Sect 87 Default Notice - Method of Communication

MH12345

Hi,

Might seem like a strange question but can anyone please help me?
Can any creditors send me a Section 87 default notice by email or does it have to be in paper format?
They've sent it as an online PDF, which was password protected. It looked just like a letter but I got it via email.

Any help/advise is appreciated,

Thanks.

sourcrates

Usually comes in the form of a letter, I don't think there is anything which says it can't be in the form of an email/PDF file though.

I would think it is still valid.

fermi

May have changed again in the meantime after this date, but....

http://www.legislation.gov.uk/uksi/2004/3237/regulation/3/made

fermi

From explanatory note.

Which in the light of the reasoning there, I imagine would still stand.

4. Legislative Background

4.1 These Regulations amend the existing regulations which prescribe the form and content of certain notices to be given under the Consumer Credit Act 1974 before
a creditor (in the case of a credit agreement) or owner (in the case of a hire agreement) may take certain steps to enforce a regulated agreement against a debtor or hirer.

The amendment expressly requires that such notices must be provided on paper as notices are generally issued to borrowers who have breached the regulated agreement (e.g. fallen behind with their repayments) or where the creditor or owner wishes to terminate the regulated agreement for reasons other than a breach.

The effect of default action or termination will have a significant impact on the rights of the debtor or hirer. The likelihood that default is a result of financial hardship – and that individuals who are experiencing such financial difficulties may no longer have access to the equipment or network access that enabled them to contract by electronic communications in the first place – makes an insistence on paper communication an essential safeguard for the rights of debtors and hirers.