Defaults - Didn't receive Original Help?

nikki2975

I've had a few issues with not receiving original default notices before defaults have been added to my credit file. After getting nowhere with the individual companies - (New Look,Argos & Kays) i contacted the FOS to complain.

All 3 complaints have come back that the default have been added correctly, is there anything else i can do to get these removed.


Argos
made a complaint to the FOS about charges and the default that has been added for my account.

Argos never sent me the original notice and they also didn't provide it to me when i cca'd them back in Jan 09.

Once the FOS got involved they provided them with this
http://i157.photobucket.com/albums/t...cture001-1.jpg

http://i157.photobucket.com/albums/t...cture002-1.jpg

The FOS say that Argos have correctly applied the default and won't ask them to remove it.

New Look - Ikano
http://i157.photobucket.com/albums/t...Picture002.jpg
http://i157.photobucket.com/albums/t...Picture003.jpg
http://i157.photobucket.com/albums/t...Picture004.jpg
http://i157.photobucket.com/albums/t...cuments002.jpg

Kays
http://i157.photobucket.com/albums/t...Picture005.jpg
http://i157.photobucket.com/albums/t...cture006-1.jpg

Any help/advice would be greatly appreciated

Thanks

Nikki

GeorgeUK

Not sure Argos would be required to provide a copy of the default notice with a CCA request. I think would with a SAR, but it looks like they probably don't have one.

Found this on the consumeractiongroup forum:

Default notices are legal documents that have to contain certain criteria as laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993.

They have to contain the following:

Name and address of creditor issuing default notice and name and address of the borrower.
Type of agreement and details of the breach of the agreement.
Early settlement figure (for fixed sum only).
The action to be taken by you to remedy the situation and comply with the agreement.
The next action that the creditor intends to takes, should you fail to comply with the agreement.
It's very important that default notices are correct legally as there is case law which states so:

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

In the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993 it states that:

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section
87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section
88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.

Will try to look in later after work and hopefully you'll have had some more replies.

(Might also be worth a read)
http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

nikki2975

Hi,

I did send an S.A.R and still never received it

Thanks

Nicole

DarkConvict

Under the SAR they are required to send all information they hold on you including default notices. You would complain to the ICO that they never sent all information, or say to the FOS the defaults were never provided as such it is possible they have created/forged these default letters with the date they should have been sent in response to a request from the FOS. To make it appear they were sent.

They can't prove it was sent and received. But they can knock up a letter in word in 10 minutes and stick any date on it.