Invalid Default Notices

[Lord_Alcohol]

I have a CC with Halifax and accepted UR following an invalid DN and termination. I've since had several months of being pestered by Robinson Way so last week wrote to them explaining the UR. Today I received this:

We refer to your recent query & comment. In view of your query, we have today removed your account from our files, and returned your case to our Client who will, if appropriate, deal directly with you in the future.

 

Our client has been made aware of the reason why your account is being closed and returned to them.

My first DN victory, even if only a modest one!

 

I had exactly the same, and 2 weeks later the demands began again - from a new DCA!

 

LA

[nks22]

Well I did say it was a modest victory!

[enslaved]

Did the judge say why s87 was not relevant in your case?

 

And has the contract been terminated? Eg, is the OC claiming arrears or the full balance? The judge's comments about issuing further DNs suggests that he's under the impression that the contract is still live.

 

LA

 

Full Balance.

 

'It does not matter, the claimant never terminated until 3 monthes later, you did not pay anything in that time, where as you had plenty of time to pay you did not. Therefore S87 is not relevant'.

Argued until Judge got angry.

 

Truth is this was always going to be the outcome, Judge kept saying 'this can't be right!'. Nice young man from top firm of barristers was silent.

" I hope you have some point of law that will counter this, Mr ******** so we can put this to bed"

Enter , argued that the Judge was wrong to ignore statute law and Swaine was a higher court.

He was swooning over and taking advice from counsel, I do not know if this was a father 'wish he was my son' thing, or of a sexual nature, but I did incurr in some nasty, nasty visions. aaaaaaarrrggggghhhhhhh

 

oh well, sh*t happens

nobody's dead.

 

good luck

Edited July 2, 2010 by enslaved
removed case

[cupcake68]

Hi Guys

 

Could I please haev your thoughts on this DN?

 

EC Mint dnrec 240610 pictures by cupcake62 - Photobucket

 

It doesn't have a date to pay by just says within 17 days starting the day after the date of this notice and it was sent by some other means then royal mail (not sure what the postmark is) I have scanned the envelope too.

 

Also they are not asking for all the missing payment (I have missed the last 3 months) They are just asking for the amount that is above my credit limit?!

 

Thank you

 

Cupcake

[frettful38]

It does not state what term of the agreement you have breached either cupcake, if that's any more info missing?

[cupcake68]

Thanks Frettful

 

Are these enough to make it defective?

 

Cupcake

[Lord_Alcohol]

Hi Guys

 

Could I please haev your thoughts on this DN?

 

EC Mint dnrec 240610 pictures by cupcake62 - Photobucket

 

It doesn't have a date to pay by just says within 17 days starting the day after the date of this notice and it was sent by some other means then royal mail (not sure what the postmark is) I have scanned the envelope too.

 

Also they are not asking for all the missing payment (I have missed the last 3 months) They are just asking for the amount that is above my credit limit?!

 

Thank you

 

Cupcake

 

Is the overlimit amount caused by the arrears? If it isn't and the arrears are a separate amount, you may receive a second DN (for the arrears).

 

The current DN is just for the overlimit.

 

Does your contract state that being overlimit is a breach? Frettful38 is right in that the provision breached should be identified, but if there isn't one then how are you supposed to comply?

 

But you also need to be a bit careful, because a judge may say that you could have remedied the breach by paying an amount less than the arrears. Given the way that the courts seem to be working at the moment it might be sensible to give this some serious thought.

 

LA

[cupcake68]

Thanks LA

 

I was not overlimit until I missed payments

 

I can't see anything in my CCA about overlimit being a breach.

 

This is the link to my thread....

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195385-cupcake68-mint-ec.html

 

Cupcake

[colin21958]

...I can't see anything in my CCA about overlimit being a breach.

 

Cupcake

 

It's almost certain there will be...I've seen such a term in every one of mine!

[alangee]

Cupcake

 

17th June was a Thursday, so it is deemed received by you on Monday 21st June. Your 14 days count from Tuesday 22nd, making July 6th the date for breach to be remedied. They are one day short 18th plus 17 days equals July 5th.

 

Alan

[cupcake68]

Thanks Alan

 

But is this enough to make it defective?

 

Cupcake

[colin21958]

Cupcake

 

17th June was a Thursday, so it is deemed received by you on Monday 21st June. Your 14 days count from Tuesday 22nd, making July 6th the date for breach to be remedied. They are one day short 18th plus 17 days equals July 5th.

 

Alan

 

No, I think you have made a mistake... You are correct that it would be deemed served on 21st, so 22nd is the first day of the 14 making the date to remedy 5th July. 18th plus 17 is also 5th July.

 

It says "within 17 days" rather than specifying a date as it should, it has been argued that this makes it invalid, however, this sort of defect has been ignored by some judges I understand from others on here...

[colin21958]

I only just noticed the point about it not being sent by royal mail. If they can't prove first class mail (and you have the envelope that certainly suggests some other method) then the time for delivery is deemed to be 4 days, (Saturdays and Sundays aren't counted in this) so, that will make it invalid by two days...

Edited July 20, 2010 by colin21958

[cupcake68]

Thanks Colin

 

So we are sure it is short but not sure that is enough to make it invalid?

 

Cupcake

[alangee]

Colin

 

There are only 30 days in June.

 

Alan

[middenmess]

IMO

 

Posted second class,deemed served on 23rd June.

 

14 days to rectify would be 7th July.

 

Their '17 days' --4th July--if accepted by a misinformed Judge would still be 3 days short.

 

Arrears would probably be incorrect as they would include the 'late fees' for the missed payments.

[colin21958]

Colin

 

There are only 30 days in June.

 

Alan

 

Yes Alan, I only counted 30...

[colin21958]

IMO

 

Posted second class,deemed served on 23rd June.

 

14 days to rectify would be 7th July.

 

Their '17 days' --4th July--if accepted by a misinformed Judge would still be 3 days short.

 

Arrears would probably be incorrect as they would include the 'late fees' for the missed payments.

 

Agreed, except 18th plus 17 makes it 5th July, so 2 days short, as I have already said... (its 17 days FROM 18th), so 19th is the first day, etc.

[colin21958]

Thanks Colin

 

So we are sure it is short but not sure that is enough to make it invalid?

 

Cupcake

 

Yes, it is 2 days short and therefore invalid, as long as the method of postage is not regarded as Royal Mail 1st Class, otherwise it's valid...

[middenmess]

Ooops!--missed the ''within 17 days starting the day after the date of this notice''

 

The big 'S' on the envelope would never be accepted as RM 1st Class Mail

[cupcake68]

Great news!

 

Thanks guys

 

Cupcake

[colin21958]

Ooops!--missed the ''within 17 days starting the day after the date of this notice''

 

The big 'S' on the envelope would never be accepted as RM 1st Class Mail

 

Agreed..

[Lord_Alcohol]

I think it should be 14 days from the 4th working day after issue.

 

So service on 23rd June. Then 14 clear days gives us 7th July. Which is 20 days after the issue date (as middenmess has said!).

 

I would write to them and ask what provision has been breached. If you do nothing then an awkward judge may say that the error in time made no difference! That seems to be what's happening in county courts at the moment.

 

If you send your letter recorded, then at least you have something to wave at the judge if you get nowhere with the OC.

 

LA

[alangee]

Hi Colin

 

I must have two short fingers.

 

Alan

[cupcake68]

Thanks LA

 

I will write and ask what provision has been breached but what will that tell me?

 

Does it make a difference to the time scale on the DN?

 

Thanks

 

Cupcake