Question about creditor refusing default notice

[Spellkaster]

Need to ask.

If a creditor refuses to supply a default notice under section 87,88,89 of the consumer credit act 1974, would this be in breach of this act!?

I have a creditor who is claiming that they are NOT obliged to send out a default notice, even though I have quoted this act to them.

[Amethyst]

Re: Question about creditor refusing default notice

What reason do they give for not being obliged to send a default notice?

Probably need to know a bit more about the kind of credit and the current situation. Are you in arrears ? What are the terms of the agreement relating to default / termination ? Is the debt with the original creditor still ? Are they trying to claim to full debt ?

Oh and of course,is it a CCA 1974 regulated agreement?

[Spellkaster]

Re: Question about creditor refusing default notice

What reason do they give for not being obliged to send a default notice?

Probably need to know a bit more about the kind of credit and the current situation. Are you in arrears ? What are the terms of the agreement relating to default / termination ? Is the debt with the original creditor still ? Are they trying to claim to full debt ?

The debt was original MBNA who then sold it onto Eversheds on the 12th September 2012.

They creditor, Max Recovery, is claiming they are not obliged to send a default notice as it should have been MBNA, who never did.

As far as I know, MBNA never recorded the debt on my credit file.

Max Recovery are being very awkward.

They are trying to claim I owe £931 but I am aware that they buy debts at discountes rates, so this might not even be the true amount of what they are claiming.

So, by failing to produce a default notice under section 87,88,89 of the CCA 1974 are they disallowed to make a claim!?

[MIKE770]

Re: Question about creditor refusing default notice

default are issued by originator, only when sold to debt buyer then the owner of the alledged debt changes on CRA file to new owner but default dates stays the same is the system in question?

[Spellkaster]

Re: Question about creditor refusing default notice

default are issued by originator, only when sold to debt buyer then the owner of the alledged debt changes on CRA file to new owner but default dates stays the same is the system in question?

I never received a default notice from original creditor and the date of default being reported by Max Recovery is wrong.

[MIKE770]

Re: Question about creditor refusing default notice

send a SAR request to MBNA with £10.00 and see what information that springs up they have 40 days to respond to your request, sure Ame will comment also?


Subject Access Request Letter send Recorded Delivery batch receipt to your copy of request!

[Amethyst]

Re: Question about creditor refusing default notice

Okay. Mbna would have been obliged to send you a default notice to call in the debt. Max recovery / ever sheds ( whoever has been assigned the agreement- have you had a notice of assignment?) will be obliged to evidence that mbna did send a valid default notice to enforce the debt. Enforce = obtaining judgment not chasing you / making a court claim.

Your credit file is irrelevant really. Unless it's months out and you're near it dropping off the file ( or would be if the date was correct)?

If you want the DN then ask MBNA - if you want to settle the debt and it's been sold to eversheds? Negotiate with them. Some debt purchasers pay as little as 9p per pound for a debt so will quite often accept 40% in f&f.

Have you you sent them a cca request ? Are they threatening court ? ( could request the dn under reaction disclosure ?)

Or or wait for them to sell it on to another dca who take court action and defend.

[MIKE770]

Re: Question about creditor refusing default notice

the SAR will show date of default being issued and sent, all they need to show is that date and on balance of probabilities will be accented as a default issued in a court case most judges would say! CRA records from the alledged date should show originators entry, you say not I believe???? are you sure about this?

[Spellkaster]

Re: Question about creditor refusing default notice

the SAR will show date of default being issued and sent, all they need to show is that date and on balance of probabilities will be accented as a default issued in a court case most judges would say! CRA records from the alledged date should show originators entry, you say not I believe???? are you sure about this?

I phoned MBNA up yesterday and asked.

That I was told the debt was sold and passed to Eversheds on the 12th September 2012.

[Spellkaster]

Re: Question about creditor refusing default notice

Okay. Mbna would have been obliged to send you a default notice to call in the debt. Max recovery / ever sheds ( whoever has been assigned the agreement- have you had a notice of assignment?) will be obliged to evidence that mbna did send a valid default notice to enforce the debt. Enforce = obtaining judgment not chasing you / making a court claim.

Your credit file is irrelevant really. Unless it's months out and you're near it dropping off the file ( or would be if the date was correct)?

If you want the DN then ask MBNA - if you want to settle the debt and it's been sold to eversheds? Negotiate with them. Some debt purchasers pay as little as 9p per pound for a debt so will quite often accept 40% in f&f.

