Invalid Default Notices

[cupcake68]

No they have added £800 of interest and charges since the first!!

 

Cupcake

[Bigdebtor]

Cupcake

 

I think you need to jog your memory and dig out the letter you sent last year accepting their unlawful rescission and the lawful arrears were less than your potential compensation claim - hence the reason for no further payments from youl?

 

There are various examples of these letters earlier in this thread. I had completely forgotten I had sent quite a few of them - but that is understandable in times of stress and I'm sure you too will now remember having sent it and will be able to run off a further copy if this was needed?

 

BD

Edited May 7, 2010 by Bigdebtor

[cupcake68]

Hi BD

 

You're right!

 

I have forgotten about so many letters I wrote last year;)

 

Cupcake

[Bigdebtor]

Easily done Cupcake!

 

Even the Banks sometimes make such mistakes - or even worse!

 

BD

[cupcake68]

Can I just check did I send this letter on receipt of the defective DN or did I wait until termination?

 

Also on another account they sent a DN while the account was in dispute because they had not complied with my CCA request and the account was in dispute. Was I right in sending unlawful rescission letter to them too?

 

Cupcake

Edited May 7, 2010 by cupcake68

[cosalt]

Can I just check did I send this letter on receipt of the defective DN or did I wait until termination?

 

Also on another account they sent a DN while the account was in dispute because they had not complied with my CCA request and the account was in dispute. Was I right in sending unlawful rescission letter to them too?

 

Cupcake

 

 

Definately wait until you are sure they have terminated, either by letter or asking for the full balance.

 

Cosalt

[cupcake68]

Thank you!

 

Cupcake

[means2anend]

s'pose you could always take the initiative as STATEMENTS ARE BINDING

 

Section 103 Consumer Credit Act 1974

 

— (1) If an individual (the “customer ”) serves on any person (the “trader ”) a notice—

(a)

stating that—

(i) the customer was the debtor or hirer under a regulated agreement described in the notice, and the trader was the creditor or owner under the agreement, and

(ii) the customer has discharged his indebtedness to the trader under the agreement, and

(iii) the agreement has ceased to have any operation; and

(b)

requiring the trader to give the customer a notice, signed by or on behalf of the trader, confirming that those statements are correct,

the trader shall, within the prescribed period after receiving the notice, either comply with it or serve on the customer a counter-notice stating that, as the case may be, he disputes the correctness of the notice or asserts that the customer is not indebted to him under the agreement.

(2) Where the trader disputes the correctness of the notice he shall give particulars of the way in which he alleges it to be wrong.

(3) Subsection (1) does not apply in relation to any agreement if the trader has previously complied with that subsection on the service of a notice under it with respect to that agreement.

(4) Subsection (1) does not apply to a non-commercial agreement.

F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(6) A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.

[Bigdebtor]

Can I just check did I send this letter on receipt of the defective DN or did I wait until termination?

 

Also on another account they sent a DN while the account was in dispute because they had not complied with my CCA request and the account was in dispute. Was I right in sending unlawful rescission letter to them too?

 

Cupcake

 

Cupcake

 

I'm pretty sure the DN would need to be defective to let you do the unlawful rescission letter without them following up with the TN too soon. See earlier posts in this thread to revise exactly what you needed to do - and when (which of course you have already done exactly as you should have ).

 

Good luck!

 

BD

[pumpytums]

Hi everyone,

comments on the following please our friends Santanduuhh have now sent 3 DN's for the same account one last year one a month ago and one recently. I have received the following letter between the 2nd and 3rd DN's have they now Unlawfully Rescinded the agreement your comments are always appreciated.

 

 

 

 

 

 

 

Another interesting fact is that fom posting to delivery the DN took nearly 10 working days to arrive.

 

The inhouse DCA letter is not dated so I want to act fast. It does not mention the full amount but it does say. "Immediate settlement of the above debt" but this could just be the arrears very confusing.

 

As DD has said we should take them at their word the word may means that they have permission not that they might.

 

Thanks

 

Pumpytums

[pumpytums]

Sorry to try and answer my own questions but it is clear that they have taken further enforcement action by issuing the DCA letter so they have not given be the required 14days.

 

3 DN's for one account is that a record?

 

Pumpytums

[SteveH2508]

Fails dismally on the prominence requirements and the date (or lack of).

[mot22]

...

Edited May 8, 2010 by mot22
deleted ..already covered in other posts..

[vint1954]

Hi Pumpytums,

 

It obviously does not meet the strict requirements. How do you know when the deadline is, but it is a greyish area as to stating 14 days against a date.

 

If the DCA has claimed the ballance in full, then that is taking one of the steps open to them under s87.

 

Unable to see the dates, but I would send the UR letter now, if they have asked for the ballance in full.

 

I would just refer to the most recent DN in your letter, stating the date that the notice was served, DN date + 10 days, then full ballance demanded before expirey of the DN.

