EGG vs Hondamad21

[ncf355]

Hiya,

 

Consumer Credit Act 1974 states that they have to send you a default notice prior to taking action

 

I quote from the OFT (in an email sent to me on just this subject):

 

You furthermore state that you believe the comments made by EGG that they do not have a signed copy of the default notice as this is done electronically in response to your request is incorrect and unlawful.

Under section 87(1) of the Act a default notice must be sent to the debtor or hirer before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement to:

- terminate the agreements, or

- demand earlier payment of any sum, or

- to recover possession of any goods or land, or

- to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

- to enforce any security

I can confirm that such notices may also be sent electronically, but they are not deemed to have been served on the debtor or hirer unless a paper copy is presented or sent to him.