Recieved a Default Notice

alboy850

Hi,

After being in a DMP with Stepchange for the last eight months I have received a default notice from my CC company saying they MAY do this or MAY do that. Reading through the threads on this forum over the last few months I am going to write a letter stating that they have had a copy of my budget and I can not afford anymore extra payments and please halt any interest. I did this with my HSBC default a month or so ago and so far I have not heard back from them.

Also reading aswell I have noticed that there may be an issue with a signed credit agreement. From memory I applied for this CC online and I can not recall ever sending or signing anything, should I ask for a copy of this?

Thanks in advance for any support.

fermi

When did you apply?

From the beginning of 2005, the law changed allowing binding credit agreements to be agreed electronically online.

alboy850

After 2005.

fermi

If done online after 2004/5, then a credit agreement you physically signed is not required, even in court. Some sort of evidence that you agreed to valid T&Cs electronically may be all that is needed.

If after April 2007, then even non-vaild agreements may be enforced at the discretion of the court.

May still be worth it to see what they provide. Not everything, even done electronically, is valid. And if they have not kept records, even after those dates, it can benefit you to see what they have.