Invalid Default Notices

[foreveraloe]

Put a link in here ASAP - and alert the site team with details of the case. You need specific help on your own case - not just cutting and pasting from others. It's not too late!

 

BD

 

 

Here is the thread its in Legal Issues -

Summons received from Wescot/MBNA

 

I really doubt that anything can be done at this late stage - just in case trolls are watching, I will just say that the hearing is within very very close range.

[Guest HeftyHippo]

that isnt a link

[foreveraloe]

that isnt a link

 

 

Yeah, sorry don't know how to do them!!!1

[Guest HeftyHippo]

Yeah, sorry don't know how to do them!!!1

 

you simply post the URL for the thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236472-Summons-received-from-Wescot-MBNA

 

I personally think yours is an open and shut case in your favour, but it shouldn't be discussed here, keep everything in the same thread so it's together. I suggest you make another post in that thread to update it and it would help if you put in the date of the hearing so people will know the urgency. If theres no date, it doesnt look urgent.

 

Posting here about it wont help you

[foreveraloe]

you simply post the URL for the thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236472-Summons-received-from-Wescot-MBNA

 

I personally think yours is an open and shut case in your favour, but it shouldn't be discussed here, keep everything in the same thread so it's together. I suggest you make another post in that thread to update it and it would help if you put in the date of the hearing so people will know the urgency. If theres no date, it doesnt look urgent.

 

Posting here about it wont help you

 

Thanks for showing me how to do that!!!

 

I wasn't going to post about my case here - I was just responding to a particular post that had been made that seemed very similar to mine and what had happened.

 

Thanks anyway

[frettful38]

On Saturday I received this letter from DG Solicitors threatening court action and placing a charge on my property. HSBC sent me an invalid DN and then terminated my contract and I accepted unlawful recission.

 

Please could someone advise what steps I should take next. I received a lot of help from Diddydicky and hope someone will be able to help further. Thank you

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/HSBCDGSOLICCOURTWARNING.jpg

[Gallahad]

Hi frettful, a fairly standard threatogram I think, but can I ask if your sole owner of your property? as if you are not their threats re charging orders are meaningless anyway.

G

[frettful38]

Hi frettful, a fairly standard threatogram I think, but can I ask if your sole owner of your property? as if you are not their threats re charging orders are meaningless anyway.

G

 

 

Hi Gallahad, my house is in joint names.

Edited October 4, 2010 by frettful38

[Gallahad]

It could complicate things as HSBC are involved in both I am sure someone with more know how than me on charging orders will advise.

Another point has occured to me which i will PM you about.

G

[IdaInFife]

in legal issues:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?238913-Me-v-Tesco-Incasso/page32

 

Judge says 14 days from posting.

[mystery1]

In criminal court service of post is taken in to account.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2009/2924.html&query=peter+and+gidden&method=boolean

 

 

It does make sense that you have to take post in too account. Imagine if it gets delayed during a strike and you have to take action to rectify. The judge, according to Ida's post, doesn't care that you might not have got it or that you may only have 1/2 days to rectify. Looks like an easy win on appeal.

 

M1

[slyspy]

surely this is the relevant section

A small refinement of that principle was established by the Divisional Court in Nicholson v Tapp [1972] 1 WLR 1044. In that case a summons had to be served within 14 days and it was sent by registered post on the fourteenth day, so that in the normal course of post it would not have arrived until after the 14 days had elapsed. The prosecution sought to rely upon the deeming provision in Schedule 4, but that was held only to be applicable in circumstances where, in the ordinary course of post, the letter would have been received in time. That was not the position in that case. In short, the irrebuttable presumption is that there is service and that it is effected on the date the letter would be delivered in the ordinary course of post, not that it is effected when posted.

and from the final summing up

It is not, however, for the courts to overcome the resulting inconvenience by distorting the clear language which Parliament has adopted.

[frettful38]

in legal issues:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?238913-Me-v-Tesco-Incasso/page32

 

 

Judge says 14 days from posting.

