Thread: Cap One Default Notices

Hi
On my cap one default notice which is dated 16 jan 08 ..it says to pay arrears within 23 days from the date of the letter..?is it valid?

im not to sure but it does give over 14 days..but are they suppose to give u an exact date?

I am about to argue in court that it must give a date:

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 state and emphasise that the date by which a breach must be remedied must be given as a specific date :

Schedule 1 (2) (c) if the breach is capable of remedy, what action is required to remedy it and the date being a date [not less than
fourteen days] after the date of service of the notice, before which that action is to be taken;
This is also stated in the Consumer Credit Act 1974 87 (1):

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;


CrapOne won't accept it of course. I am afraid you will have to go to court to get it off.

Thanks pinky..OH cap1 is now sold to lowells..they threating him An SD..A man that has nothing to give if they make him bankrupted..they refuse to acknowledge our offer of £5 per mth..I have read on here that is must give a date also on DN ..Would it be wise to let lowell know that ?? or just wait and see if they SD then defend on that basis ??

im following your thread with intrest by the way

Have you asked for a copy of the agreement because if it is for a debt before 2007, cap one don't have any agreements. You can then get an SD set aside on the basis that there is no agreement.

Yep got the agreement and unlucky for other half it is enforcable as the guys on CAG told me ..so looks like lowells do by enforcable debts and it was 2005