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Incorrect Default

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  • It will be yes.

    However that still doesn’t mean a default notice must be served
  • But can I ask what you are basing that on? The links you sent previously were to other posts on here but the text I copy and pasted is word for word what it says in the CCA
  • Because that’s what the ICO says.

    Being issued a default notice is a myth now as people just lay claims they “lost it in the post” or “the dog ate it”
  • I had a read of the principles of defaults, arrears etc published by the ICO and they also state that a lender must notify a debtor of an intention to file a default. This is the exact wording below

    Apart from being 3 or more months in arrears there are other circumstances which may lead to the recording of a default:
    1. Property such as a house or vehicle has been repossessed or handed back with no indication to pay a remaining balance.
    2. The provider takes steps to cut off a service.
    3. The account is in arrears and the provider receives an indication that you have left your
    address without notifying them.
    4. Evidence of fraud.
    5. The account is or has been included in a bankruptcy, CCJ, Individual Voluntary
    Arrangement (IVA) or similar.
    The lender must have notified you of their intention to register a default against you at least 28 days before doing so, in order to give you time to make an acceptable payment or reach an agreement with them on an arrangement. This also applies in cases 1 - 3 above. However, in 4 - 5 the lender or provider does not need to provide a notice and can file a default as soon as they become aware of the situation.
  • MEM62
    MEM62 Posts: 5,307 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The general wisdom is that non-receipt of a default notice is not grounds for its removal.

    That said, I applaud your research. If you are confident in your position then make your case and fight with o2. Please come back and update this thread with the result as we would be interested in the outcome.
  • Better yet, just pay it and be done with it
  • If it were me, based on the research you have done, I would also submit an official written complaint about not receiving notice of default. I believe your creditor *may* have failed to follow due process. Whether or not that would mean you can have the default removed as a result is debateable (hence this thread). Just please come back and provide us with an update as this, as it would be good to know. You can only escalate your complaint to the FOS and/or ICO, after the complaint has been fully investigated by your creditor (O2).
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • I’ve already paid it in full. I paid it the moment that I found out it was due and had not been paid. Their failure to notify me of the default also meant I didn’t receive any termination letters or arrears/late payment notifications.

    I’ve already written to O2 and sent them a copy of the receipt to explain the issue, so will find out what they come back with and update. Thanks
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