 

Thanks IdalnFife and others. There is no doubt that my DN is faulty, a copy of my DN is below:

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/barristers%20advice/downloads/HSBCDN1-1.jpg

 

Apart from not giving me enough time to remedy the breach also between the 19 May 09 and 2 June 09 there was a Bank Holiday between these two dates making the number of days to remedy even shorter.

 

I checked my credit file report and HSBC registered a Default on my file with the three CRA's on the 3 April 2009, so that means that HSBC registered a Default before they issued me with my DN?

Edited October 4, 2010 by frettful38

[cab1ne]

Thanks IdalnFife and others. There is no doubt that my DN is faulty, a copy of my DN is below:

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/barristers%20advice/downloads/HSBCDN1-1.jpg

 

Apart from not giving me enough time to remedy the breach also between the 19 May 09 and 2 June 09 there was a Bank Holiday between these two dates making the number of days to remedy even shorter.

 

I checked my credit file report and HSBC registered a Default on my file with the three CRA's on the 3 April 2009, so that means that HSBC registered a Default before they issued me with my DN?

 

bank holidays only count on "service", once deemed served it is 14 clear days from then.

 

88.(2) A date specified under subsection (1) must not be less than fourteen days after the

date of service of the default notice, and the creditor or owner shall not take action

such as is mentioned in section 87(1) before the date so specified or (if no requirement

is made under subsection ( 1)) before those fourteen days have elapsed.

 

it don't mention bank holidays in s88.(2) nor does it mention weekends.

 

its a tough one.

 

cab

[frettful38]

mmmmmm I see what you mean there cab1ne, just trying to get as much ammo as I can that's all, thanks for the thought......but Bank Holiday falls in between the dates specified to remedy the breach so HSBC have included it within the 14 days they gave me.

 

Hope that makes sense?

[cab1ne]

mmmmmm I see what you mean there cab1ne, just trying to get as much ammo as I can that's all, thanks for the thought......but Bank Holiday falls in between the dates specified to remedy the breach so HSBC have included it within the 14 days they gave me.

 

Hope that makes sense?

 

it doe's make sense frettful, and i fully understand what you are saying. we can only help as best we can,

 

imho, i would slip it from under the cuff, but i would'nt use it as an "ace" card.

 

cab

[frettful38]

Thanks again cab1ne, I believe that pt2537 wrote some very useful stuff relating to this particular subject ingreat detail but I cannot remember what thread or post he put it on.

[mranother]

Morning all - I really haven't got time right now to go through the whole of this thread - so could someone tell me basically what make a Default notice invalid???

 

I am in court today over an HP agreement, and the contract was cancelled on a default notice, however if the default notice was invalid - then that would also give me additional ammo.

 

Thanks,

 

MrA

[middenmess]

Morning all - I really haven't got time right now to go through the whole of this thread - so could someone tell me basically what make a Default notice invalid???

 

I am in court today over an HP agreement, and the contract was cancelled on a default notice, however if the default notice was invalid - then that would also give me additional ammo.

 

Thanks,

 

MrA

 

Why is the D/N invalid IYO?

 

What was the HP for?

[mranother]

Another questio aswell - does anybody know how many months arrears there has to be before a default notice can be sent??

 

Is it 3 or 6 months??

Thanks,

 

MrA

[mranother]

Why is the D/N invalid IYO?

 

What was the HP for?

 

The HP was for a car.

I have no idea why the D/N may or may not be invalid as I really do not know what to look for.

Just lookinf for extra ammo.

 

Thanks,

 

MrA

[middenmess]

in general..

 

A D/N has to allow 14 days from service to rectify the breach.

 

Service is deemed to be 2 days if sent 1st class and 4 days if sent second class.

 

Postage is deemed to be Monday to Friday.

 

If its 'Welcome' or similar have a quick look at this thread...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242261-Car-repossessd-off-private-property-with-no-default-or-termination-served-with-police-consent!-Please-help

[middenmess]

Posting up the D/N here minus personal info will help!

[mranother]

Thank, will do that now.

[frettful38]

I wander where pinky69 has gone. She started this thread and it has helped so many..........hope she is OK.