Invalid Default Notices

[brooooooooooce]

Will scan it up tomoz. Thanks again.

[brooooooooooce]

No postmark or other date indicator.

[diddydicky]

The postman's just called with a DN from Mercers obo Barclaycard. Dated the 3rd March 2010 gives me until 20 March 2010 to rectify. Any comments greatly appreciated.

 

can u post it up so we can see if there are any other faults with it

[diddydicky]

is it a uk mail 1st or a royal mail 1st?

[brooooooooooce]

Royal mail 1st.

[InformedSearcher]

I don't think there's anything stopping data being given to a DCA before a DN is issued. Even more so if an in house DCA. Their concept is if they can get their funds back then the DN would not be issued, however it's only data entry to show a DN on a CRA. In the same way often you might see a default of zero on a CRA after a DN is issued however that does not mean the debt is clear and you are doomed for 6 years unless you contest it.

 

Michael

[diddydicky]

Royal mail 1st.

 

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

[cosalt]

I have a repossession hearing coming up, in their POC the freely admit they are relying on a DN that gives '12 days from date of service' Here is the thread

 

http://www.consumeractiongroup.co.uk/forum/repossessions/177130-repo-order-help-defence.html

 

Would appreciate any guidance as how to go about a defence based on this.

 

Thanks

 

Cosalt

[Worsteve]

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

A long story short. I have a DN that is out by 1 day, and is missing prescribed text. An SAR was requested on 25/09/09. It did not show. It was requested on 14/01/10. Thats a total of 23 weeks. That has not materialised either. I go to court on 17th of this month to defend a charging order. What should I do?

[brooooooooooce]

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

 

Hi DD. I have scanned and hopefully posted copies of the agreements supplied and DN's issued by both Barclaycard and HSBC. Really grateful for any advice.

Barclaycard - Agreement.pdf

Barclaycard - DN pg 1.pdf

Barclaycard - DN pg 2.pdf

[brooooooooooce]

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

And the others.

HSBC - Agreement.pdf

HSBC - DN pg 1.pdf

HSBC - DN pg 2.pdf

[MAGDA]

A long story short. I have a DN that is out by 1 day, and is missing prescribed text. An SAR was requested on 25/09/09. It did not show. It was requested on 14/01/10. Thats a total of 23 weeks. That has not materialised either. I go to court on 17th of this month to defend a charging order. What should I do?

 

Might be a good idea to chase it up again, did they cash the £10 cheque?

 

I'm not sure how successful you will currently be with the DN issue as looking at other cases on the forum, judge's seem to side more and more with the claimant on this issue - especially if it is only one day out and despite the fact that is has missing prescribed text.

 

That shouldn't be the case of course, but unfortunately, you have to be aware of how biased these judges can be.

 

Magda

[tedney]

Royal mail 1st.

have a look on this thread:http://www.consumeractiongroup.co.uk/forum/legal-issues/191784-shakespeare62-nastybank.html

Post 749 onwards for dates/timing info

T

[brooooooooooce]

Cheers for that

[diddydicky]

I have a repossession hearing coming up, in their POC the freely admit they are relying on a DN that gives '12 days from date of service' Here is the thread

 

http://www.consumeractiongroup.co.uk/forum/repossessions/177130-repo-order-help-defence.html

 

Would appreciate any guidance as how to go about a defence based on this.

 

Thanks

 

Cosalt

 

i think there may be a conflict here with the regs and DN if this is a secured loan- hopefully one of the legal bods will confirm- i dont think they need the DN if the loan is secured

[diddydicky]

And the others.

 

the DN is WELL short on time , evenb if posted first class and missing important prescribed text so it matters not whether they prove method of posting in this case

[cosalt]

i think there may be a conflict here with the regs and DN if this is a secured loan- hopefully one of the legal bods will confirm- i dont think they need the DN if the loan is secured

 

 

Hi dd, its a HP agreement covered by the CCA, I am 99% sure a DN still applies ?

[diddydicky]

i admit to my knowledge being a bit sparse here as i have not had the need to check it out- but i was under the impression that cca regulated unsecured lending not secured lending

[brooooooooooce]

Hi DD. Would you mind looking at my post 1667 - this a DN and agreement for Barclaycard. Thanks.

[brooooooooooce]

the DN is WELL short on time , evenb if posted first class and missing important prescribed text so it matters not whether they prove method of posting in this case

 

RE: HSBC - DN - what prescribed text is missing? Should I now write accepting their termination (p 2 of DN says they will terminate without further notice)?

[cosalt]

i admit to my knowledge being a bit sparse here as i have not had the need to check it out- but i was under the impression that cca regulated unsecured lending not secured lending

 

I and hundreds of others on cag hope you are wrong on this point !!

[diddydicky]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

 

google it- save it read it

 

the bit you want is

 

 

10(a)

 

you can accept now but i would wait for a demand of some kind (and certainly in any event until AFTER the time is up

 

make sure that you do NOT pay them anything

[vint1954]

Hi DD. Would you mind looking at my post 1667 - this a DN and agreement for Barclaycard. Thanks.

DD has repplied Br.....ce.

 

The Dn could never be complient, only allowing 14 days from the date of the letter. Surpriced that they have not altered this by now.

 

Agreement does not contain the prescribed terms, unless these were reconstructed and sent separately, in which case they have probably complied with s78

[diddydicky]

I and hundreds of others on cag hope you are wrong on this point !!

 

then i hope so too:D

 

there is unusually a bright star in the east when i am wrong (or so the wife says:D)

[brooooooooooce]

DD has repplied Br.....ce.

 

The Dn could never be complient, only allowing 14 days from the date of the letter. Surpriced that they have not altered this by now.

 

Agreement does not contain the prescribed terms, unless these were reconstructed and sent separately, in which case they have probably complied with s78

 

Hi Vint. When you replied were you talking about Barclaycard or HSBC?

 

I posted up 2 DN's and 2 agreements (1 Barclaycard & 1 HSBC). I thought the BCard DN gave sufficient time (17 days I think and was sent 1st Class). The HSBC DN gave no allowance for service so I thought that one was defective. Today is the last day for remedy and they say they will terminate without further notice. Can I take them at their word and accept termination?

 

Neither HSBC or BCard attempted to reconstruct the agreement. Do you think they are enforceable?