Invalid Default Notice

[FlamingParrot]

Re: Invalid Default Notice

I would send a CCA request and see what they come up with. Send it to Lloyds with copy to the solicitors. SCM are part of Lloyds but those big banks are not well known for efficient internal communication systems so I'd send a copy to them as well just to keep the paper trail going. Send the request to Lloyds recorded delivery with a PO for £1 to cover the fee and sign the letter using a computer font rather than your real signature. Sadly if you applied online from 2005 onwards, a tick box will have been as valid as a signature. But send the CCA request anyway and wait for their response. No need to send the copy recorded delivery, it's just for reference.

That letter from SCM just says *may* rather than *will* and I wouldn't say it's a letter before action, but you need to send the CCA request so you can then respond to any further correspondence you receive. :thumb:

[FlamingParrot]

Re: Invalid Default Notice

Thank you for your kind assistance - sorry for some reason the formatting is not working for me. My replies above were done in red but not showing.

There are a few glitches with the forum at the moment following the downtime over the past couple of days, hopefully everything should be getting sorted out. :nerd:

I've managed to read your responses and replied above.

[FlamingParrot]

Re: Invalid Default Notice

This is the CCA request letter mentioned above:

Dear Sirs

Account No: xyz

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

The OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

In line with the above, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. I look forward to hearing from you within the statutory time limit (12 + 2 days).

Yours faithfully,

[neio]

Re: Invalid Default Notice

This is the CCA request letter mentioned above:

Excellent thank you FP! Will send it tomorrow. What happens if they do not replay with the required information within the time. Is the debt wiped off?

[FlamingParrot]

Re: Invalid Default Notice

Excellent thank you FP! Will send it tomorrow. What happens if they do not replay with the required information within the time. Is the debt wiped off?

If only... No, it's not wiped off but it's not enforceable until they comply with your request. :thumb:

[jax50]

Re: Invalid Default Notice

you could have settled the DN by sending a cheque for nil pounds and nil pence....