Executed not excited...although you may be if its dismissed:-)

Executed not excited...although you may be if its dismissed:-)

predictive text

Best of luck for tomorrow Dave...please update your thread......good or bad.

Lets hope its a " predictive " result for you.

Regards

Andy

Thankyou Andy I will update.

good luck Dave

Judge put me in a room to chat with their solicitor and he is trying to say that their stance is that the reconstituted cca stands and is ok.

He also says that they are under no obligation to give me a default notice as the time has passed and no contract stands.

Going in with judge soon. Any advice guys?

as post 68

Well all done and dusted and lost.

Judge sided with them after a lot of confusion and reading through acts.

Totally dismissed lack of default notice as said it had expired.

Put it down as a simple debt and that the contract had expired after 50 weeks from taken it out (date I was due to finish)

Total judgement for £498 cheaper than what they wanted but still gutted.

How can a Default Notice expire ? and what has that got to do with sections 87/88 of the CCA1974...?

Quality of District Judges making these decisions is appalling.

Andy

That's exactly what I was trying to tell him but their sol kept saying that the contract had expired after the 50 weeks etc.

What was amusing though

is when the judge said about what he was awarding

the sol said well the contract states how much was left owed etc

to which I said so how can the contract be expired after 50 weeks but now you want what the contract says??

Judge even said he was not clear on the cca and had to keep referring to his books

Ah I see ...are these agreements classed as running credit or fixed ? If fixed I see what he was referring to that the loan term had expired...but still they are required to issue 86B Notice of sums in arrears under fixed-sum credit agreements etc....and of course default notice pursuant to sec87.1

A debtor must be allowed to rectify any breach within the prescribed term of 14 days...hence the requirement of a Default Notice....sec89 Compliance with default notice.

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums

provi doorstep loans were fixed term weekly

5,10,20,30, etc upto a max of 50 weeks I think

I've paid it off in full so I don't get a ccj but Thank you all for your input it's been much appreciated.