No Default notice.

sourcrates

asherd10 wrote: »

I understand what you're saying, but as a court should they not be interested in ensuring all laws are complied with. They may not believe I did not receive the court documents, (which I didn't) but they should be able to see that had I received the documents my defence would be that the claimants have not complied with the law in bringing the claim and that I did not default on my account..payment was slow, but not no existent. I showed my willingness to clear the balance when I paid them £500 3 months before they closed my account.
*Inner thoughts* if the courts don't care that they did not follow the law, then why bother to have
laws and judges.

Have just found this on FCA website :


Where a default notice is required under the CCA, failure to serve a valid notice (or to wait the required period before taking action) would be a breach of the CCA. If payment is taken, contrary to section 87, the borrower or guarantor may have a cause of action against the lender. Where these cases occur, the FCA may consider taking regulatory or disciplinary action against firms.


Notice it mentions the FCA, who are the regulator, it does not mention the courts, so again, I advise you to get legal advice as mentioned previously.

asherd10

I didn't know I wouldn't be able to make payments for 3 months. As mentioned I quit work due to my grandfather's dementia getting worse and him requiring constant monitoring throughout the day. Tbh the credit card debt was not front of mind. Previously if I had missed a payment I would get a phone call from Aqua reminding me of the debt. That did not happen this time and they don't have to do this. But they do have to send me a default notice, it's supposed to give people who may have forgotten to pay or who are having difficulty a chance to do so before more serious life changing action is taken involving the courts.

sourcrates

asherd10 wrote: »

I didn't know I wouldn't be able to make payments for 3 months. As mentioned I quit work due to my grandfather's dementia getting worse and him requiring constant monitoring throughout the day. Tbh the credit card debt was not front of mind. Previously if I had missed a payment I would get a phone call from Aqua reminding me of the debt. That did not happen this time and they don't have to do this. But they do have to send me a default notice, it's supposed to give people who may have forgotten to pay or who are having difficulty a chance to do so before more serious life changing action is taken involving the courts.

Again, that is not in dispute, the argument is weather those actions constitute a defense in this case, and that is what is in doubt here.

asherd10

I have asked the question of legal. Eagles as advised waiting for response.
I found this on stepchange

What are the benefits of the Consumer Credit Act?
If a debt is regulated by the Consumer Credit Act, you’ll normally have stronger rights than if you were dealing with an unregulated debt.

Examples of these rights include:

If you fall into arrears, a regulated creditor must issue a default notice and give you time to bring your account up to date before they can take any further action.
The FCA is the regulator, however the courts also have jurisdiction as regulators of the law overall.

sourcrates

asherd10 wrote: »

I have asked the question of legal. Eagles as advised waiting for response.
I found this on stepchange

What are the benefits of the Consumer Credit Act?
If a debt is regulated by the Consumer Credit Act, you’ll normally have stronger rights than if you were dealing with an unregulated debt.

Examples of these rights include:

If you fall into arrears, a regulated creditor must issue a default notice and give you time to bring your account up to date before they can take any further action.
The FCA is the regulator, however the courts also have jurisdiction as regulators of the law overall.

Allow me to clarify the situation, you are attempting to obtain a setaside to the judgement served on you, the criteria for that are strict, and you must meet the two tests as i`ve set out above, you qualify on one test, by not receiveing the court papers (or the pre-action letter as well i assume) the other test is the need for a defense, usually a defense would be that you do not owe the money or the debt is not yours, that would constitute a defense.

You are attempting to convince the court to allow the setaside on a technicallity, that is not within the remit for a setaside application, which is why i suggested Legal Beagles for clarification.

[Deleted User]

asherd10 wrote: »

I didn't know I wouldn't be able to make payments for 3 months. As mentioned I quit work due to my grandfather's dementia getting worse and him requiring constant monitoring throughout the day. Tbh the credit card debt was not front of mind. Previously if I had missed a payment I would get a phone call from Aqua reminding me of the debt. That did not happen this time and they don't have to do this. But they do have to send me a default notice, it's supposed to give people who may have forgotten to pay or who are having difficulty a chance to do so before more serious life changing action is taken involving the courts.

You would have known after the first month surely?

I just find it highly hypocritical of you to say they didn’t inform you but you’re also bound by your contract and t’s and c’s with them to let them know when you’re struggling with making payments.

It goes both ways.

Why wasn’t a direct debit setup to at least cover the minimum payments?

It’s also not “life changing” - it’s 6 years at the most with the severity lessening over that time period.

asherd10

I understand.

Do I owe a debt...yes

Was it a defaulted amount....no

Was I sent a default notice...no

Can legal proceedings begin without a default notice... No

Was I aware of the court proceedings....No

Will I pay the debt....yes
However paying the debt to the collectors would still leave a defaulted account on my file, which is unfair because I did not default.

Idea* a set aside hearing is very stringent
What if a separate claim was made by me for breach of contract and breach of CCA, if a judge found in my favour could he order the CCJ and default removed, even if a set aside has gone against me. At the moment I am the one required to prove everything if I make a claim then they would have to prove they complied with CCA before bringing a claim.

asherd10

!!!
I am not required by law to notify them of payments I can't make...it would have been nice but like I said, I had other much more important things on my mind. It is a requirement for them to send me a default notice. 6 years may not be life changing to you, but when you potentially need to apply for a loan so you can install a stairlift in your grandfather's property, it does become life changing.
Your replay are not helpful, wholly confrontational and full of incorrect information. I would appreciate if you found another thread to watch from your high horse.

asherd10

I think my question has been answered.

Yes they do have to provide a default notice. It's now down to the delivery of my argument and the receptiveness of the judge to that argument.
If he follows the simple text of the law, he will find that the claim was brought prematurely and that they did not and do not have the right to enforce the agreement.

[Deleted User]

You did default though - you missed consecutive payments.

If they can provide copy of a default letter or message then that is sufficient.

Public forum - I have as much right to post supposed nonsense as you do.