Creditor refusing default notice

ScaredWitless

I have an issue with a creditor not supplying me with a default notice.

When this creditor took over the running of the debt on the 30th May this year, a default notice was never issued.

When I wrote a letter of complaint, I quoted section 87,88,89 of the consumer credit act 1974.

The creditor replied saying they are not obliged to send a default notice.

Is this correct!?

If not, what can I do as they are refusing to remove the default, plus they are denying the default date is incorrect and wont change it.

sourcrates

Hi,

You will need to provide a few more details here, when you say :

"When this creditor took over the running of the debt on the 30th May this year, a default notice was never issued."

Was the debt sold on to a 3rd party, or is the new company just managing the account ?

Did the original creditor default the account ?

if so when ?

ScaredWitless

The original creditor was MBNA.

They have NEVER defaulted the account as far as I am aware as I was never sent a default notice.

I telephoned MBNA up yesterday, they confirmed that the account had been sold on and transfered to Eversheds on the 12 September 2012.

The new debt purchaser, Max Recoveries is claiming the default date to be 3rd August 2012.

However, Drydensfairfax who are running the account for Max Recovery, sent me a Notice of assignment through email.

The Notice has no name address and no identifying account number and was signed by MBNA in November 2012.

So I really don't know the answer.

Its very confusing.

Drydens claim they are not obliged to send a default notice, and yet under section 87,88,89 of the CCA 1974, they are obliged.

Any advice?

System

There is no legal requirement for a lender to report anything on your credit file. The only thing they are required to do is if they do record something make sure what they report is factually correct.

ScaredWitless

Tarambor wrote: »

There is no legal requirement for a lender to report anything on your credit file. The only thing they are required to do is if they do record something make sure what they report is factually correct.

The default date is incorrect and they refuse to alter it.

ScaredWitless

Is it worth me doing an SAR to MBNA?

antrobus

ScaredWitless wrote: »

..Drydens claim they are not obliged to send a default notice, and yet under section 87,88,89 of the CCA 1974, they are obliged....

What s87(1) CCA 1974 says is this;

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or
(b)to demand earlier payment of any sum, or
(c)to recover possession of any goods or land, or
(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e)to enforce any security.

So it doesn't say that the creditor has to issue a default notice, its says that the creditor needs to issue a default notice in order to be able to do certain things.

antrobus

ScaredWitless wrote: »

The default date is incorrect and they refuse to alter it.

What do you think the default date should be, and why does that matter to you?

ScaredWitless

antrobus wrote: »

What do you think the default date should be, and why does that matter to you?

When I telephoned MBNA yesterday, they clearly told me the debt was originally sold and transfered to Eversheds on the 12th September 2012.

Drydens are saying its the 3rd August 2012.

I'm waiting for the default to drop off after the 6 year period.

ScaredWitless

antrobus wrote: »

What do you think the default date should be, and why does that matter to you?

antrobus wrote: »

What s87(1) CCA 1974 says is this;

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or
(b)to demand earlier payment of any sum, or
(c)to recover possession of any goods or land, or
(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e)to enforce any security.

So it doesn't say that the creditor has to issue a default notice, its says that the creditor needs to issue a default notice in order to be able to do certain things.

So, I have not received a default notice either from MBNA, Eversheds or Drydens.

What does that mean if I haven't received anything!?

BorisThomson

Do you acknowledge the debt is yours, and have you made an agreement to repay it?