Default Notice

[Rachelh999]

Hi,

I'm wondering if anyone can help me. I have had a default notice applied to my credit file ,by a mobile phone company. This default notice wasnt received and the first I knew of it , was when I applied for a mortgage.

Am I right in thinking, that under contract law, a default notice has to be sent to my address ,giving me a 14 day period to challenge? This was never received and the company in question cant produce a copy of it either.

Thanks in advance

Rachel

[DE DOGS]

I seem to think you are correct but wait for the more knowledgeable, as I have interest in this also.

[R0b]

Default notices are not required for mobile contracts, unless it is subject to the consumer credit act or the contract says they will issue a default notice. They can apply a default to your credit file where the relationship has broken down and this is usually where the contract has been terminated due to non-payment.

A very common reasons why people might not have received it is because you moved and failed to notify the mobile phone company. If you are in that same boat then it isn't their fault but yours for not letting them know. Of course they could have issued the default to a different address or you may never have received it.

Send a subject access request to the company and ask for all information they hold about you include your account history and notes, correspondence etc.

[DE DOGS]

Rob. I have on many occasions requested this default notice also sent Sar all so far have been avoided, now at a loss what action to take, still at the same address, as with the ghost summons until judgment granted, then have to pay and hope you have ccj removed.

[Rachelh999]

Hi ,

I have made 3 SARs now and this week they finally responded. They have not been able to produce the original default notice , which they say they dont keep. I have not moved , been at my address for 15 years *♀️ . CAB have advised me , that my next step should be a letter of intention of court action.

[DE DOGS]

Amazing how they can produce these documents when forced to, I tend to not take too much notice of CAB that is unless you receive the correct information. My advice is to post on Legal Beagles for safety check