[parkerboy]

quick question and apologies if this has been asked before (it is a long thread )

should a DN state the account balance as well as the arrears?

[pumpytums]

Hi Parkerboy,

yes a default notice should state both.

 

Vint,

thanks again mate, it cannot hurt to send the UR letter. At the end of the day immediate payment is immediate payment.

 

Cheers

 

Pumpytums

[vint1954]

quick question and apologies if this has been asked before (it is a long thread )

should a DN state the account balance as well as the arrears?

Most do state the ballance, but there is no requirement to do so.

[means2anend]

Hi Pinky

 

I am currently on 35th Page post 701...I am not going to 'see how the ending goes' with your Odyssey as I want to work through all the posts one by one...hopefully I shall be up to date by end of next week.I am aiming for 10 pages per day day's reading...I do hope that there is a 'happy ending' and that every one lives happily ever after!!!!

 

rgds

 

m2ae...back to post 701

[Craigbadger]

Right I need some pointers on whether the following would deem a default defective as ive had several different views but received a letter today which has confused me even more.

 

Default recieved dated 9/4/10 - 28 days to pay arrears no date specified(I gather this is a grey area as 28 days should be enough) so 28 days in my calculations from that date is 7/5/10

 

Letter recieved today as a response to my account in dispute letter saying and I quote "We issued a default notice on your account on the 9/4/10, You needed to make a payment of £**** by the 5th of May to avoid a statement of default being issued against you".

 

This by my counting is 26 days.

 

Surely they state 28 days so the 28th day should in theory be the equivalent to the date of the 14th day had they specified a date.

 

Does anyone care to chuck in an opinion on this.

 

Imo you cant be so imprecise and vague with such a matter and by putting this is writing have they admitted the default is incorrect?

Edited May 9, 2010 by Craigbadger

[vint1954]

It probably says 28 days from the date of the notice notservice of notice.

[Craigbadger]

Says within 28 days of the date of this notice.

 

So its effectively 26 whole days + the day sent and the day it must be received counting as 27 and 28.

 

How confusing. Guess this would of been an issue had I arranged for payment to be received on the 28th day.

 

Ah well not to worry and thanks for that.

 

edit. The latest letter says "You needed to make a payment of £**** by the 5th of May" emphasis being on the by. Does by not mean before?, if that was the case then it would certainly only be 27 days.

 

Why do they not just use a date, save all the confusion?

[nks22]

It doesn't matter when you received it. Service is on the second working day (First Class) or fourth working day (Second Class) after despatch. You then have 28 days to remedy the alleged breach. Therefore if the date of the notice is 9/4/10 (a Friday) and was sent Second Class (most likely) then the date of service is the following Thursday (15/4/10). 28 days for remedy takes you to 13/5/10 so to be correct remedy has to be by 13/5/10 or before 14/5/10 (11/5 and 12/5 if First Class). On the dates given the DN is therefore invalid. (However you should do nothing unless and until the account is terminated.)

[pumpytums]

As I mentioned before mines rather unique, The OC has now sent 3 dn's 2 1 month apart. An in house DCA has now sent a letter stating that they have been instructed by the OC to obtain immediate settlement of the above debt, the account number is listed along with the arrears. If they had simply stated that they required immediate payment of the arrears that would have been OK but their wording in my mind means the whole amount. By another bizarre twist there is no date on the DCA letter, additionally the OC phoned me at the weekend and actually confirmed it had been passed to a DCA. The DCA letter was actually received between the 2 and 3rd DN's.

 

So my UR letter will be winging its way to them today.

 

Pumpytums

[mot22]

Greetings.

Firstly I'd like to thank everyone for the immense contribution on this site.

I really don't know where I stand and hope for some help.

As simply as I can put it, I have a number of DN's from about a year ago that are invalid.

Having started on a DMP just prior to the DN's and then continued, post DN's to pay DCA's

via a DMP up to about November 2009 and nothing since, I would like to know if and how

I should proceed with unlawful rescission ?

I have, and continue to read as much as I can but I don't know where I stand as it appears that UR is only an appropriate response if done fairly immediately or if the nature of ones action is materially different post DN as per pre DN?

Many thx.

[vint1954]

Greetings.

Firstly I'd like to thank everyone for the immense contribution on this site.

I really don't know where I stand and hope for some help.

As simply as I can put it, I have a number of DN's from about a year ago that are invalid.

Having started on a DMP just prior to the DN's and then continued, post DN's to pay DCA's

via a DMP up to about November 2009 and nothing since, I would like to know if and how

I should proceed with unlawful rescission ?

I have, and continue to read as much as I can but I don't know where I stand as it appears that UR is only an appropriate response if done fairly immediately or if the nature of ones action is materially different post DN as per pre DN?

Many thx.

 

A letter accepting unlawful rescission is realy a belt and braces job, and you would need to send that at the point of termination.

 

The problem is that if you have made payments since the DN date, then you have acted as though the agreement endured.