Credit card default notice

[jggiant]

Hi all, i am dealing with my sisters affairs, she will be going in to care very soon
My query is, she defaulted on a new day cc back in july 2017, default notice not issued by them, they sold debt to STINK ( link ) in july 2017 and my sister was paying a small amount back about £20 a month. Now as she is very ill the payments went to £1 a month due to no income, should new day have issued a default notice?
Link issued one on 21/12/21 and keep sending letters asking for her to contact them, she cannot use a phone due to a stroke so i have lpa on her affairs and am trying to sort everything out.
any advice and help much appreciated
jim

[jggiant]

Should i write to newday asking them to default from 2017?
jim

[echat11]

Send New Day a SAR, they have 30 days to provide all the data on the account over the last 6 years. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

I wouldn't do anything until I can see what is what regarding the default.

They should of sent a default after 3 payments had been missed. They shouldn't be allowed to rectify their error, if there is an error.

A default notice allows the debtor to rectify the missed payment as well other advise provioded within the default notice.

[jggiant]

Thanks for the quick reply ECHAT11, i have found out she had done that back in september2021, all docs in a massive folder she kept. There was no default notice with them, just a letter saying they had sold to link.

[echat11]

Thanks for the quick reply ECHAT11, i have found out she had done that back in september2021, all docs in a massive folder she kept. There was no default notice with them, just a letter saying they had sold to link.

Are there any account logs? They show documentation that has been sent out, check to see if default notice has been sent out.

[jggiant]

Iwill look at them later tonight got to go feed her cats and will open the massive folder lol

[jggiant]

Are there any account logs? They show documentation that has been sent out, check to see if default notice has been sent out.

I spent a long time perusing all the papers they sent last night, no default notice was issued. She was making under minimum payments for a few months and the final letter states they sold debt. She has paid other priority debts off, just this one left and now has nothing left equity wise, rents the house from council etc, no car or anything else to sell. Will i be liable to pay this as i have lpa and she will be going in to care very soon? thanks for the help so far.
jim

[echat11]

I spent a long time perusing all the papers they sent last night, no default notice was issued. She was making under minimum payments for a few months and the final letter states they sold debt. She has paid other priority debts off, just this one left and now has nothing left equity wise, rents the house from council etc, no car or anything else to sell. Will i be liable to pay this as i have lpa and she will be going in to care very soon? thanks for the help so far.
jim

You have LPA, the debt is not yours, so if she has no money to pay the debt, then I suspect it will be written off by the creditors. How much is it?

You could send a template asking them to write it off because she is going into care etc, don't mention anything about the default notice at this time -

https://www.citizensadvice.org.uk/de...debt---letter/

[jggiant]

original debt 2800, DOWN TO 925 now, i think i will just hold fire and see what if anything they send.
Thanks ECHAT11