Default on credit file query

TheManOfStraw

boo_star wrote: »

As a further addition they can still list your account status as "Default" without issuing a default notice. They are two seperate things.

So all you may end up with is the default notice that wasn't sent, but still have the default on your credit file.

Ahh right, so when the poster above said it was a myth they have to issue a default notice, he was correct ?

boo_star

TheManOfStraw wrote: »

Ahh right, so when the poster above said it was a myth they have to issue a default notice, he was correct ?

No, they have to issue a default notice before they can take certain actions. They don't need to issue a default notice to mark your account as defaulted with the CRAs.

TheManOfStraw

boo_star wrote: »

No, they have to issue a default notice before they can take certain actions. They don't need to issue a default notice to mark your account as defaulted with the CRAs.

So what is it exactly the lack of a default notice restricts them to do if they are still able to issue defaults without one?


Thanks

boo_star

TheManOfStraw wrote: »

So what is it exactly the lack of a default notice restricts them to do if they are still able to issue defaults without one?


Thanks

It's right there in the legislation.

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.

[Deleted User]

Nothing.
They can apply a default without one.

TheManOfStraw

Hi boo star. What’s the difference between default and terminating an agreement as per that legislation.

Cheers again appreciate the advice

boo_star

TheManOfStraw wrote: »

Hi boo star. What’s the difference between default and terminating an agreement as per that legislation.

Cheers again appreciate the advice

A defaulted account doesn't mean the agreement has been terminated if that's what you're getting at.

Honestly since your primary goal appears to be to remove the CRA default I'd drop the default notice angle, it isn't going to help you.

At worst they may have terminated the agreement without issuing a default notice which is easily remedied by reinstating the agreement.

TheManOfStraw

boo_star wrote: »

It's right there in the legislation.

Fair enough

Just genuinely think the default is unfair as I wasn’t aware of any payment date being 29th, they always knew I got paid last working day.

And as far as I was concerned I’d paid them 31st

So receiving the default a week later is obviously frustrating

Perhaps I’m clutching at straws . After all, I am the man of straw

boo_star

TheManOfStraw wrote: »

Fair enough

Just genuinely think the default is unfair as I wasn’t aware of any payment date being 29th, they always knew I got paid last working day.

And as far as I was concerned I’d paid them 31st

So receiving the default a week later is obviously frustrating

Perhaps I’m clutching at straws . After all, I am the man of straw

But you received a default after 2+ months of non-payment, not a week.

TheManOfStraw

Yeah but I’d still paid them then received a default a week later