Default on credit record yet no default notice received.

[BigCraigJohn]

I know the Nid is on holiday but i'll post this now, maybe someone else might have some advice.

I was on an arrangement to pay with Citi which moved onto Opus. Unfortunately I couldnt keep up with the arrangement. I received a letter from Opus 2nd Feb telling me the arrangement had ended and that all arrears were now due and interest would be charged again, no warning about defaulting me or anything.
Checked my credit report yesterday and it shows they defaulted me on the 12th Feb. I did get a statement in Feb dated around the 20th.

I am beyond positive that no default notice was ever received as ive well and truely dug myself out the sand, and that by defaulting me they have ended the agreement.

Now would I be right in thinking they have been pretty stupid here?, and did I read that they cant take any action unless a default notice has been issued?, ofcourse i'm not going to speak to them, just holding out for something in writing because I gather written termination is key. Really strange though, they dont ring or write or anything, just a statement once a month.

[swanfan]

Re: Default on credit record yet no default notice received.

Hiya

Have a look here--> http://forums.all-about-debt.co.uk/showthread.php?t=17

[BigCraigJohn]

Re: Default on credit record yet no default notice received.

Interesting, so I guess this line says it all.

"They must be issued by the lender if it wishes to enforce a regulated agreement under the Consumer Credit Act 1974 where the borrower is in default."

My only worry is that they could surely just lie and say it was sent, at least if you have an iffy 1 you have something, I just have my word that I never got it.

[swanfan]

Re: Default on credit record yet no default notice received.

They could also wonder if they could get a judgement without it but wait & see what or if they try anything.

[BigCraigJohn]

Re: Default on credit record yet no default notice received.

I'm just sitting tight for the moment see what the postman brings. Plan with this was to let it default and come to a low monthly agreement with a DCA and hopefully an F&F at some point. Its a 2008 so will be enforceable but maybe this might give me a bit of muscle.

[BigCraigJohn]

Re: Default on credit record yet no default notice received.

Have just read a letter I got in January from them.
It say

"Unfortunately we have not had a response from your debt management company and your arrangement has ended, as of now contractual intrest will be added and all arrears are due"

Thing is I am not with or have never been with one. Cant help but wonder if theyve been sending my paperwork to some random DMP company???. Guess a template but it makes no sense.

Seems they are struggling at the moment, ive seen a handful of screw ups on various sites.

[kilasuit]

Re: Default on credit record yet no default notice received.

I seem to have had this happen to me aswell.

Lloyds closed my current account some point in Dec 2010 and have added a default notice to my CFs for which i have not recieved a notice for.

Am going to send the request for default notice to lloyds along with an email to the CEO's of Lloyds, Experian, Equifax and Call Credit along with another SAR to Lloyds to see wtf has gone on. Only this SAR will be more than the advanced version on here as i am requesting all communication from my complaint to them both internally and externally and also between me and them.

Needless to say now its moved from lloyds i'm goin to get it sent back to lloyds as in this case its outrageous the blatant disrespect for all the banking code guidelines as well as the OFT debt collection guidelines so that they can feel teh consequence of not following basic guidelines and laws

[Never-In-Doubt]

Re: Default on credit record yet no default notice received.

I know the Nid is on holiday but i'll post this now, maybe someone else might have some advice.

I was on an arrangement to pay with Citi which moved onto Opus. Unfortunately I couldnt keep up with the arrangement. I received a letter from Opus 2nd Feb telling me the arrangement had ended and that all arrears were now due and interest would be charged again, no warning about defaulting me or anything.
Checked my credit report yesterday and it shows they defaulted me on the 12th Feb. I did get a statement in Feb dated around the 20th.

I am beyond positive that no default notice was ever received as ive well and truely dug myself out the sand, and that by defaulting me they have ended the agreement.

Now would I be right in thinking they have been pretty stupid here?, and did I read that they cant take any action unless a default notice has been issued?, ofcourse i'm not going to speak to them, just holding out for something in writing because I gather written termination is key. Really strange though, they dont ring or write or anything, just a statement once a month.

The moment you become one full month in arrears then a lender can default you - they will try and say a DN was sent, or they may well send it later - whatever, if the dates to not link (i.e. the CRF default date & the default notice) then you can apply to get them wiped, however a lender will just remedy their breach and issue a correct DN which is what they all seem to do lately.....

Just wait and see what develops and whether they send an actual DN to you - without which, they'd struggle to enforce the debt anyway.

[BigCraigJohn]

Re: Default on credit record yet no default notice received.

Right the debts now been sold to 1st Credit.
I cant remember what actually ever happened, I dont think I did ever receive a a default. Really crazy situation, pretty sure Opus only ever wrote to me once in the 16 odd months and that was not a default. Need to dig out my papers see what I have.
1st credit have been writing to me for the last month though.