Default notice

[uptomyeyes1956]

Q. is there a laid down format that a Default notice must conform to in order to be accepted by a court?

[warwick65]

Re: Default notice

Hi
Yes there is, I think most of it is covered in S88 consumer credit act but depending on the severity of the mistake a judge may ignore it.

If you would care to share a few more details.

Have you received a claim or are you trying to get your ducks in a row just in case

[uptomyeyes1956]

Re: Default notice

I've received a claim and asked for all the documents as advised by the forum and have received documents from the claimants solicitor but they only contain a "screenshot" giving a date a default notice was supposed to have been issued, no address to which it was sent, no content, nothing but the "screenshot"

[pt2537]

Re: Default notice

Q. is there a laid down format that a Default notice must conform to in order to be accepted by a court?

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations prescribe the format of a Default notice.

[Diana M]

Re: Default notice

I've received a claim and asked for all the documents as advised by the forum and have received documents from the claimants solicitor but they only contain a "screenshot" giving a date a default notice was supposed to have been issued, no address to which it was sent, no content, nothing but the "screenshot"

Which might contain enough information for the Claimant to reconstitute the Default Notice.

I can't see another thread on this forum about your claim although you say you asked for all the documents "as advised by the forum".

Can you provide more details so you can get more specific help.

There may be other ways to defeat your claim apart from the DN which they may/may not be able remedy.

Why not send a SAR to the original creditor (if the debt has been assigned to the Claimant) so you can see from the Transaction Log whether a DN was actually issued and on what date if it was etc.

What is the origin of the screenshot to assess whether that information is 'honest and accurate'?

Di

[pt2537]

Re: Default notice

I've received a claim and asked for all the documents as advised by the forum and have received documents from the claimants solicitor but they only contain a "screenshot" giving a date a default notice was supposed to have been issued, no address to which it was sent, no content, nothing but the "screenshot"

Have you made a section 77 / 78 Consumer Credit Act request, its often helpful to get a copy of the agreement recon or otherwise when dealing with disputes over default notices, often even if they try to recon the default notice, which in my view is unacceptable anyway, they will make errors, and thats where you can get them.

If you look at the Segal judgment that is on my blog which is reproduced on the forum, it may help guide you to where to look with the s78 / default issuts

[Kati]

Re: Default notice

PT's blog (for ref) - http://legalbeagles.info/forums/foru...-Tilley-s-Blog

[uptomyeyes1956]

Re: Default notice

What is a SAR ?

[Kati]

Re: Default notice

What is a SAR ?

Subject Access Request - https://legalbeagles.info/library/gu...ccess-request/

[Diana M]

Re: Default notice

What is a SAR ?

Subject Access Request is where you ask the original creditor (or any other business) for all the data/information they hold on you.

There's a template letter here > https://legalbeagles.info/library/gu...ccess-request/

It can be useful because it should provide the transaction history on the account and copies of any scanned documents (such as the credit agreement).

This will enable you to cross check documents and facts disclosed by the other side.

One way of looking at it is 'if it's not in the SAR then it didn't happen'. Sometimes a SAR is valuable because of the absence of information

Also debt purchasers don't automatically have access to that information - a SAR is between you and the original creditor.

Di

[warwick65]

Re: Default notice

Unless I am very much mistaken parts of these have been amended or changed
It is 14 days (as specified in S88 Consumer Credit Act) and not the 7 stated for the remedy. Not sure if there is anything else that is different

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations prescribe the format of a Default notice.

[uptomyeyes1956]

Re: Default notice

Thanks for the advice and I have sent a SAR request to original creditor, also having looked closely at the documents that Lowell Solicitors have sent me which they intend to produce as evidence in court I see that the Credit Agreement they have provided me with has NO account numbers or anything else that connects it to the account they are taking court action regarding, in fact it seems to me to be no more than a generic Credit Agreement to which someone has attached my name. Surely a Credit Agreement must contain account details of the account they are pursuing?