Scottish Power

[Drowning but not sunk...]

I have received a letter from Scottish Power stating that they have registered a "default" on my credit file as I have not paid the outstanding balance. They have never sent me a default notice. They have simply registered the default as such am I within my rights to take them to a county court to have the default removed? Or could they simply issue a default notice now and back date it?

[asokn]

If you haven't paid them then they can do it. What would your claim be? You've not paid.

[Drowning but not sunk...]

Due process - by registering a default notice without following the correct procedure CCA 1974 then they have breached my statutory rights? They have caused damage to my credit rating by registering a default notice without giving me the correct period to remedy a breach. As such I seek damages. The amount I owe is relatively small as such I wiould expect them to write off the balance in tern I would make no complaint re the incorrect registartion of a default notice. Subject to the removal of the default notice...

[asokn]

It isn't incorrect to register a default when you've defaulted!

[Drowning but not sunk...]

Do you understand the CCA 1974 and how it applies to utlility companies. If you do then great I appreciate some constructive help if not then why are you simply stating the obvious? Or are your simply trying to increase your post count?

[asokn]

I'm sorry you don't like my replies but I have gven you the answer in a clear and easy to understand fashion. I note that you are hoping to use this spurious argument to succeed in getting your debt written off, good luck and if you're confident that a default can not be registered even though you accept you've defaulted then issue a claim and take the risk in costs.

 

It is very disappointing that when one receives free legal advice that they don't like they simply fail to accept it. However, I will not discuss my knowledge of the law as I am a practitioner and appear in court five days a week. I like many other lawyers on this forum would not wish to be identified.

 

By the way, if it is as you say "obvious" that a default can be registered in these circumstances why on Earth are you arguing with me about it?!

[Isiris]

Drowining

 

Not being funny but this isnt a credit agreement so the CCA is irrelevant. You havent paid, so you have defaulted in your agreement. Like I said, and what askon says, this has no relevance to the CCA

[ScottishPower Company Rep]

Hi Drowning but not sunk...

 

Prior to registering a defualt we do seen warning notices, however we cannot gaurantee that these are recevied depending on what address we hold for you. If you have moved address and not told us and we are unable to trace you it is likely you would not receive the letters. if you contact us we can send you copies of the letters sent.

 

Kind regards

 

Graeme @ ScottishPower

[dave354uk]

Hi Drowning but not sunk...

 

Prior to registering a defualt we do seen warning notices, however we cannot gaurantee that these are recevied depending on what address we hold for you. If you have moved address and not told us and we are unable to trace you it is likely you would not receive the letters. if you contact us we can send you copies of the letters sent.

 

Kind regards

 

Graeme @ ScottishPower

 

Can you also send him the documentation that allows you to register a default? I thought you would have to have his consent to process his data?

[ScottishPower Company Rep]

dave354uk this post was some time ago and the customer in question has been dealt with, if you need any information yourself please contact us by private message or email at onlinecomplaints@scottishpower.com

Thanks

Lee-Anne @ ScottishPower