Creditor Can't Supply Copy of Default Notice

takman

ScaredWitless wrote: »

I am NOT paying the debt I am disputing it.

You took out an MBNA card, you spent money on the card, then you didn't pay it back as agreed. You have no reason to dispute the debt you owe the money as simple as that!.

Your just trying to find any way you can to get out of paying it back. Just take responsibility for your actions and pay what you owe!.

PixelPound

Saying you didn't receive it is no defence, and no legal requirement to send you another. The debt has been sold on, so it is no longer an MBNA account. Have you asked the DCA for a copy of the default (is it still showing as MBNA on your credit file, often the DCA will register a default and OC will remove theirs) , have you disputed it with the DCA, is the sole argument to your dispute not receiving the default?

Shakin_Steve

nic_c wrote: »

Saying you didn't receive it is no defence, and no legal requirement to send you another. The debt has been sold on, so it is no longer an MBNA account. Have you asked the DCA for a copy of the default (is it still showing as MBNA on your credit file, often the DCA will register a default and OC will remove theirs) , have you disputed it with the DCA, is the sole argument to your dispute not receiving the default?

I believe he’s already stated that.

PixelPound

Shakin_Steve wrote: »

I believe he’s already stated that.

I see. I hadn't read all the replies.

I suppose if the OP wants to keep trying to avoid the debt, we'll wait for post about the CCJ. :rotfl:
So it seems MBNA have issued a default, whether it has been received is irrelevant. They don't have to supply another copy now, but I guess the screenshot is a courtesy offering. The DCA have refused, again they are under no obligation to provide you with a copy as its not a new default, merely replacing the one that MBNA put on.

If its that the debt has been paid and no deb is owed, then OP wants to dispute the balance,get copies of statements. If its simply trying to weasel out of paying, not sure how hoping that a default was incorrectly issued will help.

ScaredWitless

nic_c wrote: »

Saying you didn't receive it is no defence, and no legal requirement to send you another. The debt has been sold on, so it is no longer an MBNA account. Have you asked the DCA for a copy of the default (is it still showing as MBNA on your credit file, often the DCA will register a default and OC will remove theirs) , have you disputed it with the DCA, is the sole argument to your dispute not receiving the default?

Yes I have asked the debt purchaser to supply me with a hard copy of the default notice under sections 87-89 of the consumer credit act 1974.

They reply no saying they are not obliged to!!

PixelPound

Usually creditors do not keep copies of DN anyway. They use templates and fill it from information held. Thus is either the OC or DCA did provide you with a hard copy, it would not be a copy of the original but a new reconstituted version built using a template and the information they hold. They do not have to provide you with a copy, they just need to be able to prove that it was served, and I suppose the question is whether the log on their systems saying it was sent to the print queue is proof enough? It's not the DN that makes the debt enforceable but a copy of the CCA.

I assume you are hoping that there is some information missing from the DN and so not be valid, and you can see why they wouldn't want to provide a copy. It's not fair that they won't but it's often their policy. If you really believe it wasn't served you could issue legal proceedings, or threaten to, to get the default removed. They may decide its easier to simply instruct the CRA's to remove it rather than incur legal costs to defend.

ScaredWitless

nic_c wrote: »

Usually creditors do not keep copies of DN anyway. They use templates and fill it from information held. Thus is either the OC or DCA did provide you with a hard copy, it would not be a copy of the original but a new reconstituted version built using a template and the information they hold. They do not have to provide you with a copy, they just need to be able to prove that it was served, and I suppose the question is whether the log on their systems saying it was sent to the print queue is proof enough? It's not the DN that makes the debt enforceable but a copy of the CCA.

I assume you are hoping that there is some information missing from the DN and so not be valid, and you can see why they wouldn't want to provide a copy. It's not fair that they won't but it's often their policy. If you really believe it wasn't served you could issue legal proceedings, or threaten to, to get the default removed. They may decide its easier to simply instruct the CRA's to remove it rather than incur legal costs to defend.

The copy of the original credit agreement I was provided with is very poor, and is too small to be read and thus ineligible.

I understand under section 78 that they must provide a readible copy but mine wasn't.

The debt purchaser has said that they cannot provide me with a better an clearer hard copy due to the age of the agreement and that the poor quality copy was provided by the OC.

[Deleted User]

Blow it up on a photocopier.

sourcrates

It is actually a requirement of the CCA to produce a legible copy of any agreement.

Its completely useless if you cannot read it.

However, the failure to provide a default notice is not in itself, a reason to withhold payment.

ScaredWitless

sourcrates wrote: »

It is actually a requirement of the CCA to produce a legible copy of any agreement.

Its completely useless if you cannot read it.

However, the failure to provide a default notice is not in itself, a reason to withhold payment.

Thank you sourcrates for clariying this.

The CCA provided is too small and can't be read unless you have a magnifying glass!!

Some of the CCA is also fuzzy.

The debt purchaser has already said they cannot provide a more clearer or larger copy of the CCA.

So would this be a good defense if they try anything!?