Cabots and filing of DN

[miliitant]

Re: Cabots and filing of DN

may i ask how guidelines are the authority when case law sets the precedance as to the cca and default and termination regs

as stated before

not having a go

interested in this subject

[miliitant]

Re: Cabots and filing of DN

The account is already in default status, as you put it, both notices mearly acquaint the debtor to the fact. They are notices of information and intent.

One informs the debtor of the intent to record the default , the other the intent to enforce.

D

that i agree on

as long as the debtor has been given the opportunity to rectify the default before the six year marker is recorded on the credit file

even the ICO recomend three missed payments before recording the six year default marker

[Guest]

Re: Cabots and filing of DN

may i ask how guidelines are the authority when case law sets the precedance as to the cca and default and termination regs

as stated before

not having a go

interested in this subject

No of course not "having a go". Guidelines do not have authority over legislation of course, they describe its use and function.

Nothing in the ICO guideline is contradicted by the Consumer Credit Act.

It is perhaps a moot point because both notices are generally issued on the same document, so if the agreement is remedied within the period the agreement cannot be enforced and the default cannot be recorded. It wold be remedied within both the set periods.

It only becomes an issue when the creditor records the default(after issuing the ICO warning(28 days)) and then at a later date decides to issue a section 87 and enforce.
The situation would then be that even though the debtor remedied the DN(87) the notice would remain on the file.
It is you see a record of payment not of any notice given under the cca.

D

[miliitant]

Re: Cabots and filing of DN

QUOTE

It is you see a record of payment not of any notice given under the cca.

you took the words right out of my mouth with that quote and sums it up nicely