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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check and if I still am,  I am going to discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
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Stagparty -v-RBS Mint - Default Notice rec'd


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Hi there, hopefully below are links to the two letters I've received yesterday from Mint. The first appears to be a letter telling me they are going to issue a Default Notice, the second is the Default Notice. Could someone please cast as eye over them and let me know if they think they are valid or not? For information they were posted 1st class.

 

Thanks in advance

 

This is the letter

 

This is the default notice

Edited by Stagparty
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Could you make the DN bigger by any chance, can read the letter but not the DN!

 

Hannah x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Hi Hannah

 

I don't quite know how to enlarge it :( But if I click on the text after the window opens the picture does get bigger and should be readable...

 

Pls let me know if that doesn't work and I'll try to re scan it

 

Thanks - SP

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Thanks SP, that does work now!

From a quick glance I'd say it looks defective, as its not stating an actual DATE for you to remedy the breach. I'm pretty sure that they cant just state "17 days after the date of this Notice".

Await expert info on this one, but I reckon that it won't hold water :)

 

Hannah x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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SP..have a read of this thread hun.....

 

Same OC too!

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/188673-faulty-mint-default-notice.html

 

Hannah x

  • Haha 1

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Please try not to have anymore sleepless nights...you are in good hands here! There are so many knowledgable peeps...I'm a relative newcomer (well to Default issues anyways) and every day I learn a new bit of info..its an amazing place to be :)

I'll try to keep bumping this thread for you, as I'm sure there will be other bits of your DN that dont comply, and others with more knowledge will be able to pick out.

Hang in there!

 

Hannah x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Have you scanned your DN up Scary? Feel free to put a link to it in this thread :)

 

Thanks again for your help Hannah, realising that you aren't alone and there are people willing to help really does make a difference!

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Is anyone else able to pick more holes in the DN?

 

Could someone also please tell me what my next move should be? If I've understood things correctly I sit and wait for them to issue a Termination Notice and at that point I only legally owe the arrears?

I've also CCA'd them and I think the time line for them responding is very very close to the date the DN is due to apply.

 

All advise is gratefully welcomed!

 

SP

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Hi Supasnooper, it was sent 1st class, I have kept the envelope. A previous comment and a link to another thread suggest it may be invalid due saying you have 17 days in which to rememdy the breach rather than an actual DATE by which it should be remedied.

 

I'm still unsure of the real meaning of an invalid DN, am I right in thinking that it means only the arrears are payable if they issue a Termination notice?

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  • 4 weeks later...

Subbing

 

I too have received a default notice with "17 days" sent first class from Mint. Is this a dodgy default notice are they supposed to give a date on the notice of when to pay by or can they just say 17 days?

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Hi Reader - I think the opinions given before were that the DN needs an actual date rather than give a number for you to calculate a date. Other opinions and advice as to what an invalid DN means in practice would be much appreciated.

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In short, an invalid or ineffective Default Notice only allows for the creditor to seek to recover ONLY the amount of the arrears stated in the Default Notice and not the full amount of the debt.

 

Please read the post in the link below which minutely describes how Default Notices, Terminations and the necessary laws come into play( Courtesy of Banker_Rhymes_With ) -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

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OK, update time... Mint have carried out their word and issued a Termination Notice telling me they will register a default in 28 days with the CRA's. In a seperate letter received on the same day they have agreed to my request (made as soon as I realised I was in financial difficulties) to make token payments for the next few months and suspending interest.

 

Two questions spring to mind that I would be very grateful to receive some help with...

 

1. As I have a fair few other things on my mind at the moment, if I do make the monthly token payments, will this mean I can't come back at them in the future because of the faulty DN (it mentioned a 17 days rather than the date by which the default had to be rectified)?

 

2. If I decide I'm ready for the fight now (I'm sure they won't just admit their DN is faulty[will they?]) am I better to write to them and tell them the DN is faulty and I believe the account has been improperly terminated and so I'm only liable for the arrears before they actually register the default. Or do I let them register the default, not make any token payments, let them come after me and then hit them with the faulty DN?

 

Or does anyone have another strategy?

 

Thanks in advance everyone

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  • 4 weeks later...

Hi Pipster

 

Sorry to advise that I haven't actually addressed it with them yet, and they haven't come after me. Most of my time has been spent dealing with an officious so and so at MBNA. I'm still unsure what to do with Mint so if anyone else can help please feel free to do so!

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