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Guys I have received a template default notice as they dont have the original (so no dates sums etc etc)

 

However the wording in one section deviates.

 

It should say this under the regulations

 

"IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT, YOU CAN APPLY

TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME".

 

and it says this (alterations from above in italic)

 

"IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANYOTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY

TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME".

 

does this make the notice invalid ?

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Without any dates on it then it will be invalid....

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Without any dates on it then it will be invalid....

 

I see what your saying but they cant produce the original so they just sent a template.

 

Are you saying that if they cant produce a copy of the original then they have a problem. I already have it in writting that they cant produce the original. You see this is already at the allocation stage.

 

What are your thoughts including the deviation of the wording I mentioned above.

 

Thanks for your help.

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Then in the draft orders you ask them to provide a true copy and proof of service also !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Then in the draft orders you ask them to provide a true copy and proof of service also !!

 

I sort of did, I said this

 

Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

 

Is this good enough? or do I need to change it. The other side have threatened going for summary judgement. The judge as ordered this by 11/09/09 or he will proceed to allocation.

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Your request looks fine to me.

 

If they send another re-created DN then they will be stuffed. I'm sure you've done your research on CAG to know what is required for a compliant DN.

 

If they do pursue their threat of going for Summary Judgment, they will come unstuck.........as 42man has pointed out in post #2 ;)

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  • 1 year later...

Guys

 

Sorry to bring this up but I have not heard from the court for over a year on this one and am reluctant to contact them in case I stir something up. This debt is would be statued barred in a few months time if they had not bought the action when they did. Any advice please.

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Thanks I thought that this might be the case and I have checked there is no CCJ. I'm a bit in limbo though because this would be heading for statued barred time if they hadn't bought the action over a year ago.

 

What happens does it remain stayed indefinitely?

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  • 1 year later...

As court action had started, that would have suspended the SB clock.

 

It would be in your interest to find out whether this case has been scrapped or not

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