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About aguycalledrufus

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  1. update... ... I received a letter from the Solicitors advising that they will lodge a notice of Discontinuance and then they will be able reissue a correct DN. well I received a Notice of Discontinuance a week later! ... nothing in the last 2 weeks...
  2. My previous defence was that the Default Notices had not been sent to me. Last week they were forwarded to me (it only took 7 months!) My defence will be based around the following 2 points... 1). The Loan Default Notice is invalid as it did not provide me with 14 days to rectify, even allowing for 1st class posting. 2). The (Overdraft ) Notice served under Sections 76(1) and 98(1) can only be used to give notice of termination in non-default cases s76(6) and s98(6). This notice was sent when the Overdraft had breached. I have another Pre-Trial Review next week and the judg
  3. The Solicitors have now emailed me a copy of the Loan DN... I've never seen the above DN before so I'm still not sure if it is a True Copy of the original. Did they fall short on the 14 days? 06/05/2009 - Wed = DN Date of Issue 07/05/2009 - Thur= DN in transit +1 day. 08/05/2009 - Fri = Date of Service (+2 days from Posting) 09/05/2009 - Sat = 1st Clear Day 10/05/2009 - Sun = 2nd Clear Day 11/05/2009 - Mon = 3rd Clear Day 12/05/2009 - Tues = 4th Clear Day 13/05/2009 - Wed = 5th Clear Day 14/05/2009 - Thur = 6th Clear Day 15/05/2009 - Fri = 7th Clear D
  4. After a bit of research, the notice from the 6th May is a valid Default Notice for an Overdraft. I'm still not sure why RBS Credit Management Services would send the 2 loan letters above if the loan account had been properly defaulted & terminated :-?:-?:-? - or do RBS have to keep sending the notices them whilst Irwin Mitchell pursue the court claim?
  5. Latest Letter from RBS.. I thought that under a regulated Credit Agreement a Creditor must serve a valid a Default Notice, and then a valid Termination Notice before Court Action. I believe that the letter below confirms the fact that RBS believe that loan is at the Arrears, and have therefore not yet issued a DN, nor a Termination Notice, whilst the Solicitors have gone straight to Court!
  6. Hi CitizenB - no, not yet, I really wasnt sure if I wasnt doing the right thing and wanted another opinion, what do you think?
  7. BUMP - looking to drop this off tomorrow - is this short & concise Amended Defence OK? Thanks, Rufus
  8. Can someone also have a look at the Amended Defence - the judge mentioned that the original was "lengthy" and was only 1 1/2 pages! It only relates to the fact that no DN was served for the Personal Loan. If there are issues with the O/D DN attached in an early post today, I will add those. AMENDED DEFENCE The Claimant has not served a Default Notice to the Defendant relating to the Personal Loan, nor has the Claimant provided the Default Notice when requested by the Defendant. The Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default
  9. As said earlier, the only DN that I've received is one for the Overdraft. I've never received one from the Loan, even though RBS say it was sent on the same date (6th May) Anyway, would someone have a look at the Overdraft D/N and let me know if it is valid...
  10. Phoned up the Court to say that I hadnt received the details of the teleconference. I was put through to the judge who advised that it may not have gone ahead as I was using my phone to contact the Court directly when the Solicitors were trying to get through to me. I guess it is possible, but I just didnt expect that reply! A new PTR is going to be arranged at future date. Whilst on the phone, the Judge did ask if I wanted to amend my defence. The defence is still similar to the original defence, however it now focuses more on the absent DN rather than the absence of all Agreements,
  11. any last minute advice? - any & all gratefully received!
  12. I called twice, but the Receptionist was unable to put me through to the person handling the case and I didnt leave a Voicemail on her answerphone. So, I'll give her a call tomorrow morning and hopefully get through to see if something has been arranged. As far as my defence goes, should it be that no DN has yet been issued? - it doesnt appear that the Loan has been Terminated either. I'm getting very nervous now that its tomorrow
  13. I've just finished speaking to someone at the Courts regarding the Telephone Conference details. She confirmed that it is Irwin Mitchell who should have arranged this and they should have provided details to me by now. She wasnt sure how to proceed, but suggested that I phone their Solicitors to obtain the information of the call. I've not actually spoken to Irwin Mitchell yet as all communication has been done in writing so far, and I dont particularly relish making the call, partly as I am at work, and partly because I believe that they should have posted me the details witho
  14. Friday Morning... According to the previous letter from the Court there is to be a PTR (Pre-Trial Review) this Friday. It says that the Claimants Legal Representative is ordered to arrange the Telephone Conference. I havent heard anything about what to do next - do I need to go to Court for this, or should I have received Telephone details by now? How long is the PTR likely to be, and what should I expect?
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