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Default notice advice opinions please


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Hi all

 

I have a default notice where i have several reasons for it being invalid, some of which are:

 

There are NO dates, details or ANYTHING ELSE which relate to my loan. It has no details about me whatsoever.

 

It was attached to a letter from the lender with some details, but only the outstanding loan amount not the arrears amount.

 

It has 14 days from the default notice, not date of service.

 

The date on the letter was 21/03/07.

 

Received a letter from them dated 04/04/07 part of which says 'We have been approached by the debt management company (which was the CAB) you have enlisted to help with your financial affairs with an offer of repayment. This offer has been accepted subject to regular reviews, however the payments are insufficient for us to keep the account open.'

 

This, together with the fact that they give the full remaining balance, not the amount of the arrears, makes me believe that I had been given a letter of termination. Am I right? I believe I only owe the arrears not the full amount due to unlawful cessation of contract.

 

I am not taking this to court but it is being looked at by the Ombudsman service. Would I get the same result as with court?

 

Also, does the fact that the default notice has no details about me or my loan at all mean that the bank could deny that it is their default notice at all? I have CCA'd and Subject Access Request'd the bank but only in the last few days, obviously no replies yet.

 

Would appreciate some opinions. Don't have a scanner to post up and tried to upload via photobucket but unreadable .

Edited by stereophonicsfan
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Does is state that it is a Default Notice as a heading? It may be a Statement of Default which they are obliged to give you before they actually send you a Defaulot Notice. If it has none of your details on it then it is not a lawful DN.

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It does actually say that under the heading but nothing about me or the debt at all.

 

DN002.jpg

 

Trying to upload it again but always comes out to small to see. Any ideas?

 

Also could you confirm that the wording on the letter sent on 04/04/07 'however the payments are insufficient to keep the account open' means it has been terminated?

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