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Information on a Default Notice


Mortious
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The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993 basically updates and beefs out some of the legislation in the CCA1974.

 

You should actually put the Consumer Credit (Enforcement, Default and Termination Notices) (Amended) Regulations 2004 as these are the current regulations.

 

I sent it in writing to them, they did not update it (but i did not send it registered).

 

There is no requirement for you to send this information registered or recorded delivery. A second class stamp is sufficient.

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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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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letter sent.

 

Spoken with my company legal team and they are in agreement that they can not send a template and to push them to get what i want, otherwise get them to remove it.

 

Let you know.

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Good luck Nye. Just a little bit of info if they do ever manage to send you a copy of the default. 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.

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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Thanks for the info. THe default was meant to have been sent in november...or at least thats when it went on my credit report....

Let you all know.

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Hi There - can anyone help me regarding a deafult notice issued by Next Directory?

 

I went into arrears with them in October 2005 & offered repayment according to National Debtline budget sheet & letters, and they continuosly refused - I continued to make payments even though they refused my offers and went on a DMP - the outstanding debt is still being paid through this DMP.

 

I have looked at my credit report & I have a default notice from them, I never received any letters/notices from them and started the procedure as mentioned above.

 

They have responded: -

1) They do not hold a CCA agreement with me.

2) The account is being managed by Moorcroft - I am paying a different

company

3) The default will stay on my credit file for 6 years

4) Enclosed a copy of a letter, unsigned & undated advising that my

account is in arrears advising of 5 options - 2) says a default notice

may be issued - I have never seen this letter!

They state that it is not a legal requirement for them to produce a

certified/true default notice.

5) Their t&c's constitute an agreement - They do not not have a signed copy.

 

My questions are

 

1) The letter enclosed does not seem to meet the criteria of what is supposed to be a default notice, regardless of this, I have never seen it before.

 

2) Can Next issue/amend credit files without a CCA agreement

 

3) Can anyone give me any advice please?

 

Thanks in advance!!

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Can Next issue/amend credit files without a CCA agreement

 

Simple answer is no. They are in breach of the Data Protection Act in procesing your information without a document giving your consent (in this case this would have to be a credit agreement).

 

Also, as there is no copy of the credit agreement the debt is unenforceable.

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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Hi rory32!!!

 

Thanks for your quick reply!

 

I have written to them asking them to remove the default notice! I thought I may have jumped the gun though! So thanks for confirming.

 

I am paying the debt through my DMP - but I did not acknowledge teh debt in my letter to them. I intend to pay them off - it is my debt - but can I threaten to stop payments until the default is removed - what action can i take if any, against them?

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One they have defaulted on supply a true copy of the agreement (this would be on the 13th working day after they received your request) you can legally withhold all payment until the agreement is produced. You can also report them to the ICO for processing your info without an agreement.

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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Hi again,

Sorry to be a pain!

 

My original request was sent on 19 April 07 recorded delivery, I enclosed a cheque for£1 which was debited on 25 April, had no response - write again on 4 June 07 recorded delivery, they responded with a letter dated 12 June 07.

Before I came on here today - I called the Information Commissioner and they said they couldn't deal with it!!!! So I wrote to Next to ask them to remove teh default notice as they do not hold any authority to access my credit file, and also that they did not provide a default notice.

Then I thought I may have acted too quickly & came on here for advice!!

Are there any template letters re Default Notices (no agreements/CCA/DPA) on here - the only one I could find were relating to defaults because of charges applied?

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If you read this link Remove Default Notices on a Credit File - We show you how you probably need to send letter 4.

  • 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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  • 2 weeks later...

Hi there - sorry to hijack your thread - hoping rory32's about??

 

Next have written back claiming they do not need to provide a true/signed default notice & that a signed application form (which they do not have) gives them authority to process my data?????

 

Any ideas /template????

 

Ta

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  • 3 weeks later...

Right,

 

i have got a reply to my letter....

 

"We confirm that Debt Recovery letters are systematically produced, the law merely requires us to provide, if requested a copy of the letter sent.

