IDem refusing to default

[Joanna Connolly Solicitors]

hi can anyone help I took a loan with Egg in 2009 for 6000.0 monthly payments 164.54. I ran into financial difficulties February 2009 and was paying 35/month until I went on a Dmp with StepChange where I never paid over 20/month. I went self managed in 2017 was paying 23/month this changed November 2017 to 1/month.
I have asked them to default but they won’t stating. A default should not be applied to a credit record whilst an agreed payment or payment through a DMP are being maintained.
Any advice would be gratefully received

Do you have an update on the lack of Default on this debt assigned to IDEM?

Di

[Colin G Quinn]

Hi,

I've briefly read the previous posts; it would be strange within the industry for a debt to be assigned twice without the agreement having first been terminated. Unless perhaps the series of 'Creditors' are playing hot potato with a debt accrued under an Agreement which they all know to be unenforceable, i.e. 'no, you have it.'

The Consumer Credit Act provides a full balance cannot be called in before service of a compliant Default Notice has been effected, and the term within expired. So, there is a chance a mistake has been noticed hence the reluctance to serve a Default Notice now, as said notice would be calling in the full balance and not arrears due to the premature termination.

Of course the last outpost retreat for a Creditor, and usually an alleged assignee, is to say the loan period has matured, therefore service of a Default Notice is irrelevant. But an Act of Parliament, installed for the protection of Consumers, doesn't say that.

If no Default Notice has been served and no Default registered against you, I would suggest the Creditor knows the alleged Agreement to be unenforceable. As service of a Default Notice is the very strict precondition for the enforcement of a regulated Credit Agreement.