Defaults - What's the deal?

Talia947

I'm looking to settle my debts in the near future. I currently have 3 accounts that a default was never issued for which remain on my credit file. 
I'm aware that these creditors could issue a default before they accept a settlement but my question is... 
Can they just register a default on my credit reference file without telling me? Or do they have to send me a default notice giving me the option to pay up? 

Many thanks is advance. 

[Deleted User]

Yes, they can. If can make payments before they default it, that would be a wise move.

However, if your file already shows ongoing arrears, you might want to ask them to backdate a default.

Talia947

Deleted_User said:

Yes, they can. If can make payments before they default it, that would be a wise move.

However, if your file already shows ongoing arrears, you might want to ask them to backdate a default.

So they don't have to tell me they are going to default my account? 
I have been making ongoing payments through my DMP but I want to offer a partial settlement. I've read that doing so may trigger them to add a default but I thought they would have to send me a default notice first? 

I find all of this very confusing...

sourcrates

Yes they do have to tell you if they are the original creditor.

Section 87 CCA requires a creditor to issue a default notice before a default can be registered against your account.

Usually you will have 14 days to remedy the breech before the full balance becomes due and payable.

However, if these accounts are old, or dormant, well lets just say creditors do not always follow the guidelines.

Talia947

sourcrates said:

Yes they do have to tell you if they are the original creditor.

Section 87 CCA requires a creditor to issue a default notice before a default can be registered against your account.

Usually you will have 14 days to remedy the breech before the full balance becomes due and payable.

However, if these accounts are old, or dormant, well lets just say creditors do not always follow the guidelines.

All 3 have been sold on to DCAs but I have been making monthly payments. Does this mean they do not have to tell me?

sourcrates

Talia947 said:

sourcrates said:

Yes they do have to tell you if they are the original creditor.

Section 87 CCA requires a creditor to issue a default notice before a default can be registered against your account.

Usually you will have 14 days to remedy the breech before the full balance becomes due and payable.

However, if these accounts are old, or dormant, well lets just say creditors do not always follow the guidelines.

All 3 have been sold on to DCAs but I have been making monthly payments. Does this mean they do not have to tell me?

Legislation here ~

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