default notice missing from SAR

[squaddiewife]

Hello, I have been dealing with CL finance and SAR'd them, they have replied with lots of documentation from when they took over the account from the original creditor such as info of payments through our DMP ( don't even go there we were stupid and thought we'd be debt free after 5 years with spectrum) and I have no default notice even though there is a default placed on my credit file by them. How important is it? and any suggestions of what to do next, the account is on hold until 28th may

[CleverClogs]

Re: default notice missing from SAR

Hello, I have been dealing with CL finance and SAR'd them, they have replied with lots of documentation from when they took over the account from the original creditor such as info of payments through our DMP ( don't even go there we were stupid and thought we'd be debt free after 5 years with spectrum) and I have no default notice even though there is a default placed on my credit file by them. How important is it? and any suggestions of what to do next, the account is on hold until 28th may

The default notice would have been issued by the original creditor rather than the debt farmer to whom the debt was sold/assigned.

As the debt was incurred from an overdrawn bank account, it is pointless trying to obtain a copy of the Consumer Credit Agreement as, by section 74 (1)(b) of the Consumer Credit Act 1974, such credit arrangements are exempt.

Of more use to you might be the deed of assignment; if that is dated before the end of the period stated in the default notice from HSBC, all that might have been assigned could be the arrears and such other sums stipulated to bring the account back into order - see Harrison v Burke 1956, as attached here

[squaddiewife]

Re: default notice missing from SAR

Thanks Clever clogs....and how did you know it was HSBC for an overdrawn account??? lol

[squaddiewife]

Re: default notice missing from SAR

and no the default was dated 2006 and the account assigned to cl finance in 2007, but surely they should have all the relevent paperwork from the original creditor?? They have nothing, just an amount which I am disputing as most of it from memory is from charges that kept getting me deeper and deeper in the red with them

[CleverClogs]

Re: default notice missing from SAR

Thanks Clever clogs....and how did you know it was HSBC for an overdrawn account??? lol

I looked through your previous postings so that my response might be more relevant.

and no the default was dated 2006 and the account assigned to cl finance in 2007, but surely they should have all the relevent paperwork from the original creditor?? They have nothing, just an amount which I am disputing as most of it from memory is from charges that kept getting me deeper and deeper in the red with them

That's the problem with overdrafts - as they are exempt from much of section IV of the Consumer Credit Act 1974, there usually isn't much relevant paperwork associated with them.

If you want to determine how much of the alleged debt was the result of charges and/or payments for missold PPI - and, given your husband's job, any PPI is likely to have been wrongly sold - so you can reclaim some/all of those charges, you'll have to SAR HSBC.

[squaddiewife]

Re: default notice missing from SAR

Ah I see haha....you are living up to your name!! Okwill send SAR after I've replied to cl finance with a letter stating that I am not convinced that they have all the facts and therefore am placing it in dispute until I know for sure what I am prepared to admit to....thank you!!!!! xx

[Angry Cat]

Re: default notice missing from SAR

and no the default was dated 2006 and the account assigned to cl finance in 2007, but surely they should have all the relevent paperwork from the original creditor?? They have nothing, just an amount which I am disputing as most of it from memory is from charges that kept getting me deeper and deeper in the red with them

The following may be of benefit to you:
http://www.ico.gov.uk/~/media/docume..._V3%20DOC.ashx

[Pinky69]

Re: default notice missing from SAR

Banks do not keep copies of Default Notices. They use templates for them but they should have a record of when the DN was sent to you.

[The Debt Star]

Re: default notice missing from SAR

but they should have a record of when the DN was sent to you.

but often don't

[Caspar]

Re: default notice missing from SAR

You stand about as much chance of getting hold of the Deed of Assignment as I do of jumping to the moon!

[Garlok]

Re: default notice missing from SAR

And without it, Casp, they have no cause of action for enforcement via the courts.

regards
Garlok

[squaddiewife]

Re: default notice missing from SAR

Thank you All!!!!

So I sent them the letter to say I have no record of the default notice, just waiting on a reply....sounds like this could be interesting x
------------------------------- merged -------------------------------

You stand about as much chance of getting hold of the Deed of Assignment as I do of jumping to the moon!

lol
------------------------------- merged -------------------------------

And without it, Casp, they have no cause of action for enforcement via the courts.

regards
Garlok

:tinysmile_hmm_t2: :tinysmile_aha_t: but wonder if they will say that they will try....time will tell x