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No default notice received - course of action?
Hello all,
I have posted elsewhere but am looking for advice re the default notice issued as below, I have covered the other points as background and really want to get a complaint lodged.
there are two issues to the thread I need help with and whether they are separate issues or all the same thing?
1. No default notice received or on file following SAR.
2. Unlawful repossession?
1. In July 12 before I met my GF she had a car on HP, had issues with one contract ending and another beginning so called MotoNovo to see if they would assist her with payments, they wouldn't and she missed payments, the issued her with a "notice of default sums" but never issued and nor do they have anything on file following a SAR of an actual default notice they have confirmed they don't have anything else and nor do they have any record of issuing one on their system notes. Can we challenge to get it removed? And compensation as its the only default on credit file?
2. Repossession of vehicle, essentially one day while she was out at work they came to take the vehicle, their collection report where they added loads of charges which she disputes says "nobody to sign". She knew they were coming but they took the car from private property without her consent. Now the issue about paying a 1/3rd of the total, the key issue here is they added "option to purchase (optional)" on the day she bought the car, this wasn't optional and she didn't want it, if this wasn't there she would have been over 1/3rd of her payments.
i thought its important we clarify the outcome we are seeking, ultimately is the default removed and compensation for the damage that's done. A secondary is to clarify if there's anything on the 2nd point to get back?
Here is the draft I wanted to send.........
Hopefully someone can assist.
Thanks
I have posted elsewhere but am looking for advice re the default notice issued as below, I have covered the other points as background and really want to get a complaint lodged.
there are two issues to the thread I need help with and whether they are separate issues or all the same thing?
1. No default notice received or on file following SAR.
2. Unlawful repossession?
1. In July 12 before I met my GF she had a car on HP, had issues with one contract ending and another beginning so called MotoNovo to see if they would assist her with payments, they wouldn't and she missed payments, the issued her with a "notice of default sums" but never issued and nor do they have anything on file following a SAR of an actual default notice they have confirmed they don't have anything else and nor do they have any record of issuing one on their system notes. Can we challenge to get it removed? And compensation as its the only default on credit file?
2. Repossession of vehicle, essentially one day while she was out at work they came to take the vehicle, their collection report where they added loads of charges which she disputes says "nobody to sign". She knew they were coming but they took the car from private property without her consent. Now the issue about paying a 1/3rd of the total, the key issue here is they added "option to purchase (optional)" on the day she bought the car, this wasn't optional and she didn't want it, if this wasn't there she would have been over 1/3rd of her payments.
i thought its important we clarify the outcome we are seeking, ultimately is the default removed and compensation for the damage that's done. A secondary is to clarify if there's anything on the 2nd point to get back?
Here is the draft I wanted to send.........
Unfair Processing of data
As you will be aware, this account has been in dispute since 12 June 2011 when I wrote outlining my complaint and again on 27 June 2011, I didn’t receive either an acknowledgement or a response to my complaint raised and therefore the dispute is still outstanding.
I do not acknowledge that a “default notice” should have been applied to my Credit File, this is on the basis that MotoNovo did not serve a default notice on me in compliance with Consumer Credit Act 1974.
You will note following disclosure of information provided in response to my Subject Access Request a copy default notice was provided dated 1 February 2010, on reading the agreement notes it is clear that this default notice was served in error.
I have not at any point received a default notice regarding this account which is in direct breach of s87 of the Consumer Credit Act, it is clear that a default notice served under s88 is “necessary” before the owner or creditor can become entitled to, among other key points, “recover possession of any goods or land”.
A default notice has been registered on my credit file along with other errors previously admitted which have seriously damaged my financial reputation.
I am seeking immediate removal of all information from my credit file relating to this agreement and a compensation payment of £1,200 due to the damage the unfair processing of data has caused.
As you will be aware, this account has been in dispute since 12 June 2011 when I wrote outlining my complaint and again on 27 June 2011, I didn’t receive either an acknowledgement or a response to my complaint raised and therefore the dispute is still outstanding.
I do not acknowledge that a “default notice” should have been applied to my Credit File, this is on the basis that MotoNovo did not serve a default notice on me in compliance with Consumer Credit Act 1974.
You will note following disclosure of information provided in response to my Subject Access Request a copy default notice was provided dated 1 February 2010, on reading the agreement notes it is clear that this default notice was served in error.
I have not at any point received a default notice regarding this account which is in direct breach of s87 of the Consumer Credit Act, it is clear that a default notice served under s88 is “necessary” before the owner or creditor can become entitled to, among other key points, “recover possession of any goods or land”.
A default notice has been registered on my credit file along with other errors previously admitted which have seriously damaged my financial reputation.
I am seeking immediate removal of all information from my credit file relating to this agreement and a compensation payment of £1,200 due to the damage the unfair processing of data has caused.
Thanks
