Who can register a default with CRA?

[saccadic]

I'm having a default removed and pretty sure procedures ie consumer credit act weren't followed and I'm seeking compensation.

Who can register a default against you and what rules/ law do they have to follow?

Any help appreciated.

[Kafka]

Re: Who can register a default with CRA?

Only the owner of an account can register a default.

The CCA specifies a procedure that must be followed. Generally the account falls into breach if two payments are missed, which gives a 'cause of action' to the owner. Before they can formally default (terminate) an account they must send a Default Notice, which must specify the nature of the breach, and what must be done to rectify that breach. In short, you are told to pay £x (the outstanding amount due) by Y date. The Notice must also allow 14 days for you to rectify the breach.

In some cases the original creditor defaults the account but doesn't register the default with the CRAs, in which case a DCA may do that when they buy it. Responsibility for registration transfers to any new owner, whether they defaulted it or the OC.

[Nibbler]

Re: Who can register a default with CRA?

When was the default registered?

[saccadic]

Re: Who can register a default with CRA?

Non of my registered defaults were preceded with default notices. So therefore, that makes them unenforcable and illegal?!

[saccadic]

Re: Who can register a default with CRA?

When was the default registered?

Within the last year.

[Kafka]

Re: Who can register a default with CRA?

Non of my registered defaults were preceded with default notices. So therefore, that makes them unenforcable and illegal?!

Technically they are flawed, but the problem is that courts usually aren't do fussed about default and its also easy to mug up a copy from the DN template and pretend that they did send it. This is different from a credit agreement, where they have to show prescribed terms and your signature.

What grounds are you contesting these on? Just that the procedures weren't followed?

[Nibbler]

Re: Who can register a default with CRA?

If after January 1st 2014 then this applies:

http://www.scoronline.co.uk/files/sc...ment_final.pdf

If prior to then, these apply.

http://webarchive.nationalarchives.g...3%20%20doc.pdf

Regarding who can share default data, that is covered by: http://www.scoronline.co.uk/principles/

When thinking about if a creditor has followed guidelines fairly, you must keep in mind that a default on your credit file and a default notice issued on a CCA1974 regulated agreement are not the same thing. They just both use the word default, and can occur at around the same time, but do not have to.

[saccadic]

Re: Who can register a default with CRA?

Technically they are flawed, but the problem is that courts usually aren't do fussed about default and its also easy to mug up a copy from the DN template and pretend that they did send it. This is different from a credit agreement, where they have to show prescribed terms and your signature.

What grounds are you contesting these on? Just that the procedures weren't followed?

As many grounds as I can find!

[saccadic]

Re: Who can register a default with CRA?

If after January 1st 2014 then this applies:

http://www.scoronline.co.uk/files/sc...ment_final.pdf

If prior to then, these apply.

http://webarchive.nationalarchives.g...3%20%20doc.pdf

Regarding who can share default data, that is covered by: http://www.scoronline.co.uk/principles/

When thinking about if a creditor has followed guidelines fairly, you must keep in mind that a default on your credit file and a default notice issued on a CCA1974 regulated agreement are not the same thing. They just both use the word default, and can occur at around the same time, but do not have to.

Thanks. Good info on the ICO there. I have also queried them but might take up to thirty days for a response.

Yeah. That's what I was thinking. I can't find an act that covers the defaulting on a credit file.

[Debt Camel]

Re: Who can register a default with CRA?

Yeah. That's what I was thinking. I can't find an act that covers the defaulting on a credit file.

It's good to mentally separate the legal situation vis a vis your debt, its enforceability etc from concerns regarding your credit file. If you think of your credit file as a pretty (or ugly) picture that future creditors may or may not choose to study in detail, you won't be too far wrong. You can go to the ICO if your credit record appears to be too far removed from reality, but this is not going to have any bearing on any court claims relating to the debt. You could 'lose' with the ICO and 'win' in a county court or vice versa...

When you say

So therefore, that makes them unenforcable and illegal?!

are you referring to court action?

[saccadic]

Re: Who can register a default with CRA?

I was referring to the collection and processing of the alleged debt. ie if a notice of default is not issued then the debt is unenforcable.