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  • FIRST POST
    • ScaredWitless
    • By ScaredWitless 8th Jun 17, 8:50 PM
    • 78Posts
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    ScaredWitless
    Who can issue defaults?
    • #1
    • 8th Jun 17, 8:50 PM
    Who can issue defaults? 8th Jun 17 at 8:50 PM
    Who can issue a default on your credit file?

    Is it the data controller/debt purchaser!?

    I have received no default notice and no warning letter prior to the issue being slapped on my credit file.
Page 1
    • glentoran99
    • By glentoran99 8th Jun 17, 8:55 PM
    • 4,394 Posts
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    glentoran99
    • #2
    • 8th Jun 17, 8:55 PM
    • #2
    • 8th Jun 17, 8:55 PM
    Who can issue a default on your credit file?

    Is it the data controller/debt purchaser!?

    I have received no default notice and no warning letter prior to the issue being slapped on my credit file.
    Originally posted by ScaredWitless


    The person who has the debt, I presume you have defaulted?
    • sourcrates
    • By sourcrates 8th Jun 17, 8:59 PM
    • 11,165 Posts
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    sourcrates
    • #3
    • 8th Jun 17, 8:59 PM
    • #3
    • 8th Jun 17, 8:59 PM
    Who can issue a default on your credit file?

    Is it the data controller/debt purchaser!?

    I have received no default notice and no warning letter prior to the issue being slapped on my credit file.
    Originally posted by ScaredWitless
    Whoever you forgot to pay on time !!

    The breach created by not sending a default notice, can be remedied by the issuing of a new one.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • ScaredWitless
    • By ScaredWitless 9th Jun 17, 9:44 AM
    • 78 Posts
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    ScaredWitless
    • #4
    • 9th Jun 17, 9:44 AM
    • #4
    • 9th Jun 17, 9:44 AM
    I thought that under section 87(1) of the consumer credit act 1974 a default notice must be issued before a default can be given.

    I have asked repeatedly for the owner of the debt Max Recovery Limited for a CCA agreement under CCA 1974 and a deed of assignment, which I should have been sent when they purchased the debt.

    Drydensfairfax Solicitors have slapped the default on my CRA but they are not the debt owners.

    The owner of the debt is Max Recovery Limited and its them who should have issued the default not Drydens.
    • Candyapple
    • By Candyapple 9th Jun 17, 10:25 AM
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    Candyapple
    • #5
    • 9th Jun 17, 10:25 AM
    • #5
    • 9th Jun 17, 10:25 AM
    Drydensfairfax Solicitors have slapped the default on my CRA but they are not the debt owners.

    The owner of the debt is Max Recovery Limited and its them who should have issued the default not Drydens.
    Originally posted by ScaredWitless

    Not necessarily, if Max Recovery sold the debt to Dryden then they own the account and would be the ones to issue a default.

    Edit: Just found this on Google which suggests they are one and the same company just under a different umbrella?
    https://www.jpmorgan.com/country/US/EN/maxrecovery/uk
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
    • ScaredWitless
    • By ScaredWitless 9th Jun 17, 10:27 AM
    • 78 Posts
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    ScaredWitless
    • #6
    • 9th Jun 17, 10:27 AM
    • #6
    • 9th Jun 17, 10:27 AM
    No, its still Max Recovery Limited who still owe the debt because I get yearly statements through and its still them.

    Drydens are just acting to collect.

    I have never received a deed of assignment from either Max Recovery or Drydens so this is why its very confusing.

    I have written a nasty letter to Drydens regarding this matter so it will be interesting to see what reply I get back from them!!
    • Candyapple
    • By Candyapple 9th Jun 17, 10:43 AM
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    Candyapple
    • #7
    • 9th Jun 17, 10:43 AM
    • #7
    • 9th Jun 17, 10:43 AM
    So which company owned the debt originally, since Max Recovery Ltd are still debt collectors.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
    • glentoran99
    • By glentoran99 9th Jun 17, 10:47 AM
    • 4,394 Posts
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    glentoran99
    • #8
    • 9th Jun 17, 10:47 AM
    • #8
    • 9th Jun 17, 10:47 AM
    I thought that under section 87(1) of the consumer credit act 1974 a default notice must be issued before a default can be given.

