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Information Held By Credit Reference Agencies - Next Directory


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Under s87 of the CCA1974 they have to provide you with a true signed copy of the original default notice. The default notice has to conform to the format of s88 of the CCA 1974. The information in the default notice has to be accurate and in its content conform to the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004. If the default occurred on or after 1st October 2006 the period of notice given in the default notice should be 14 days not 7 days.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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However, the issue of being able to supply you with a true signed copy of the default notice is slightly irrelevant. If (as I think has been pointed out before) they do not have a copy of the credit agreement they are in breach of the Data Protection Act 1998 by processing your information without a document giving your consent to do so.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Can you think of anything else I should be doing?

You may want to send them a section 10 notice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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