That is certainly an excellent point for discussion! Perhaps another one of the things the creditors are allowed to do when it suits them! But yes, where does that leave the debtor? That seems a very unfair thing to do, but I am sure it has happened to many.

Heads

Oh no offence Donkey!! I literally meant it sounds funny! I am not trying to distinguish between criminal and civil law, just used it as an analogy!

:lol:Ha ha ha!!! That's sooooo funny! It is like saying "an unlawful act of murder is one that could have not happened, because it is unlawful".

From my own thread, posted by another......... 'As far as alternative pleadings are concerned, if a claimant should wish to amend his statement of case then he must comply with CPR Part 23 and file an application seeking the court’s permission to amend such (this applies to the defendant also). One cannot plead his claim in the claim form and argue with some other matter not set out therein(without compliance of said CPR). Statute says it all; it really is quite simple, regardless of what others may ‘think’. Default notices 87 Need for default notice. (1)Service of a notice

[no] sleep!!!!!!

Got

Gained

success!!! (Evening ims21)

Geography!

From what I have read on here, Termination is denoted when you receive the TN and also the account(s) have to be terminated before they can start legal proceedings. SB

Oh hello again Mr M and thank you for the above! Hope all is well......... Does this mean that the arrears cannot be claimed too? SB

If they have terminated then they can't have another go, because they have already terminated through a TN and also started court proceedings. I think it means in this scenario they have unlawfully terminated; nevertheless, they terminated. In effect, I think I might be right in assuming that they now lose their right to enjoy s87. This would now limit them to claiming only what was actually due before Termination, ie the Arrears. If I am wrong in what I am thinking, I am sure someone will come along quickly and correct me!! SB

Yes......the DE-MINIMUS rule has been BUSTED! Well done to Mr B :0)

Thank you Shadow! SB