Default Notice (Cash on Go Ltd, Peachy)

juniorsenior1

I have received a Noddle notification saying Peachy have added a default to my credit file.

This has been expected, as although I have a repayment arrangement they have said I wasn’t paying enough to avoid further action.

My question is. Is a default valid if I have not received an actual default notice referring to Consumer credit act 1974 etc from the creditor?

I have received fairly standard letters from them stating that I have fallen behind and failure to remedy may resort in Legal Action, CCJ etc, but no official default notice. Don’t get me wrong, a default notice may arrive in post soon, but if it doesn’t, then where do I stand legally?

Can I request this is removed as no default notice or information sheets have been sent to me prior to default being added, therefor not giving me opportunity to clear the debt before default applied?

:think:

[Deleted User]

Yes it’s legal

They have sent you notifications saying you were behind on payments - the next course of actions were obvious.

They don’t need to supply a default notice.

juniorsenior1

So legally they are not required to issue me with an official default notice? Surely if that was the case, then there would be no need ever by anyone to issue a default notice?

If people don’t look and/access their credit file then how would they know unless they received a notice. It wouldn’t be obvious to them?

[Deleted User]

Correct. They don’t have to.

If you don’t pay what you owe then you should expect it - it’s as simple as that.

That’s how they would know.

juniorsenior1

Okay. :money:

jimbo26

I thought under Section 87 of the CCA a default notice had to served

[Deleted User]

I'm sure one of the "standard letters" that the OP received would have given heed to the fact that a default would be applied

[Deleted User]

http://www.legislation.gov.uk/ukpga/1974/39/section/87

Seems pretty clear from the above link that a default notice has to be issued.

juniorsenior1

Thanks.

That’s looks quite clear to me too.

I’m assuming that even though “standard letters” elude to the fact a default may be issued etc, it is not an actual default letter stating that I have 14 days to pay before default is applied to credit file etc.
What is my next step?

Contact the creditor asking for a copy of the default letter they issued (which they never), and if they can’t provide that then complain, then if still not happy contact the ombudsman?

I should note that, if a default notice were issued and I was officially made aware then I would have no issues and would fully deserve the default, just the fact that I wasn’t notified and wasn’t given a chance to avoid it.

[Deleted User]

But you know that you're behind on payments and you now the consequences.

Make sure you send a link to this post when you send your complaint to the lender and the ombudsman.

juniorsenior1

Why would I send a link to this post? Not getting your point.