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Is this default ok?


octron32
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Hi all, have received this from Abbey, the amount contains charges and interest so I know that it is invalid because of that (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255), but is there anything else wrong with it? I have read threads about words needing to be underlined and bold and that it should contain certain things but the ones I have looked at on here are all different (you would think there would be one standard). Anyway apart from the amount is the rest ok?

 

Hopefully one of the Gurus could give it a once over.

 

thanks in advance.

 

abbey2.jpg

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i have removed the address under mrs, the date the ref number, account number, overdrawn balance and the amount in action to remedy required to remedy the rest is.

the date is the 15th and the frank stamp on envelope is the 22nd.

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it doesnt even come close to compliance with the Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561)

 

Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

 

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement—

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

 

 

This Default notice fails to have the following statements in the required form

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

 

also, can you confirm if the notice has a date on it and when did you actually received it?

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  • 3 weeks later...

Hey, just wanted to check what action followed after this post? I have 3 very similar defaults from RBS which they have just recently sent me a copy of after I requested them. They sent them 31 January 2007 bit I had moved house 16th January 2007. Are the defaults enforceable? Can they be removed?

MBNA - £308.40 charges refunded :roll:

Halifax - £190.00 charges refunded

RBS - £2100.00 bank charges refunded :p

RBS - Pursuing PPI claim and removal of 3 defaults

Barclaycard - £290.00 charges refunded

T-Mobile - default removed :grin:

Littlewoods - no CCA - removed account

Forth Housing - CCJ to remove :mad:

Lloyds TSB - Pursuing refund of £800 charges

JD Williams - no CCA - pursuing

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