Who can issue defaults?

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ScaredWitless
ScaredWitless Posts: 157 Forumite
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in Credit file & ratings
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.
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  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    ScaredWitless wrote: »
    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.



    The person who has the debt, I presume you have defaulted?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    ScaredWitless wrote: »
    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.

    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 Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ScaredWitless
    ScaredWitless Posts: 157 Forumite
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    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
    Candyapple Posts: 3,384 Forumite
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    ScaredWitless wrote: »
    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.


    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
    ScaredWitless Posts: 157 Forumite
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    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
    Candyapple Posts: 3,384 Forumite
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    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
    glentoran99 Posts: 5,821 Forumite
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    ScaredWitless wrote: »
    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.

    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
    ScaredWitless Posts: 157 Forumite
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    It was origionally from MBNA, who then sold it to Max Recovery Limited.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 9 June 2017 at 4:46PM
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    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.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ScaredWitless
    ScaredWitless Posts: 157 Forumite
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    So what about the fact that Drydens, who don't owe the debt, issued a default on with the CRA!?
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