How important is a default notice

[laccal]

How important and/or significant is a default notice.

I am currently being taken to court by Marlin. So far they do not have a correct CCA (But that’s another story) and on their letter they are still waiting to receive the default from Sainsbury (this has been going on for about 3 months). The court has now given them until the end of this month or the case is thrown out but my questions are;

If one is produced how can I tell it was served and/or issued correctly and not just made up to fit what they need.

Can a default notice be backdated and re served if they cannot find their original documentation.

Where do I stand if they cannot produce the said default or it was incorrectly served? Does the account have to go back to Sainsbury or what!!

[Pinky69]

They would be on a sticky wicket making up a Default Notice to produce in Court and as this is now the 29 March they have 2 days to find it. As they have no original credit agreement either it looks as if the whole case will be thrown out - they pushed you to the brink and ended up with nothing to produce in court - plonkers. It may go back to the orginal creditor who may even try to pass it to another DCA. As the debt is unenforceable, whatever they do you can tell them to go away, or words to that effect. Well done you for sticking to your guns and calling their bluff!

[fuzzybobble]

They cannot reissue a DN if the account has been terminated.

 

If the DN hasn't been sent, which you would have to put them to strict proof that they sent one. (hard for them to do.) Or if they do produce one, then it would have to be correctly served.

 

In both cases No DN or an improperly served one means they terminated the agreement, and you owe nothing. (apart from any arrears listed on the improperly served DN.)

 

Looks like their stuffed with no Agreement and no DN though.

 

If they existed, they would have produced them by now.

If they send you something that resembles an Agreement or DN, then scan them and put them on here. As it's likely we can find a thing or 3 wrong with them that will also scupper them in court.

[laccal]

They cannot reissue a DN if the account has been terminated.

 

 

In both cases No DN or an improperly served one means they terminated the agreement, and you owe nothing. (apart from any arrears listed on the improperly served DN.)

 

 

So are you saying if they terminated the account and sent it to Marlin without correct or actual default then they can not try and reclaim the balance. I ask as i am currently paying these people via payplan. If i win the case or if it is struck off how or more importantly are they entitled to anything.

 

I am trying to pay all my debts (hence payplan) but this company have been awkward (thats the polite word;)) since they bought the account over a year ago. So if their payment can go to others who have treated me fairly then i will remove them from my plan!!

[fuzzybobble]

It's very likely they terminated the agreement before it was sent to Marlin. Without a DN they'd be stuffed. Without proof they sent one, they'd be stuffed too. Some of them try and send a letter template saying, "this is what it would have looked like." But they have to prove they actually sent one. (ie a copy of the actual letter and proof it was posted.)

 

Well you've not got too long to go before the end of the month, so it's likely their claim will get struck out. Once it's struck out, go for a wasted costs order against them.

 

The more who do this the better, as then DCA's will think twice before taking court action without ensuring they have the correct paperwork first. Plus it will give you a few quid to help pay off a few other things, or offer a full and final settlement of another debt.

[Craftygirl42]

Hi Laccal

 

I was wondering how your case was going and got my answer here. We are waiting for Marlin to provide documents, which so far havent materialised, as usual

[laccal]

Hi Laccal

 

I was wondering how your case was going and got my answer here. We are waiting for Marlin to provide documents, which so far havent materialised, as usual

 

Hi Craftygirl - See my other thread rec. court paper from Marlin (I think you are already linked into that one)