goldfish flawed default notice help please

[e28bigalbexley]

Hi all

I have been served a SD from connaught re a goldfish card i know there are penalty charges on the card and i have sent off a SAR to barclays.

While raking through some old goldfish statements i found this

 

sc00029f01.jpg picture by bernardlivesley - Photobucket

 

sc00026cbb.jpg picture by bernardlivesley - Photobucket

 

 

Am i right in thinking that they have to give you 14 clear days (plus 2 days delivery)to pay the arrears and not as they have done only giving me 14 days from the date of the letter.

And can i put this in my set aside that the default notice is fatally flawed.

Also in their intended action paragraph to reclaim the total balance are they not supposed to include the total amount in pounds shillings and pence .

If someone could point me in the direction of CCA relating to the form and content of default notices i would be very grateful.

 

Thanks

AL

Edited March 25, 2009 by e28bigalbexley
typo

[GamekeeperToPoacher]

Hi,

 

Just a quick query. Is that your real name on the photobucket file?

 

If so I would change it sharpish

 

GKTP

[e28bigalbexley]

Hi,

 

Just a quick query. Is that your real name on the photobucket file?

 

If so I would change it sharpish

 

GKTP

 

NO, im in disguise8-)

but thanks anyway :grin:

[GamekeeperToPoacher]

Hi e28,

 

Thank heavens (this is by way of a bump too)

 

GKTP

[42man]

Default is useless Bernard (lol)....for exactly the reasons you said....however it is how a judge would see it too don't forget....so know your stuff....proof of service of the default would stuff them too....

[e28bigalbexley]

Hi all

right have composed my set aside could you have a look over it and comment please.

the basis is

1. no agreement/account number

2 i dispute the debt

3 the account has penalty charges therefore the default notice is incorrect

4 the default notice is fatally flawed in not giving 14 days to remedy

5 no statements supplied showing how the debt is made up

6 no deed or notice of assignment

 

Ta

[e28bigalbexley]

silly me forgot to add this

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cb7a9.jpg?t=1238417318

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cdac9.jpg?t=1238417355

[nicklea]

Also have a read of this if you haven't seen it already:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1843811

[e28bigalbexley]

Thanks Nick i have already had a few reads of it sometimes i end up smiling other times my head hurts :confused:but i get the gist of it.

[e28bigalbexley]

Also if the DN is defective can i ask that any defaults registered to CRAs be deleted

[42man]

I would also add in about requesting the judge remove all adverse default information off your credit files.....and also quote this when asking for costs/indemnity award...

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

And as far as an abuse of the process goes quote this too...

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

[e28bigalbexley]

Ok thanks for that 42man have added it to my set aside and will post it up later to check its ok:grin:

[e28bigalbexley]

Ok have amended set aside i think the numbering is ok just not sure if last few paras are right. elbow me if they need changing please

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc00004691.jpg?t=1238498385

 

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc0000680a.jpg?t=1238498438

 

 

Thanks AL

[42man]

Looks ok to me...

[nicklea]

Hi e28,

 

Point 9 of your set aside is actually wrong, it doesn't ahve to be under the hand of the assignor.

 

I believe that it was myself that originally wrote that and I've had the error of my ways pointed out to me.

 

The rest is absolutely spot on with regard to the NOA though and, from hearing some other people's experiences you may have to really argue your case quite strongly with a judge over this.

[e28bigalbexley]

Hi Nick

Thanks for that i will delete para 9.

Yes i did pilfer the original from yourself i believe i hope you dont mind.

As you say i have probably got a fight on my hands but with help from people like yourself and 42man to name but a few, on this forum and some swatting up i going to try my best to achieve a positive outcome.

 

Once again thanks

 

AL

 

I have deleted para 8 as that is the para about the hand of the assignor.

Edited March 31, 2009 by e28bigalbexley

[TheScaryOne]

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