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  • Can anyone confirm default notice compliance please

    Hi all,

    Hope you all had a great Christmas and a happy new year to everyone.

    I am pleased to say that all of my challenged accounts are now SB and have begun dropping off my credit reference records.

    There are few that are still sitting there for a few more months and just out of interest could you advise me on the following.

    If a creditor failed to comply with my cca request/reminder and I notified them they were in default
    were they entitled to issue a default notice or take any other kind of enforcement action against me until they complied?

    It seems that what is considered enforcement has changed in recent years, but as I issued my default on them in Dec 2009 and my template at the time stated they could not issue default notice or share info with credit agencies were their actions legal under the terms of the cca at the time?

    All opinions welcome.

    Thanks all.

  • #2
    Re: Can anyone confirm default notice compliance please

    Yes they can issue a default the moment you are a payment late..... It's nothing to do with CCA requests.

    A default must be accurate, ie reflect the true events. Simple question - did you fall into arrears? If yes then the default is likely lawful (they have 9 months approx since last payment to do it).

    As for enforcement, a CRA default is nothing to do with s.87/88.

    Just sit them out - you don't have long to wait now
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    • #3
      Re: Can anyone confirm default notice compliance please

      Excellent advice as always.

      Thanks for clarifying that for me.

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