 

Please find enclosed a copy of our intentions to file a default notice to you, which was issued on the 3rd June 2007.

 

I trust the information i have provided to you is to your satisfaction but should you require.......blah blah"

 

Two questions!

 

1. They are still holding out on the law side....is this true, can i request them to show me where the law states this? They have confirmed on the phone that it is their lawyers interpritation.

 

2. The second part they wrote about the copy of intention to file a default....they already defaulted the account last year....can they default it twice.....

 

3. i know...i have paid off the debt it full in mid June, and stated the default will be confirmed as settled on my credit reports at the end of quarter 1....end of june....this is not the case....can i push abck on them!?

 

I am seeking elgal advice already but anything here you can give help on would be good to take to my solicitor.

 

 

Regards

 

Nye

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1. They are still holding out on the law side....is this true, can i request them to show me where the law states this?

Yes. You would after all expect them to justify their arguement - just as you have to justify yours.

 

2. The second part they wrote about the copy of intention to file a default....they already defaulted the account last year....can they default it twice.....

 

No you can only default an account once. However this doesn't stop some companies trying to apply more than one default.

 

3. i know...i have paid off the debt it full in mid June, and stated the default will be confirmed as settled on my credit reports at the end of quarter 1....end of june....this is not the case....can i push abck on them!?

 

The data kept on your credit file must be accurate (this is part of The Data Protection Act). Please note though that a default that is marked as settled still shows up as a default on your credit file.

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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another thing about credit report.

it shows as defaulted...and the accoutn balance still as £xxx, but i have paid this off and should really show zero...otherwise it misrepresents the true nature of the account.

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  • 4 weeks later...

Hi Mortious

 

I would be really interested to know how you got on with HFC. Here's my thread - I basically exhausted their internal complaints system trying to get my defaults removed (three!), none of which they could substantiate with a 'signed, true' copy - merely templates.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/78968-b8byd-hfc-bank-default.html

 

I would now like to forward my complaint to the Information Commissioner, but am interested to know how you got on.......

b8byd :D

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Hi,

 

I too got the same responses as you....they are automatically created.

 

I got my company legal team (i work for a huge american company) and they phoned them up on my behalf and have told them to send another one. That was weeks ago and have heard nothing.

 

Going to legal today and they will start actions against HFC for not acting upon requests!

 

I will update as i go if i get anything....

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Thank you, that's great. Its good to have a legal team behind you as it appears that HFC are quite persistant.

 

Have you thought about why they defend their position on this so strongly? I can't understand why they are risking a complaint from the ICO on something that, as far as I can see, doesn't really effect them...

b8byd :D

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they keeps saying that they are refereing to a piece of law that states they only have to provide the type of letter sent.

Before i went 100% written i spoke with some1 on the phone with them.....they said this is how their legal department at HFC have interperated the law....not necassarily what it says or means!

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Yeah exactly - and by saying its their interpretation they are more or less saying its a load of twoddle. But what I want to know is, why do they care? When the going gets tough, why don't they just remove the defaults - surely it makes no difference to them?

b8byd :D

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  • 2 months later...

Hello i have been reading through this thread and i hope that ou have managed to get your defaults removed

 

At this moment in time i am going throught the same process with Barclaycard but when i asked for my details they sent me some one elses details everything about them from how much they earn, account number, mothers madien name, home address etc, theonly thing that we had in common was the same name.

 

I dont know what to do now as Barclaycard must be in breach for sending me someone elses file

 

Any help would be very greatful ?

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just thought ill let u know. have taken hbos to court as i never received a default notice. they have just sent me one, again its a template with no details on it. my account started 2005, cant believe this ,default notice dated 1997

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I dont know what to do now as Barclaycard must be in breach for sending me someone elses file

 

They are in breach of the Data Protection Act. You need to raise this with Barclaycard and threaten to report them. Also you need to send the information you have received to the other person and enclose a covering note explaining how you came about it. This is a very serious breach of the Data Protection Act by Barclaycard.

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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