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Re: Durkin Supreme Court Judgment - 26 March 2014
Now here's a point of confusion (another forum) that hopefully nobody on AAD will incorrectly believe to be fact -->
basically the poster is confusing a default entry with the CRA over a formal s.87/88 notice. Both are entirely separate and must be treated as separate. The default in respect of the CRA entry will always be allowed by the ICO if indeed the debtor is between 3-6 payments late and prior to the [D] entry being recorded there is factual evidence that the late entries preceding the Default exist (ie status 1, 2, 3....).
Guys DO NOT think this case helps us UE fighters. It does not. so if you see posts such as the above quote you must ignore the content as incorrect in entirety.
There will be a lot of people thinking this case helps them; it doesn't & won't unless you've rescinded a contract or in other exceptional circumstances. Our version of "Dispute" and the technical guidance version described in FCA CONC is entirely different. Chances are nobody on AAD really has what's called a genuine disputable point to argue.
If your specific case warrants referral to Durkin then we'll guide you anyway.
Now here's a point of confusion (another forum) that hopefully nobody on AAD will incorrectly believe to be fact -->
A creditor cannot simply report a default on a debtor's credit file unless it has served a notice of intent to file one, giving the debtor at least 28 days to fix the problem. This is set out in the ICO's guidance as well as the Lending Code.
Guys DO NOT think this case helps us UE fighters. It does not. so if you see posts such as the above quote you must ignore the content as incorrect in entirety.
There will be a lot of people thinking this case helps them; it doesn't & won't unless you've rescinded a contract or in other exceptional circumstances. Our version of "Dispute" and the technical guidance version described in FCA CONC is entirely different. Chances are nobody on AAD really has what's called a genuine disputable point to argue.
If your specific case warrants referral to Durkin then we'll guide you anyway.
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