Invalid Default Notices

[Desperate Daniella]

Hi BRW,

 

I tend to agree with you. I think you are on Shakespeare's thread and I'd had several thoughts about authenticity which I had kept to pms for exactly this reason.

 

It can be difficult to know what to share and what might tip the watchers off.

 

DD

[diddydicky]

spot on

[pedross]

There you go BRW - support - the three wise monkeys

 

See no evil

Hear no evil

Speak no evil

 

oops - I think we posted in the wrong order:D

[welshperson3]

hi BRW

 

Plenty of valid points raised there and i understand were you are coming from with the idiot guide about people following it blindly and not understanding what they are doing.

 

The same can be said about much of the litigation that goes on around this site there are people who start litigation and don't know what cpr is, but they get help and they get stage by stage help and more often than not get the result they want.

 

My point about the acceptance letter is that this is pre litigation and if you get it right at this stage then it has the possibility of stoping it going to litigation.

If it goes to court then at least the paperwork is right for this part.

 

The basic form of this is two parts

1 accept the rescission

2 tell then that as the contract is over then so are they're rights to process your data

 

The point you make about not telling them how to put the DN right

most of the company's that we see on here that are issuing the faulty DN are banks building society and credit cards.

 

these are multi billion pound company's that at the time of writing up the DN didn't pay enough attention to detail when they start to reallies that a faulty DN can be terminal then they are going to pay it a lot more attention

 

at this point i find it hard to believe that such big company's are going to have some guy surfing the net trying to find out to fix the problem of a faulty DN.

Eureka he finds cag and saves the company.

 

This is how i think it will go

Bank gets more and more cases going to court on the DN issue,

Bank gets p****d **f calls in the barristers

They research CCA and case law and then come out with a all new DN

 

WP3

[welshperson3]

The barristers will get all the info of what is wrong by looking at what has gone thro court .

 

if you really think that they are going to be looking on cag for the answer to a multi million pound problem and take what you me and every other Jo blogs think then you really are thinking to hard

[welshperson3]

I agree with keeping things like individual litigation quiet were dca and the likes look on here.

 

But for a problem that is this big makes no difference

 

WP3

[welshperson3]

anybody think what was said on here helped the banks win in the

OFT-v-BANKS in the supreme court ?

 

i think we should have kept quiet on here and we might have won

 

take things in to contexts

[welshperson3]

spot on

 

 

I like a good debate and when i am shown to be wrong,it is then i have learned something

 

But DD the above quote shocked me

[diddydicky]

I like a good debate and when i am shown to be wrong,it is then i have learned something

 

But DD the above quote shocked me

 

spot on was in reference to BRW' post about not framing a catch all defence!!

[diddydicky]

The reason that the creditors don't particularly care for the accuracy of their DN's is because to them it is all a "numbers game"

 

the amount of caggers and other sites breeding LIP's to fight them is but a pimple on a dimple on a fleas left ball!!

 

they send out 10,000 DN's 5,000 people pay up or come to an arrangement out of fear (and because they dont know about sites like this)

 

4750 dont respond because they are skint and the creditor goes on to get a CCJ by default

 

250 are caggers and the like

 

until the odds shift considerably against them, i venture to suggest they are quite happy with these odds!!

[welshperson3]

The reason that the creditors don't particularly care for the accuracy of their DN's is because to them it is all a "numbers game"

 

the amount of caggers and other sites breeding LIP's to fight them is but a pimple on a dimple on a fleas left ball!!

 

they send out 10,000 DN's 5,000 people pay up or come to an arrangement out of fear (and because they dont know about sites like this)

 

4750 dont respond because they are skint and the creditor goes on to get a CCJ by default

 

250 are caggers and the like

 

until the odds shift considerably against them, i venture to suggest they are quite happy with these odds!!

 

I agree with that Dicky

It is only when the snowball grows that they will do something about it exactly what happened with bank charges

 

If the CMC start pushing faulty DN then it wont be long before a faulty DN becomes an endangered species

[humbleman]

 

at this point i find it hard to believe that such big company's are going to have some guy surfing the net trying to find out to fix the problem of a faulty DN.

Eureka he finds cag and saves the company.

WP3

 

You will be surprised.

 

CAG has done more to educate some of these companies than their in house training programme in respect of the CCA.

[Basil Fawlty]

Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

[Dotty50]

Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

 

Hi Basil,

 

I don't believe they keep copies of them from what I have read on others threads.

[welshperson3]

they should be in a reply to a SAR if you have asked for all information held on you, but company's are very selective on what they think they can get away with sending, different company's send out different info in they're reply but i don't think any company sends it all.

[Basil Fawlty]

ok thanks..... but if it went to court, I could demand to see copies of the DN, otherwise it would be their word against mine that they even existed?

 

BF

[MandM]

Couldn't agree more BRW.

 

There is already an 'idiots guide' if the donut banks/DCAs could be bothered to read it (Enforcement, Default and Termination Notices Regs 1983) but apparently some of the words are quite long so they don't bother

 

M

[welshperson3]

If they are tacking you to court then you can request it under CPR rules,

If they don't supply one then go for a strike out or summery judgment.

but if you are thinking of taking them to court for no DN then don't bother

[MandM]

Will copies of DN's be shown in a Subject Access Request?

 

I have had Formal Demands for the full amounts for two BC accounts but have not been sent any DN's (or if I have, they've been lost in the post....they would have been sent around the time of the postal strike late last year).

 

BF

 

It's more likely that you will get a copy of a template of a DN which was supposedly sent out, and a copy of a screenshot on a PC confirming when it was issued and by whom. Actual copies of DNs sent out are rarely kept.

 

M

[Basil Fawlty]

Okay, thanks very much. I've no intention of taking them to court over a DN, but will wait and see if they take me, then apply under CPR rules.

 

Cheers

 

BF

[lookinforinfo]

they should be in a reply to a SAR if you have asked for all information held on you, but company's are very selective on what they think they can get away with sending, different company's send out different info in they're reply but i don't think any company sends it all.

 

DNs should also be in CCA requests where they are mentioned in T&Cs when borrower is in default.

[redsue]

Would you mind popping over to my thread for advice on a DN that's not a DN

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-10.html#post2743043

 

I would like opinions on a 'Defaulted Acc' (no prescribed terms on CCA) but no DN actually sent or received.

 

Thanks so much

 

Can anyone help please?

[shinobi101]

they should be in a reply to a SAR if you have asked for all information held on you, but company's are very selective on what they think they can get away with sending, different company's send out different info in they're reply but i don't think any company sends it all.

 

That's why when you send the SAR, you specify that you want everything, including DN, CCA etc.

 

Anything they don't send, you ask once more then complain to the information commissioner.

[Saint2K]

Hi Folks,

 

Would someone mind taking a look at my Saint2K vs HFC thread, located here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/211380-saint2k-hfc.html

 

I've just received a default notice today, and I just want to confirm whether it is valid.

 

Thank you!

[cashins]

Would someone mind taking a look at my Saint2K vs HFC thread, located here:

 

 

Just had a look.

 

Yes I would say it is valid.

 

David