 

They go on to state there was a system error that prevented the database from generating the notice.

This notice contains information about what I could have done to bring the account up to date and consequences of ignoring the notice.

 

Please refer to the dates above

- am I right in saying now they have owned up and apologised for not sending me this notice (required by FCA) that they wasn't entitled to enforce the agreement (Arrears Notice Penalty)?

 

It's bad enough I didn't receive the default notice but now this......

..I'm living a nightmare!

Is this new grounds for default removal?

 

Credit profile is now clear this is the only thing tarnishing it!

 

Any advise or template letters appreciated.

Edited by Reign
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The loan was defaulted upon

It will show for 6yrs regardless to you settling it

 

the NOSIA is nowt to to do with that

Neither is the fact you didn't get the dn

 

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... 

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