Default Notices

[Warwick65]

I know this has been discussed to death but a few points that could be clarified I think.

1) On what type of accounts are DNS needed - for example are they needed on the old style 1 month pay day loan?

2) How should they be served- it certainly used to say by post but has that changed?

3) Should a defective DN be fatal to a claim or does it depend on the degree of defect? I know we have the judge to contend with but in principle

These are the sorts of questions which could help people with lower value claims where it is not economic to instruct a solicitor

[Never-In-Doubt]

A lender cannot claim the full outstanding balance without first issuing a default notice. The default notice itself serves as their claim for full redress. It must be served to the account holder, usually it's sent to them at their home address and without one the creditor would struggle to win a case - certainly if you had our solicitors on side

Trying to defend based on the DN could be risky, so even with smaller debts get yourself over to AAD+ and ask the solicitors - it's free to ask a question so why risk messing up when the offer of free help is there?

[Warwick65]

I know DN's are complicated and over the years I have sen different advice given on different forums. This goes back to 2012 or so when another forum was claiming a one month loan did not need a default notice.

As regards my debts, they are all statute barred by some way and I haven't had a letter for , well it must be 6 months. You watch, the postman will turn up with a sack full tomorrow.

I am actually keeping a very close eye on my credit report as I keep getting emails and phone calls for someone with the same first name, same postcode , same email address and phone number but a different surname. The door number is different and I have been over the road to ask if they know the name.


So far so good

[Never-In-Doubt]

If they're all SB then your credit file should be empty. If you need help / clarity give me a shout on email where you can talk more openly.