Court Claim

dinky201

Hi, my sister has court soon for an alledged wageday loan for DCA and scolicitor, there is no Defult notice from original creditor. can we we defend saying that this claim is invalid as there is no defult so souldnt be sold or taken to court???


also it appers this loan is not no her credit file

[Deleted User]

No. If the money is owed, it can be pursued or sold.

She's been lucky if it doesn't appear on any of her three files.

Ben8282

You say an 'alledged' loan. Did she or did she not take out the loan? If yes, has she repaid it? If she took out the loan and has not repaid it, why has she not repaid it?.

dinky201

defult notice as required in CCA act im on about

Ben8282

dinky201 wrote: »

Hi, my sister has court soon for an alledged wageday loan for DCA and scolicitor, there is no Defult notice from original creditor. can we we defend saying that this claim is invalid as there is no defult so souldnt be sold or taken to court???
also it appers this loan is not no her credit file

dinky201 wrote: »

defult notice as required in CCA act im on about

Is there some reason why you prefer not to answer the perfectly reasonable questions asked?

boo_star

dinky201 wrote: »

defult notice as required in CCA act im on about

Unless I'm mistaken a default notice isn't required to take court action, as this is simply getting a court to confirm that the amount is owed.

It doesn't as far as I'm aware come under any of the following conditions;

Need for default notice.
(1)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.