Jump to content


  • Tweets

  • Posts

    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
  • Our picks

Harry May

Default Notice Re-Issue

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1803 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Ignore post

Edited by chez262

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...