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Legal obligation to provide a copy of default notice?
jd0963
Posts: 21 Forumite
Hi all, just looking for a bit of advice..
I wrote to the DCA (for an old credit card I had) requesting a copy of the original default notice under the Consumer Credit Act.. they wrote back with the following
"We are not obliged to provide a copy of the original notice, only evidence that it was normal practice to issue and evidence to support the default being registered. It is therefore acceptable to provide a copy of the data that was on the default notice. I wish the point out that section 189 of the consumer credit act 1974 refers to definitions within the act"
Is this correct or are they fobbing me off?
Many thanks!:o
I wrote to the DCA (for an old credit card I had) requesting a copy of the original default notice under the Consumer Credit Act.. they wrote back with the following
"We are not obliged to provide a copy of the original notice, only evidence that it was normal practice to issue and evidence to support the default being registered. It is therefore acceptable to provide a copy of the data that was on the default notice. I wish the point out that section 189 of the consumer credit act 1974 refers to definitions within the act"
Is this correct or are they fobbing me off?
Many thanks!:o
0
Comments
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Correct, there is no legal obligation to provide copies.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Not sure what relevance s189 has to it though.0
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Not sure what relevance s189 has to it though.
Probebly someone new in the compliance dept has poor copy and paste skills !!!!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
A lot of the nonsense templates on default removal, or over enthusiastic CCA requests, point out that under s189 a DCA legally assigned the debt is the "creditor" under the definition in that section, so has their obligations. So seems likely they were responding to something of that nature in whatever template was used here.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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