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BankBailoutNo3

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About BankBailoutNo3

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  1. Have just pulled out my file on this matter when defending previous claim. At one stage the claimant's solicitor wrote with a point by point response to my defence. In this they have stated the following: "You have put the claimant to strict proof that a default notice issued under Section 87(1) of the Consumer Credit Act 1974 was served on you as required by the Act. We would again refer you to our letter dated XX XXX XXXX in which we enclosed a copy of the default notice served under Section 87(1) of the Consumer Credit Act 1974 and dated XX XXX XXXX. We would submit that our clien
  2. The DN does not comply - does not allow for delivery - do you still have the envelope it came in - needs to be 2 working days for 1st class or 4 working days for 2nd class. Did the original creditor send you a DN as well? You should check that out.
  3. BankFodder, thanks for your response will wait and see what (if anything) turns up. I've been looking at Clynite's thread "Claim struck out - can creditor make new claim? - Well they have issued new claim." But in Clynite's case it was a judgment set aside and then a claim being struck out so don't feel my particular case is the same. Thanks once again, BB3
  4. Eighteen months ago I received a County Court Claim, I defended the claim on the basis that claimant had failed to supply a copy of the agreement and the default notice they issued did not comply - was sent 2nd class, arrived 7 days after date of issue, only allowed 10 days to rectify breach, and did not comply with regs regarding format etc. Claim allocated to fast track and date set for trial. Three days before date of trial Claimant discontinued, due to “the Default Notice issued did not comply with the required regulations. We intended to issue an effective DN and believe you rem
  5. Date of DN mentioned in POC is that of the first one issued. POC also states date they issued formal demand for repayment, which is date of letter sent closing the account and prior to 2nd DN.
  6. I have read Tale of a Dodgy DN with much interest. At present my only (and I think) thin hope of defending is the dodgy DN's and Termination letter. First DN arrived which only gave 12 days from the date on it to pay the arrears, also DN appeared to be missing a second page as not all required statements made. Five days after date arrears to be paid by received letter closing account (which I believe counts as termination) demanding full payment within 7 days or matter would be passed onto our solicitors. Then exactly four weeks after letter closing account I received a sec
  7. It seems then: Agreement/No Agreement Enforceable/Unenforceable Creditors take the same route, pass onto a DCA for them to hassle you into submission.
  8. Thanks Nicklea I would have happily accepted a more complex answer.
  9. Hope someone will be able to help me understand this a bit better. Requested copy of a Credit Card Agreement in Summer 2007. After waiting five months for a response, during which time I put the account into dispute due to their failure to reply with 12 working days, received two default notices (both of which did not comply) and a letter informing me the account was now closed. The document supplied has all the prescribed terms and is signed by myself, however the section to be signed and dated by the creditor has not been signed by them. This would therefore suggest th
  10. If anyone could help would be appreciated. (I cleared it with friend to post these having removed personal info). I'm not certain on position of PPI on Flexible Loan as they don't lend you the money purchase the insurance policy.
  11. Friend has located copies of agreements sent at time Loan and CC applied for. If anyone could take a look. Loan Agreement first [/img] [/img]
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