Check whether a first-default notice is due
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the lawyer has marked a direct-debit authority for a credit contract that is not a low cost credit contract, or a low cost credit contract. Record whether the lawyer has marked this as the first default. Count 14 days from the default for a notice to the debtor and any guarantor. Do not list the prescribed contents and do not draft the notice.
- What the lawyer must review
- The lawyer decides whether section 87 applies, classifies the contract, decides whether this is the first default, and settles the notice. The regulations that prescribe the contents were not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Record whether the lawyer has marked a direct-debit authority for a credit contract that is not a low cost credit contract, or a low cost credit contract. Record whether the lawyer has marked this as the first default. Count 14 days from the default for a notice to the debtor and any guarantor. Do not list the prescribed contents and do not draft the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- One gate is a debtor who authorises payment for a credit contract, other than a low cost credit contract, by direct debit, where default occurs and it is the first occasion. The other gate is the first payment default under a low cost credit contract. The definition of a low cost credit contract was not opened.
- The notice goes to the debtor and any guarantor within 14 days of the default. It must contain the information prescribed under the regulations. Those regulations were not opened. Do not list contents.
- The section does not affect any other requirement to give a notice. It is not the default notice that must be given before enforcement proceedings.
- Do not quote a penalty.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.