But they are demanding full balance on the DN, i thought they had to serve the DN first, and once it had expired then they get the benefit of section 87, not before. 87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a " default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e) to enforce any security. (2) Subsection (1) does not prevent the creditor from treating Or am i loosing it, probably:D GG

Hi Elg Was the letter 1st or 2nd class for the DN, if it was 1st class the dates look ok unfortunately. But something isnt right, i didnt think they could demand the full balance until the account was terminated or the DN had run its course. GG

The 25 days are up for the n252, anyone got any experience on Default costs certificates. GG

Thanks PF I think i will wait for their new claim form, im sure it wont be long after the DN expires. GG

Thanks mandy I had their claim struck out because of an invalid Dn, their solicitor believes they would issue another Dn and re-issue proceedings. I will have to defend this on the basis that the account is terminated therefore no agreement is live no case to answer. Thanks for posting i am following fairyblue's thread very closely at the moment. GG

Hi M Just to let you know i received an offer for my costs around 2 thirds of what i asked for, my position is take that offer or wait for the hearing which i beleive is the same date as you. So i think they will make you an offer before court. Regards GG

Thanks steven i agree, but in my position now, would it be best to let the DN run its course or write them a letter explaining that the new DN is worthless? GG

Thanks for your time on this Rob, much appreciated. Did you ever send the claimant a letter about the terminated agreement? Hi CCM they have only issued another DN at the moment but i think they will be issuing a claim as soon as the remedy time runs out. Is it worth me sending a letter to mbna and explain the fact that the DN is worthless as the agreement is terminated. I also have some data from my SAR that suggests they terminated this agreement last year long before any DN was issued, even though monthly statements ceased in February this year. They also registered a Default with the CRA before issuing the first DN, dont know if thats relevant. Would appreciate some advice on this Thanks GG

Thank you Steven

Optima Thanks GG

On studying the new DN it has the same remedy amount as the first DN, if that was the case this must confirm they terminated after the first invalid DN, otherwise they should include monthly payments since the last DN. Or am i loosing the plot GG

Thanks 42man The new DN seems to be ok, although they may struggle on the paragraph 8 issue. The notice of termination was the original DN thats what they have stated in court and documents, thats what i am concerned about, the judge said that if the original DN was invalid the termination was too. I however have a witness statement from them stating the account is terminated, also some info from my SAR that leads me to believe the account has been terminated last year. Also they registered a default at the CRA before issuing the first DN, dont know if that is relevant. GG

Thanks CB Appreciated GG

Hi all A new DN arrived today for this terminated account, please could someone advise on a letter including some case law i could send them. The DN looks good apart from the paragraph 8 again. Anyone please Thanks GG

Thanks CAR And CCM much appreciated. GG

Which is what i said to the judge and the judge said i dont think you can do that, you cant have it both ways. So i am a little GG

They said the DN was also the TN, but i have documents that state the account was terminated months before they issued a DN, and they also registered a default with the CRA before issuing a DN. Not sure thats relevant. GG

Thanks CAR when i mentioned to the judge it was terminated on the back of the invalid DN so how could they re issue, the judge said i couldnt have it both ways if the DN is invalid the agreement was still live, that isnt right is it? GG

Thanks CB GG

But the judge seemed to agree, even when i pointed out that it was terminated GG

Thats what their sol said they will prob issue another DN, can they do that GG

Hi all, claim has been struck out, invalid DN! Their solicitor thinks they will re issue proceedings:confused: I do not understand how as the account has been terminated. But a victory for now. GG

Thanks Elg Will post later. GG

Thanks tmm

Thanks CB