Missing default notice

[CharlieP]

Can I just ask a question...

Credit card debt opened originally in 2001. Now with a DCA. Noddle says it's defaulted in August 2011.
SAR sent to OC and a whole heap of info provided but no DN and no assignment.

If the DCA were to issue a claim but didn't mention the DN or assignment in the POC where would we stand? I thought these were legal requirements.
Could a new DN be applied at any time?
Just curious.
Thank you

[nemesis45]

Re: Missing default notice

Can I just ask a question...

Credit card debt opened originally in 2001. Now with a DCA. Noddle says it's defaulted in August 2011.
SAR sent to OC and a whole heap of info provided but no DN and no assignment.

If the DCA were to issue a claim but didn't mention the DN or assignment in the POC where would we stand? I thought these were legal requirements.
Could a new DN be applied at any time?
Just curious.
Thank you

Hello Charley,

I would personally write to the creditor and request that it now supplies both the DN and NOA forthwith.

nem

[CharlieP]

Re: Missing default notice

Thanks Nem, Had they not originally issued a DN is there a possibility that they could arrange one with a more current date in order to satisfy? I wouldn't want it to upset a SB position.

[nemesis45]

Re: Missing default notice

Thanks Nem, Had they not originally issued a DN is there a possibility that they could arrange one with a more current date in order to satisfy? I wouldn't want it to upset a SB position.

Hi Charlie,

Creditors are not actually obliged to " store" NOA's or DN's and can supply " reconstituted " ones with date of issue, The DN date is not the actual default date which will later if the terms of the DN are not met.

Do you know the default date on this account?

nem

[CharlieP]

Re: Missing default notice

Do you know the default date on this account?

Thanks [MENTION=55034]nemesis45[/MENTION]

As the SAR came back with no default date mentioned, the only default date showing is on my Noodle file - 27/08/2011

I can only presume that date must have been when the debt was sold.

[Diana M]

Re: Missing default notice

Had they not originally issued a DN is there a possibility that they could arrange one with a more current date in order to satisfy? I wouldn't want it to upset a SB position.

Do not write to the creditor requesting those documents under any circumstances.

By demanding a copy of your DN and NOA (which may not exist) you will be making them aware of potential errors which they can remedy.

Then if you get a claim (hopefully not) you will have ruined your chances in court if they have been given the opportunity in advance to source the documents or reconstituted documents before issuing thanks to your tip-off.

When is this debt due to go Statute Barred?

Di

[CharlieP]

Re: Missing default notice

When is this debt due to go Statute Barred?

Hi Di

I don't know, last payment was Jan 2011 & as no official DN only Noddle shows a default date of 27/08/2011
Charlie

[Diana M]

Re: Missing default notice

last payment was Jan 2011 & as no official DN only Noddle shows a default date of 27/08/2011

In which case it would be foolhardy to write to the creditor when you're so tantalisingly close to SB!

If this was a credit card it's possible that the original creditor didn't serve you with a DN until two months' contractual payments had been missed. And then after that any DN would have given you a remedy date before they defaulted the account which may impact on the SB date.

Or you may have been on an ATP or in a DMP so had already been served with a DN (or not).

I simply don't know, but what I do know is if you write to the current owner (assuming it's been assigned to a debt purchaser) all you'll achieve is flagging up the SB deadline (possibly the end of this month or even later depending on any acknowledgement etc) which would be a disaster right now.

Meaningful advice can only be given after the facts have been established so who is the original creditor and who now owns the debt? They behave in different ways.

Also how much is the balance outstanding because that may give an indication as to whether they would 'issue and be damned' (because they know they haven't got time to source the documents) the minute you tell them you're alive and kicking in response to your letter demanding that they produce the statutory documents "forthwith". Confrontational letters are a bad move.

When were you last in touch with them and why?

And finally ( ) have you ever sent a s 77-79 CCA Request to either the original creditor or the current owner, and if so have they complied with it?

Di

[nemesis45]

Re: Missing default notice

do not write to the creditor requesting those documents under any circumstances.

By demanding a copy of your dn and noa (which may not exist) you will be making them aware of potential errors which they can remedy.

Then if you get a claim (hopefully not) you will have ruined your chances in court if they have been given the opportunity in advance to source the documents or reconstituted documents before issuing thanks to your tip-off.

When is this debt due to go statute barred?

Di

a sar has already been sent the dn and noa were not provided

[Diana M]

Re: Missing default notice

A SAR HAS ALREADY BEEN SENT THE DN AND NOA WERE NOT PROVIDED!!

That may well be true (no hard copies).

But if the information (date issued/served, remedy date and amount requested plus the date of the assignment etc) was/is in the 'Transaction Log' then the Creditor would be able to produce a reconstituted DN and NOA

Diana M

[Diana M]

Re: Missing default notice

Creditors are not actually obliged to " store" NOA's or DN's and can supply " reconstituted " ones with date of issue,

I see you already agree with me on this point in post # 4

Diana M