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Default Notices : What they are and EXACTLY what they must contain (OFT)


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I think some people should find this useful when trying to get defaults removed, we all know that loads of companies dont even send out a default notice before trashing your credit files, this is from the OFT website and explains what a default notice is and more importantly what it must contain for it to be legal.

 

If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998

 

Feel free to tip my scales if you find this useful :)

 

Office of Fair Trading

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft020.pdf

 

Matters arising during the lifetime of an agreement

Consumer Credit Act 1974

 

 

  • Haha 6

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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I see you are ongoing with WF, I am waiting for a hearing date re the default notice argument I have included with my unfair charges claim, I am hoping they will not ask for their costs as GE have done by counterclaim!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 5 months later...
No need for the sarcasm i did look on the site for the option to register before posting.

 

 

thanks :

 

just one or two tips

it is very easy to NOT remember where you saw something so either print it out immediately

 

----- or email the link to yourself ( or to a second special email address - just for cag ) and also cut and paste some of the document into the email

 

-- a diary is a very good place to make notes as well ---

 

if the post was on 24th july put a not on that date etc

:cool: sunbathing in juan les pins de temps en temps

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Hi Fantasy

 

let me apologise for my post I was not having a go and appreiciate all the excellent help and advice that you guys give

 

It is no excuse but I have had a really tough couple of days of reading all that I can on the site regarding removing 3 satisfied defaults from my file 2 overdraft accounts and a vodafone contract. I am attempting to buy my first house and they are proving a problem.

 

I regiestered a long time ago on this site when i initiated my charges claims and never thought ihad much to add constructively so didnt seem fit to post

 

I feel like i have read the whole forum but just keep going round in circles, and to cap it all the space bar on my computer wont work properly.

 

I have started a thread so people can check my progress http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/123573-3-defaults-remove.html#post1282738

 

Apologies again for any offence caused

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Wasnt just me then. I still have not found the register link but this is what i have been told is required on a default notice. Please add or correct as you seem fit. Hope it helps.

 

 

A Default must contain a number of regulatory requirements. That it is served under the Consumer Credit Act, the demand must say who you are, delivered to where you live (or work), who the creditor is, their address, how to contact them, what is owed, what it is owed for, when you must pay the amount by and what will happen if you do not pay i.e. “if you do not pay £100 by 12/11/99 we will take legal action”, and finally that you should seek advice…

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