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  • #1

    Do they require Proof of delivery that default notice was sent?

    Hello,

    I have a default registered on my Equifax Credit file for a company called RiskInc (PDL). I fell behing with payment of the PDL but never received a notice of default.

    I have asked them to provide proof that they sent the notice and they said they don't have the proof as it was only sent by first class standard post.

    Can anyone tell me where I stand with this regarding getting the default removed from my Equifax file.

    Accoring to Equifax account opened 04/02/11, default registered with them 10/08/11. Initial loan £200, default sum registered £450.

    Many thanks in advance.
    Tags: ban, banned, cca, class, cra, cras, credit, credit reference, data, dca, dca's, debt, debts, default, default notice, default removal, defaults, equifax, files, fine, fos, ico, loan, niddy, pay, pdl, penalty, pope, reference, removal, settlements, unfair
  • #2
    Re: Do they require pProof of delivery that default notice was sent?

    Answered here --> allaboutFORUMS - View Single Post - Credit reference files and partial settlements
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #3
      Re: Do they require pProof of delivery that default notice was sent?

      Originally posted by Never-In-Doubt View Post
      Answered here --> allaboutFORUMS - View Single Post - Credit reference files and partial settlements
      Hi Niddy?

      It doesn't mention in tha post about whether they require proof of delivery for default notices. I was wondering if they need to prove that they sent me a notice?

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      • #4
        Re: Do they require pProof of delivery that default notice was sent?

        Yet again you're confusing a DN with a CRA entry hence re-read my post in that link.

        A DN has sod all to do with your CRA. You're arguing CRA data so what difference does the s.87/88 DN make?

        None.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Do they require pProof of delivery that default notice was sent?

          No they do not need proof.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Do they require pProof of delivery that default notice was sent?

            I've said several times on AAD - search default removal - you will never get the Default removed.

            Why the urgency over this? You don't pay your debts fine that's up to you but FFS at least accept the 6 year penalty that comes with it. You're asking the same question a variety of ways. You will have more chance of the pope being a rangers fan than ever getting a PDL to remove a default.

            If you cannot afford to sit there and pay back in full then that default rightly stays.

            You need to understand this. Asking the same question with a different spin changes nothing. Sorry but Its really not that hard to grasp. As for your other post about negotiating - speechless. The absolute opposite of what we stand for!
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Do they require pProof of delivery that default notice was sent?

              The Pope being a Rangers Supporter, No never even if he had a sense of humour?? Bet i am Banned now.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: Do they require pProof of delivery that default notice was sent?

                Assuming that you query whether a "notice of intention to file a default with the CRAs" rather than a CCA "Default notice" was sent, then......

                (1) They do not have to have absolute proof of sending. Internal records showing that their system produced and sent the notice would likely be sufficient for anyone (FOS, ICO etc) adjudicating on a complaint.

                (2) Not all circumstances recommend that such a notice is sent in the first place. Especially if the default is obvious and clear cut.

                (3) Where you have been warned somewhere in the account opening process or otherwise that defaults, non-payment, or performance on the loan/debt will be reported to the CRAs, even the ICO only strongly "recommends" that a notice is sent. Failure to do so would not normally be valid grounds for the default to be unfair if you had previously been warned it might happen in some form.

                Saying all that, I have seen a few cases where a lender rolls over and removes a default when they can't prove a notice was sent. Few and far between though, and I think a victory due to bluff, bluster and ignorance by the creditor more than a rock solid valid complaint.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: Do they require Proof of delivery that default notice was sent?

                  ^^^ Rizzle PDL's are the exception. Remember these are PDL queries....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Do they require Proof of delivery that default notice was sent?

                    Exception in what sense?
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #11
                      Re: Do they require Proof of delivery that default notice was sent?

                      Originally posted by rizzle View Post
                      Exception in what sense?
                      They don't conform to the norm!!!

                      One case out of hundreds here that removed a default. One.

                      Banks & dca's as a whole run into the many tens. Hell on my own ive had 30+ removed but only seen once a PDL do similar.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #12
                        Re: Do they require Proof of delivery that default notice was sent?

                        Originally posted by Never-In-Doubt View Post
                        They don't conform to the norm!!!

                        One case out of hundreds here that removed a default. One.

                        Banks & dca's as a whe run into the many tens. Hell on my own ice had 30+ removed but only seen once a PDL do similar.
                        Oh. I agree on that. I was just speaking more generally.

                        The short term nature of PDLs mean that the normal "wait for 3 months" missed payments is not really appropriate. ICO acknowledge this for (short term) PDLs. Hence any non payment that is not rectified PDQ justifies a default. HENCE, it is much much harder to argue against the default, even if no notice was sent, as in relation to the type of debt a default is obvious and not really disputable.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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