    I have asked repeatedly for the owner of the debt Max Recovery Limited for a CCA agreement under CCA 1974 and a deed of assignment, which I should have been sent when they purchased the debt.

    Drydensfairfax Solicitors have slapped the default on my CRA but they are not the debt owners.

    The owner of the debt is Max Recovery Limited and its them who should have issued the default not Drydens.
    Originally posted by ScaredWitless
    you're not entitled to this and my understanding is they don't need to issue a default notice first, this would have been outlined in your terms when you borrowed the money,


    Your debt has been sold to debt collectors you've obviously defaulted
    • ScaredWitless
    • By ScaredWitless 9th Jun 17, 4:36 PM
    • 78 Posts
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    ScaredWitless
    • #9
    • 9th Jun 17, 4:36 PM
    • #9
    • 9th Jun 17, 4:36 PM
    It was origionally from MBNA, who then sold it to Max Recovery Limited.
    • sourcrates
    • By sourcrates 9th Jun 17, 4:42 PM
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    sourcrates
    Only a court has a lawful right to see a Deed of Assignment, which is a list of a number of sale transactions, of which your debt is only one. What you want is a Notice of Assignment, which is proof from the creditor that they have sold the debt on, and which they should have sent to you. Your argument with the DCA is that you did not receive a Notice of Assignment from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.

    Regarding the CCA request, did you make an official request under sec 77/79 consumer credit act 1978 and enclose the £1 statutory payment ?

    If not, then its not valid, and you need to do it again.
    Last edited by sourcrates; 09-06-2017 at 4:46 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • ScaredWitless
    • By ScaredWitless 9th Jun 17, 4:45 PM
    • 78 Posts
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    ScaredWitless
    So what about the fact that Drydens, who don't owe the debt, issued a default on with the CRA!?
    • sourcrates
    • By sourcrates 9th Jun 17, 4:49 PM
    • 11,165 Posts
    • 10,832 Thanks
    sourcrates
    So what about the fact that Drydens, who don't owe the debt, issued a default on with the CRA!?
    Originally posted by ScaredWitless
    Only the owner of the debt can register a default against your credit file.

    I would ask for clarification, and then send a written complaint if what you say is true.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • ScaredWitless
    • By ScaredWitless 9th Jun 17, 5:10 PM
    • 78 Posts
    • 6 Thanks
    ScaredWitless
    I've just had an email from the Compliance Officer at Drydens and he has said he will provide me with a final response in due course.

    He asked me for a screen shot of my CRA which I happily provided.

    Its interesting to note that the entry refers to Fairfax Solicitors LTD, whoever this company disolved in 2003, and yet were the same address as Drydensfairfax Solicitors.

    Curious isn't it!!
    • sourcrates
    • By sourcrates 9th Jun 17, 5:31 PM
    • 11,165 Posts
    • 10,832 Thanks
    sourcrates
    I've just had an email from the Compliance Officer at Drydens and he has said he will provide me with a final response in due course.

    He asked me for a screen shot of my CRA which I happily provided.

    Its interesting to note that the entry refers to Fairfax Solicitors LTD, whoever this company disolved in 2003, and yet were the same address as Drydensfairfax Solicitors.

    Curious isn't it!!
    Originally posted by ScaredWitless
    They are one and the same company.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • ScaredWitless
    • By ScaredWitless 14th Jun 17, 2:46 PM
    • 78 Posts
    • 6 Thanks
    ScaredWitless
    If Drydens refuse to remove the default when they don't owe the debt, what is my next step please?
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