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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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Harry May

Default Notice Re-Issue

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Thanks PB, a lot of what you say above is slightly confusing to little old me I have to admit :???:

My opinion is based purely on my very small knowledge, I have no experience or links to anyone with such experience and therefore your opinion and advice is valued!

 

I have to agree, a typo is a minor technicality for the courts to actually make the decision that the agreement is therefore unenforeable however, if the debtor is not provided with the necessities that is afforded to them then surely this represents a prejudice issue? My case for instance does not involve a typo on a DN, no DN was present at all and there is a termination that resulted from this prejudice business error made by the creditor. So what reasons are DJ's giving of late for allowing another DN to be issued on an agreement that a reasonable person would deem none existent?

Lets say after a default on an account the creditor recovers the goods... No DN and no TN. This is the same senario only using a different entitlement afforded to a creditor after a valid DN.

Can the creditor return the goods, then issue a DN and a TN for the agreement to become capable of enforcement? To a reasonable person, if the goods were recovered or a TN was received either way one would believe the agreement is over and that the creditor no longer wants it to continue.

What I'm trying to fathom is what reasons for a failed defence is the DJ likely to return based on other cases?

 

Thanks

C

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Any update


VT against welcome finance costs returned

Refund against jetline travel

Caital one settled 6th November

N1 Filed Yorkshire Bank 26/09/06

£677+£172int.+£80Chgs acknowledgemment of claim recieved 29th/09,Defence recieved 27th October Recieved AO 30t hOctt Settled in Full 8th December

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Returning to this subject once again and the original post :

" If a default notice is invalid due to penalty charges or overstated amount or not allowing 14 days to remedy breach should that be enough to strike out their claim. And if so can the claimant then re-issue a new default notice correcting the wrongly stated items, even if this is two years later!"

I find myself in the same situation, HOWEVER, the o/c has reissued ( reprinted/conjured up/edited ) a default notice with exactly the same dates as the original ( 2009) but this time asking for the arrears and not the whole balance to be repaid. Surely this amounts to fraud and deception, as the original DN was defective they now have tried to correct their mistake. Account terminated and assigned during the default notice period to rectify in any case. Current dca is now asking for proposals to repay on the strength of this altered dn, how should I respond?

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In that case it's still a bad DN, Griffin. As they issued it retrospectively it's obviously impossible to remedy by the given date.

Staple it to the envelope it arrived in, noting date of receipt and sit on it (and the original) in case they take you to court.


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The latest DN was sent by the current chasing DCA who had asked for a copy of the DN from the OC. To all extents and purposes this DN now looks compliant, however it is not the same as the one I originally recieved.

It seems that certain american bank who issued loads of dn's like mine asking for the full balance, are now trying to put right their mistake. Convincing the DCA that they are still in the wrong maybe a different story!

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I'm also struggling to figure out if I have a defence or not. NatWest defaulted a loan in 2012 and we went to court, but the DN was defective (amount wrong, less than 14 days to resolve). The judge struck it out and as if by magic, a new default notice arrived in April 2013. It all seems to be correct but there is the small matter that the agreement was in effect, terminated when court action took place. Also, my access to the linked bank account/loan was unilaterally terminated in 2009 with no notice when arrears first started.

 

 

I have a trial date in 3 weeks time and keep finding conflicting information so I don't know if it can be successfully defended on this basis or not. Please advice, thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336532-RBS-taking-me-to-court-*Struck-Out*-**-New-claim-issued-by-RBS-**/page18

Edited by Andyorch
Posters link added

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I'm also struggling to figure out if I have a defence or not. NatWest defaulted a loan in 2012 and we went to court, but the DN was defective (amount wrong, less than 14 days to resolve). The judge struck it out and as if by magic, a new default notice arrived in April 2013. It all seems to be correct but there is the small matter that the agreement was in effect, terminated when court action took place. Also, my access to the linked bank account/loan was unilaterally terminated in 2009 with no notice when arrears first started.

 

 

I have a trial date in 3 weeks time and keep finding conflicting information so I don't know if it can be successfully defended on this basis or not. Please advice, thanks

 

Please start a new thread for your case.

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