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I have long wondered about the legality of default notices when they are sent by email- we all know that some , or all payday loans communicate by email.
Anyway I was looking at the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and found it odd it was out of date - for example it said 7 days for a DN when we all know it is 14. There was no most up to date version
I then found the consumer credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 and this little gem
“(4A) Any notice to be given under a provision of these Regulations shall be in writing and given to the debtor or hirer in paper form.”.
So it seems any default notice that has been served by email is in fact defective but of course proving how it was served maybe a whole different ball game.
Anyway I was looking at the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and found it odd it was out of date - for example it said 7 days for a DN when we all know it is 14. There was no most up to date version
I then found the consumer credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 and this little gem
“(4A) Any notice to be given under a provision of these Regulations shall be in writing and given to the debtor or hirer in paper form.”.
So it seems any default notice that has been served by email is in fact defective but of course proving how it was served maybe a whole different ball game.