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MandM vs Egg Loan ***Won with Strike Out***


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Is this DN worth arguing???  

2 Caggers have voted

  1. 1. Is this DN worth arguing???

    • Yes, argue all the way!!!
      2
    • No, they've got you beat.
      0


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The restons letters above are horrifying to read. They can't possibly serve a default notice on an account that's already been terminated, can they?

 

At first sight I'd call that fraud. Am I missing something?

 

they can try!!

 

those letters are LUVERLY to read not horryfying

 

thank you Restons

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Can't believe a solicitor would even try that. Bit like Mr Hitler saying, "sorry, can I try invading Russia again? Got stuffed first time"

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Wow, a cracking set of paperwork - AND it's available on the web lol. What an inept bunch of morons. Thanks for that DD.

 

M

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Well done that man :D

 

Thanks Eddie. Fingers crossed that you're next :)

 

M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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The restons letters above are horrifying to read. They can't possibly serve a default notice on an account that's already been terminated, can they?

 

At first sight I'd call that fraud. Am I missing something?

 

No, they cant. :lol: But you would be surprised how many times they have tried :rolleyes:

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Just a little update here. I was in court today and cited my DN's and lack of Termination Notice as reason to Set Aside my CCJ.

IT WORKED!!!!!! I now have 14 days to notify the claimant of my full defence.

 

Here is my link!:

http://www.consumeractiongroup.co.uk/forum/legal-issues/247688-default-notices-court-dates-2.html#post2830572

 

Something is working that is for sure!!!!!!

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Just a little update here. I was in court today and cited my DN's and lack of Termination Notice as reason to Set Aside my CCJ.

IT WORKED!!!!!! I now have 14 days to notify the claimant of my full defence.

 

Here is my link!:

http://www.consumeractiongroup.co.uk/forum/legal-issues/247688-default-notices-court-dates-2.html#post2830572

 

Something is working that is for sure!!!!!!

 

:D:D:D Well done!!!

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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The restons letters above are horrifying to read. They can't possibly serve a default notice on an account that's already been terminated, can they?

 

At first sight I'd call that fraud. Am I missing something?

 

i think what you are missing is:-

 

a/ Both letters contain an admission that a faulty DN is fatal to a claim- which makes restons arguing the opposite very difficult

 

b/ The application to re issue a new DN and amend the POC was refused

 

c/ Restons eventually discontinued

 

what's not to like:D

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Hence DDs statement>>

without even having to produce it to the judge (but making sure that Restons lawyer can see it on the desk)

 

I think its potential, just by reference alone, would cause them great concern. :D:D:D Happy days.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 2 weeks later...
Hey.....CONGRATULATIONS MandM! I wondered where you had vanished to and came across this link by accident while reading another link. FANTASTIC outcome for you......well done!

 

Thanks SB. Haven't vanished just yet ;), just buried in work atm.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 2 weeks later...
I missed this thread completely MandM... been too wrapped up elsewhere.

 

Great work!

 

Thanks vj. Still waiting to see if they dare appeal. All quiet so far :)

 

M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 1 month later...

Well, this is getting interesting again!

 

Have received a letter from the solicitors enclosing a NEW default notice :rolleyes:. They've had a few months to think about it now - no calls, no contact - and obviously decided that the appeal route is far too risky.

 

These are the same solicitors that confirmed almost a year ago that the account was now terminated and then proceeded straight to court.

 

Just looking for a nicely worded reply to give them.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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out of interest, what have they put down as arrears? arrears at termination or arrears as though repayments should have been made

 

Here's a letter from DD totally different circumstances, but there are some nice pointers http://www.consumeractiongroup.co.uk/forum/legal-issues/242517-storecard-claim-served-what-9.html#post2830927

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Need to have a good search of teh forums for a more complete letter. I think a killer letter in these circumstances is needed as more and more creditors are doing this.

 

Maybe some of the 'letter experts' can get onto this ........

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

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The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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that was my hack of DD's post :D

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Well, this is getting interesting again!

 

Have received a letter from the solicitors enclosing a NEW default notice :rolleyes:. They've had a few months to think about it now - no calls, no contact - and obviously decided that the appeal route is far too risky.

 

These are the same solicitors that confirmed almost a year ago that the account was now terminated and then proceeded straight to court.

 

Just looking for a nicely worded reply to give them.

 

M

 

Once a DN once issued, and terminated, cannot be followed by a second DN, as the "agreement" has been terminated, so it follows you cannot default an account which does not exist!

 

So the only DN that could be valid is the FIRST one so by when proceedings have commenced the Claimant will have terminated the agreement. The language of a default notice is framed on the basis there is a current agreement. That language is prescribed. If the Claimant terminated the agreement, to deliver an effective default notice will involve the fiction the agreement is current and never terminated. It would also involve the Claimant reinstating unilaterally. The debtor would be unlikely to agree to reinstatement if to do so would cure the Claimant's difficulties.

One good thing appears to be that they are admitting the 1st Default Notice is defective. It therefore follows that by starting Court Action, their client Terminated the Agreement unlawfully, because they had failed to secure a valid Default Notice before doing so. Thus, they are admitting they started Court/Terminated when they were in no position to do so lawfully, having lost all the benefits of s87.

 

That is unlawful rescission of Contract/repudiatory breach of Contract...for which you can ask them for compensation :)

 

Fairbyblues thread may help you with this one....I had that info above stored from there so may help you on this

fairbyblue /MBNA-Restons Court 20th.March-they have issued 2 default notices./ **WON**

(you may want to read back a little on here but hope it helps)

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Need to have a good search of teh forums for a more complete letter. I think a killer letter in these circumstances is needed as more and more creditors are doing this.

 

Maybe some of the 'letter experts' can get onto this ........

 

 

that was my hack of DD's post :D

 

Yes, it was a DD post I used in my original defence to argue the point on the day (should I have needed it) as to why they could not just simply correct the situation by issuing a 'new' DN. It makes a nonsense of the whole act if we can just simply 'correct' the situation now by complying with the 'new' DN.

 

Pretty sure it's along the lines of >>>> For a valid DN to be issued then the 'agreement' between us must still endure. However, they claimed the full amount = terminated. They took me to court for the full amount = terminated. They wrote and confirmed termination = terminated.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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M

 

I think they either terminated, ended, finished, concluded or waved "bye bye" or "goodbye" (but definitely NOT "au revoir") to it. Monty Python's "Dead Parrot" sketch can probably give you a few more synonyms for the current state of the agreement if you need to clarify the situation back to them!

 

BD

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