No default notice received

[Lldavies80]

Hi, just a quick question, I have received an email from Payday Express in response to a letter I sent requesting a copy of the default notice relating to my account. They have said that they don't have to send one as their t&c's stipulate that info already. Can someone please advise me if this is correct? Thanks

[Amethyst]

Re: No default notice received

Would you have a copy of the T&C's as I can't find a copy on their site to read without taking out a loan.

How long did you take out the loan over? High Cost Short Term Credit does have slightly different rules under the Consumer Credit Act but I'm pretty sure they are obliged to send a default notice out.... one of the clever people will know better

This is from a FOS complaint on a Payday loan not sending a default notice

complaint resolved
We asked the lender to send us the all the correspondence that was relevant to the case. But they told us that they couldn't send us a copy of the default notice - or an extract from their records to show it had been sent - because their records system had recently been "updated". This meant they didn't have a copy of the original notice or any records to show us that it had been sent.

However, the lender was able to send us a copy of the terms and conditions for the loan. It pointed out that if Mr N had read them, he should have been aware that it could register a default against his name if he didn't pay off his outstanding balance in time.

Although we accepted this, we explained to the lender that it was required to send out a notice of default to the consumer 28 days before the default was registered. We pointed out that because they couldn't show us a copy of the default notice - or any evidence that showed that the notice had in fact been sent - we couldn't be sure exactly what had happened.

When we explained to the lender that Mr N felt certain he hadn't received a notice, it agreed to remove the default - and to amend his credit file. Mr N was happy with this outcome.

[Lldavies80]

Re: No default notice received

Hi Amethyst thanks for the reply. I don't have a copy of the T&C's and I havent CCA'd them yet. I was hoping to negotiate with them for a full payment on the debt in return for removing the default from my credit file, long shot I know but worth a try. If what say is correct then I will request more info on the account in the correct way before paying anything.

[Peter_Rad]

Hello, you don't have any document related to this default. if can be a problem for you because the default notice can decrease your credit score as well as it will stay for 6 years also.

[Amethyst]

As this was from 2014 this is going to fall off the credit file very shortly.