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Default Notice - Signature required?

Hey all,

A quick question which I think may need some clarifying.
I've read several threads on MSE and articles about what information must be contained within a Default Notice and the time frames required etc. But there is one question which I am really struggling to find the answer for.

Must a Default Notice have a signature from the person who verified the information to be deemed as legally served, or if a Default Notice is provided just with a computer typed name is this classed as incorrectly / unlawfully served?

Apologies if this question has been answered previously, I have searched to no avail.

I ask as I have received yesterday a copy of a default notice for a three year old debt that was sent to me via email. However I have never received this at both my current or previous address, nor did I receive the Notice of Default and there is a default registered on my credit file with this company.

Thanks in advance,
Its easier to make decisions in life, than it is to live with them.
Remember the night is always darkest before the dawn!

Comments

  • Can't answer 100% but looks fishy to me.

    You say a 3 year old account. From opening or last payment?
    :beer:
  • Tixy
    Tixy Posts: 31,455 Forumite
    The creditor would need to demonstrate a default notice was sent, but not that you ever received it.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Many documents come without a traditional signature these days, including some legal notices served by courts. I would therefore doubt that the lack of such invalidates the notice in any way.

    It is however worth noting that the ICO guidelines the issuing of defaults require that the notice be issued within 6 months of the breakdown of the agreement (eg last payment made) so you should ensure that the default date is appropriate.
  • Thanks for your advice all.

    Really appreciated.
    Its easier to make decisions in life, than it is to live with them.
    Remember the night is always darkest before the dawn!
This discussion has been closed.
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