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Creditor Can't Supply Copy of Default Notice
Comments
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sourcrates wrote: »The date that matters is the default date recorded on your credit file, not in some letter from a debt collector.
What is the date of default on Noddle/Experian/Equifax ?
Its claiming that the default date with Max Recovery is the 3rd August 2012, but I know for a fact that the correct defaulty date with MBNA is 7th September 2012.
I asked for a copy of the screenshot showing this.0 -
ScaredWitless wrote: »Its claiming that the default date with Max Recovery is the 3rd August 2012, but I know for a fact that the correct defaulty date with MBNA is 7th September 2012.
I asked for a copy of the screenshot showing this.
Well as said previously, this is to your benefit.
Don`t go poking a sleeping bear.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 -
sourcrates wrote: »Well as said previously, this is to your benefit.
Don`t go poking a sleeping bear.
Thank again sourcrates.
So I guess I should wait back from the paperwork from MBNA, then if Max Recovery attempt to put in a blue claim form that when I can use this incorrect date of default as a defence!?0 -
ScaredWitless wrote: »Thank again sourcrates.
So I guess I should wait back from the paperwork from MBNA, then if Max Recovery attempt to put in a blue claim form that when I can use this incorrect date of default as a defence!?
No that's not a defense with any chance of success.
Forget the default, that's of no importance here, any defense would rest on an improperly executed credit agreement that you received in response to your CCA request.
Even then its a defense with only a slim chance of success, and you may need a solicitor to back up your case.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 -
sourcrates wrote: »No that's not a defense with any chance of success.
Forget the default, that's of no importance here, any defense would rest on an improperly executed credit agreement that you received in response to your CCA request.
Even then its a defense with only a slim chance of success, and you may need a solicitor to back up your case.
Thank you.0 -
What happens if a creditor admits they cannot supply with a copy of the original default notice under Section 87-89 of the CCA 1974!?0
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Nothing. It's not important.
As has been said 1,432 times in this thread alone.0 -
I beg to differ.
Under a CPR 31 request under a blue county court claim form, this is one of the documents you can request.
My concern is this, the debt purchaser is claiming the default is 3rd August 2012, the original creditor mbna tell me its 25th September.
Surely there is a requirement under ICO guidelines to make sure the date of default is correct on your credit file!?
If max recovery are refusing to suppply me with proof of default date then what?0 -
ScaredWitless wrote: »If max recovery are refusing to suppply me with proof of default date then what?
Then you could ask them to reissue a new default, which will have today's date on it, and will be on your files for a further 6 years.
It makes no difference to your liability to pay. Only a lack of an agreement can do that.0 -
Deleted_User wrote: »Then you could ask them to reissue a new default, which will have today's date on it, and will be on your files for a further 6 years.
It makes no difference to your liability to pay. Only a lack of an agreement can do that.
This would mean it would be a new default.
As I have said previously, credit agreement provided is too small and cannot be read.
If you can't say anything constructive please don't post.0
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