default in to a CCJ after nearly 6 years

HappyMJ

The creditor must send a copy of the default notice to the debtor every 6 months. In this case it appears the bank has made an error and not sent notices and when they did they only sent a notice of arrears.

fermi

HappyMJ wrote: »

Really? Are you sure? According to the Consumer Credit Act 2006 it appears that the creditor has not been issuing default notices and has no right to recover the sums due under the agreement

A default has already been registered for this account with the CRAs, and it's not unreasonable to assume that a formal default notice under the CCA proceeded that.

I think some of you are getting things a bit mixed up and are likely to confuse the OP.

The bottom line is that the creditor in this case is almost certainly entitled to issue proceedings for a CCJ. That applies even when the default no longer shows with the CRAs.

fermi

HappyMJ wrote: »

The creditor must send a copy of the default notice to the debtor every 6 months.

Not true. They just have to issue a notice regarding the arrears which includes the default amount.

The original effective default notice is only issued once.

bayston1

Thanks for all the advice. I have just spoken to the debt collector and they are demanding that i inform them of both mine and my wife's income and expenditure. The debt is in my name.

I currently pay the mortgage and other bills but the actual mortgage is in my wife name and always has been.

Can they legally as for her income, tax credits etc or are they just looking to scare me, even though it is my name on the credit card.

My wife has just graduated as a doctor and has about £45,000 of her own debts to worry about.

Should i seek legal advice?

RAS

Hi

They cannot forget that.

You need to list your income and debts, although I doubt they will accept you paying all the mortgage which is in her name. half maybe. they are not entitled to know about her income or debts.

bayston1

What about if they start to threaten taking this further and do not except this information, I am thinking that taking legal advice is the best option.

I have paid two payments over the last week in total £100. will this make any difference?

RAS

Whilst you are in debt, they have the right to take legal action.

You need to find

1. The original CCA if this was a loan, CC or store card.
2. the default notice.

if you do not have them, then you need to put in a subject access request.

if either of these documents are faulty, you can defend any court action.

bayston1

Who would i contact for a "subject access request". Also what should i be looking for to see if there is anything faulty?

Who would keep copies of the consumer credit agreement and also the default notice. I certainly do not have any of these.

Thanks