OUSBA Default notice Challenge

ryanmummy1610

Hi,
I am in the process of challenging OUSBA on the default notice that they issued to me. They served the DN on the 4th July 2014 which was a Friday. The date for remedy contained within the DN was the 18th July. Given service rules under CCA 74, I am assuming the correct date for remedy would therefore be the 22 July or after. Am I correct? If this is the case, the DN would be deemed invalid.
I have also noticed that on the Equifax CRA it shows the default date as the 25 July - this is the date that the agreement was terminated NOT the date of default. The balance on the CRA as defaulted totals the amount £325 not the arrears amount stated in the notice.
Would I have a sufficient challenge with this as it is now affecting a mortgage application.

antrobus

ryanmummy1610 wrote: »

Hi,
I am in the process of challenging OUSBA on the default notice that they issued to me. They served the DN on the 4th July 2014 which was a Friday. The date for remedy contained within the DN was the 18th July. Given service rules under CCA 74, I am assuming the correct date for remedy would therefore be the 22 July or after. Am I correct? If this is the case, the DN would be deemed invalid.
I have also noticed that on the Equifax CRA it shows the default date as the 25 July - this is the date that the agreement was terminated NOT the date of default. The balance on the CRA as defaulted totals the amount £325 not the arrears amount stated in the notice.
Would I have a sufficient challenge with this as it is now affecting a mortgage application.

while it may be a requirement of the Consumer Credit Act to issue a default notice, there is no DPA obligation on a lender to issue a default notice to individuals before marking an account as being in default on their credit file

https://ico.org.uk/for-the-public/credit/

The validity of a default notice might effect the ability of a lender to take enforcement action, but it doesn't change the fact that there was a default. Are you disputing the fact that you didn't pay OUSBA?

Ben8282

Unless you have a valid dispute, why don't you pay up? Do you really expect anybody to give a mortgage to a person whose financial situation is such that they have defaulted for £325! (In the absence of any valid dispute inability to pay will be the assumed reason for the default).