Have you you sent them a cca request ? Are they threatening court ? ( could request the dn under reaction disclosure ?)

Or or wait for them to sell it on to another dca who take court action and defend.

I have been provided with a copy of Notice of assignment from MBNA but it has concerns.

It says "To Whom It May Concern", no name address and no identifying account number.

There was a covering letter attached but it was not provided.

The deed of assignment is missing as well.

I was sent a credit card agreement back in March last year, it was too small to be read and thus ineligible.

I have informed Max Recovery I am unable to work due to having ongoing mental health problems.

[Amethyst]

Re: Question about creditor refusing default notice

Did they tell you the date you defaulted? Presumably a fair few months prior to Sept 2012.

what date is on your credit file then?

[Amethyst]

Re: Question about creditor refusing default notice

Okay what outcome are you after? To be able to pay off the debt over time or just get them to stop bugging you ?

[Spellkaster]

Re: Question about creditor refusing default notice

Well, they haven't followed correct procedure when dealing with this.

Wrong default date, no valid notice of assignment, no deed of assignment and no default notice ever being received.

Too small credit agreement, you can't read it.

I am going to ask if they will write the debt off due to hardship and vulnerability of my ongoing mental health issues.

- - - Updated - - -

Did they tell you the date you defaulted? Presumably a fair few months prior to Sept 2012.

what date is on your credit file then?

They are claiming date is 3rd August 2012.

[Diana M]

Re: Question about creditor refusing default notice

Hello Spellkaster

I've seen your other three threads on this issue so it's clearly continuing to cause you distress. You say you are experiencing hardship and ongoing mental health issues at the same time as trying to battle this situation (and possibly have other debts).

The FCA Handbook CONC 7.2 says that firms dealing with customers in debt should have a policy in place to identify vulnerable customers (which includes those with mental health difficulties) and treat them appropriately https://www.handbook.fca.org.uk/hand.../?view=chapter

You've made a formal complaint to Drydens about the statutory bits and bobs but maybe make them aware of your personal situation if you're comfortable doing that. On another thread you say you exist on ESA or PIP so life's not easy for you right now.

Here's a post from another one of your threads which describes what you've being going through in recent times which is enough to upset anyone.

You're dealing with a 'machine' which has no idea how much this situation is affecting the quality of your life. Perhaps once they become aware they may take a more compassionate view of the situation. I do hope so.

Ongoing saga with the Halifax.

Sent in detailed income and expenditure showing I only have 94p a month after things.

Last week sent them in up to date medical problems showing I can't work either.

Been told today they have refused to write the debts off regardless of my current income situation.

I'm appalled at the bank.

Outstanding debt is £9K.

They advise me to speak to Stepchange.

Why should I undertake a debt solution?

@Debt Camel may have some suggestions for you too.

I can see from a different thread that you've already been in an IVA which failed for various reasons so let's see what else can be done to help.

Take care.

Di

[Spellkaster]

Re: Question about creditor refusing default notice

Hello Spellkaster

I've seen your other three threads on this issue so it's clearly continuing to cause you distress. You say you are experiencing hardship and ongoing mental health issues at the same time as trying to battle this situation (and possibly have other debts).

The FCA Handbook CONC 7.2 says that firms dealing with customers in debt should have a policy in place to identify vulnerable customers (which includes those with mental health difficulties) and treat them appropriately https://www.handbook.fca.org.uk/hand.../?view=chapter

You've made a formal complaint to Drydens about the statutory bits and bobs but maybe make them aware of your personal situation if you're comfortable doing that. On another thread you say you exist on ESA or PIP so life's not easy for you right now.

Here's a post from another one of your threads which describes what you've being going through in recent times which is enough to upset anyone.

You're dealing with a 'machine' which has no idea how much this situation is affecting the quality of your life. Perhaps once they become aware they may take a more compassionate view of the situation. I do hope so.




@Debt Camel may have some suggestions for you too. I can see you've already been in an IVA which failed for various reasons so let's see what else can be done to help.

Take care.

Di

Thank you.

I have made Drydens aware yesterday that I am unable to work and have ongoing mental health problems.

I'm hopefully they will now back off.

I understand from the Credit Services Association, whom Drydens is a member of, that if a creditor is made aware of someone having mental health problems, they need to back off and not take any legal action to recover the debt.

I have offered them a copy of my doctor report to show proof if they need it, and a copy of my benefit letter showing my income is only £110 per week esa.

As they have not provided any valid documentation to prove the debt exists, I am hopeful they will now drop this matter.