thanks Andy

I will wait and see if they start proceedings

E

how do I update Andy,

hi mike

yes it was brown,

I was going to reply and let them know that this default notice is invalid

as it was on an account that had been terminated

and been through two court cases already.

e

Hi All

Update. received letter from Chivers Easton who act for Aktiv,

ie bases of letter is that a Default notice was served on me

and I have 14 days to settle account or proceedings will be issued without further notice.

I am thinking of replying but not sure how much detail I should go into with regards to the default notice

and what I would defend this on.

Any ideas would be gratefully appreciated.

Thanks all

thanks andyorch,

I was standing on the line of which way to go. and you are right going to sit back and see what they do next, I will post up when ever I hear from them,

Thanks you and others for their input.

Hi all

Thanks for the info so far.

I am now thinking on sending a letter to DCA and would appreciate an input in what best to put in the reply letter to the default notice.

hi andyorch

The agreement was terminated in writing from Egg.

then two court cases where the DCA also stated it had been terminated,

one concern is that they will report me to the CRA again for the same debt,

the old one is off now as its gone past 6 years.

if they did that it could be a night mare to get it removed I think.

Just wondering whether to write to them and tell that they can not default me for same debt twice or wait and counter claim.

Thanks all.

Thanks Ford.

No not look at no win no fee but will check it out, anyway I will see if any other advise come along, but what ever, I will defend again if I have too, if that get away with this then it just means they will keep taking others to court until a judge agree with them, I shall keep you updated on out come.

thanks Ford

I will wait and see if anyone come up with any other opinions,

Hi

thanks for the info.

It seem clear that the default notice is for a live agreement and not used for one that is terminated,

I also see it states notice of 28 days should be given before default to CRA, not 18 as in default notice.

Now would it be better to reply to the DCA and tell them that the Default notice is invalid

and why I think so including you can not default the same debt twice.

Doing this could they just change this one and send out another.

Or should I wait and let them take me back to Court and counterclaim for damages,

there is a date for when the balance is to be by, ie before 16th April 2014.

Letter was dated 25th March.

sent first class.

the expiration of 18 days is for when they will report me to CRA.

The copy of the letter is what I received

I have only took of Header and footer and took out account No and amount.

This was drawn up and sign by the Legal & Compliance Officer from the DCA,

hi Bazooka

The amount is the full outstanding amount, and there is no date for when they will Default. other than 18 days from date of letter.

hi all

the attached letter is the one sent, what I was trying to find out is whether you can default a terminated agreement.

thanks

Thanks for your reply.

I will try and upload letter with header and footer removed also any id info.

This was original an Egg card,

that's who put default on CRA and

Egg Terminated the agreement at the same time.

It was then purchase by Aktiv that's who I have been to court with twice now,

going again I think would be an Abuse of Process.

Hi all

Looks like in for round three,

I have been re-issued with a default notice for the full out standing debt from the DCA in their name.

it say if I don,t pay full amount by such a date then they will report me to the CRA,

this has already been reported to CRA back in 2006 by OC.

and then start legal action,

can they do this again.

how can i be in breach of an agreement which was terminated then dragged through 2 court cases both I won.

Any thoughts on best way forward.

thanks

Hi bazooka

last payment I think was end of 2008. see post number 15 for where I am with dispute.

On checking what records I have it is possible that I could have paid about 150 to 200 pounds in token payments in 2008 and

nothing since then,

the disputed was going with Egg prior to and during 2008.

E

It was terminated in 2006 ,

but not sure if I made any token payments after that I will have to check to see if I did.

But I guess a token payment would be acknowledgement of the debt.

E

Hi

I now have the N24 and it state.

The claim to be dismissed.

E

I have not had the info from the Court yet, but he did say Dismissed the claim, and not struck out.

He was satisfied that no DN had been sent or received by me and that the agreement was terminated unlawfully, and Dismissed Aktiv case.

Sorry for that will try and keep things in order.

This is an old Egg agreement back to 2005 for approx 5.5K.

Default put I my credit file in 2006 and agreement terminated,

I was not aware of this at the time as I was still sending and receiving letters from Egg who said they were looking into my complaint.

After a few other DCA and more letters Aktiv then appeared and said that they have now purchased the debt.

So again started all letters again.

Then late in 2012 they took me to court for a Statuary Demand which was set aside and

they went off in a huff leaving me with their bill for cost of 2K which they could,t have..

My Defense was Agreement did not conform and no DN sent.

Then more letters sent back and forward, and then they took me back to court again.

This time they came with barrister and witnesses so they meant business.

my defense was the same as before Non conforming Agreement which Judge did not accept,

and No DN sent or received which the Judge did Accept and Dismissed Aktiv Claim.

off they went again leaving me again with their Bill for costs at 5K this time which they could,t have. and went off in a bigger Huff.

I am sure that they will not leave it there, and they said that they will look to send DN and will take me back to court.

The Judge was not sure if they could or could do that, with out looking at what the law say.

That,s where I am and now looking to find info on what they can do when agreement has been terminated

with regard to sending out new DN as they are not the original lender.

E.

If the agreement has been terminated, Can they then issue a default notice on to a agreement that no longer exist.

ok would this have to come from the original lender who terminated the agreement prior to selling on.

or from the DCA which bought it.

this goes back to 2005 so there is not alot of info like what the arrears were at the time the default was put on.

Thanks for your reply Brigadier

I understand that they can,t default me again,

But the issue is that no default notice was ever sent,

They took it to court on a statuary demand which was set aside due to no Default notice,

since then they have informed me that they will just issue another Default notice which would allow them to take me back to court.