Is this Default Notice valid (2)

[Artie44]

hi again,

 

This DN is dated 17th March, so assuming 1st class delivery of 2 working days takes it till 19th. Then add 14 days takes it to 2nd April. But it only allows 12 days as it demands payment by 31st March.

 

What about the statement in capitals, doesn't also have to have the text in bold underlined too?

[2Grumpy]

Invalid in my opinion because it doesn't give 14 days to rectify the breach after allowing 2 days 1st class or 4? ways 2nd class

[silverfox1961]

Correct. Invalid but don't tell them. Let their mistake be to your benefit.

 

If they terminate the account, they can only then claim for the arrears that caused the default

[Artie44]

If they terminate the account, they can only then claim for the arrears that caused the default

 

After they terminate the account why can they still claim the arrears?

[cerberusalert]

All they can claim is the £72 arrears if they terminate the account. The remaining balance will have to be written off because they would have unlawfully rescinded the agreement.

[Artie44]

I read somewhere that if they unlawfully rescind the agreement neither the balance or arrears would be payable as the creditor needs a live agreement to legally claim them. Is there case law to clarify this point either way please?

[cerberusalert]

Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

[Artie44]

Thank you for that. the point I am still confused about is, if the failure of a DN to be accurate invalidates the notice, then on what basis are the arrears stated on that notice payable?

[cerberusalert]

The arrears up to the date of the DN are still payable because they were monies due up until termination. Once they terminate on the back of a defective DN no more monies become due because the agreement has been unlawfully rescinded.