Default Notice not received

james35_2

Hi forum, I wonder if you can help me please?

I’m trying to obtain a copy of a default notice from a lender which apparently they sent me but I have no recollection of ever receiving such a notice, and so require them to substantiate it. If they can't then I'll ask them to remove it from my files as unsubstantiated.

I wrote to them asking for this information but they wrote back saying that as the account in question has been paid in full there is now no longer a credit agreement. They go on to state that Section 78 (1) refers to active agreements so they are under no legal requirement to send me this.

Is there anything else I can do please to get this information?

Many thanks
James

rizla_king

No, as there isn't any legislation that says they have to provide a copy or even keep a copy themselves.

Tixy

The credit agreement paperwork still exists but the CCA request template isn't they way to get a copy of it.
You'd need to send a subject access request under the data protection act. That may also show you a copy of the default notice sent, but it may not as they don't have to keep a copy, just a dated note that one was sent.