Default & termination Notice Question

[Pinky69]

A DN cannot be reissued because there is no account to issue one on - it has been terminated. The only way the account can be reopened is if you agree, which, of course, you are not going to do.

 

They cannot ask you for payments that would have arisen in the future because the account is terminated. All they can ask you for are any arrears that accrued when the account was still open.

 

It is the logical sequence of what follows on from unlawful default and termination rather than specific law.

[robcag]

Some reading for you;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.html

 

Cheers

Rob

[bobj70]

Cheers Rob,

 

I found the dodgy DN one, but will take a look at other two.

 

That tale of yours and it's post made me tired and gave me a headache just reading let alone living it, good on you and hope it soon ends.

 

 

All the best and have a good weekend all

[bobj70]

Hi Folks,

 

I have found something maybe funy with the agreement i was sent and need your views please.

 

Two more pages attached, plus ones from earlier post.

 

I was sent agreement first page (IMG) marked 1 of 4, blank key info/sig page marked 2 of 4 (IMG 1),T & C page 3 of 4, (img 1 agn soz). ALL were full size A4 non faxed.

 

No page 4 of 4 at all

 

Then Key info/sig page signed and dated (1st post img) and dealer warranty sheet (this post img)

 

BOTH these although on A4 paper are small A3 size FAXES dated 1 & 2/8/06, agreement date.

 

Although the small signed page has same ref no top right, why are they not all same size, does it mean they dont have original signature page, or am i looking for something not there ?

 

 

 

IMG.pdf

 

IMG_0001.pdf

[bobj70]

Me Again, sorry.

 

Just looked at both sig pages, blank and signed one.

 

They both have same agrement number at base and ref number top right, so how can you have 2 signature pages for same agreement,these are 2 different pages from a document which should only have one ever.

 

i first thought they had included a blank file sig page because signed one was to small to read, but not so.

 

I think they may ONLY have a faxed signature and dealer warranty page on file, no original signed contract,and may have re done page 1 and 2 fresh for me.

 

If this is the case this is vital so your advice and help please.

 

Cheers

[bobj70]

Sorry for keep posting, just got my brain working.

 

The more i think about this the more i may be right.

 

They appointed a solicitor to handle this who first wrote in July and ever since i asked them for information despite doing a CCA and DPA request back in August and telling them hubby sold car, i have had nothing. I

have been a real pest calling 2-3 times per week when deadlines were up and have had nothing but excuses and we are waiting for information from solicitors, i even joked with them it should you be chasing not us, it was only when i told them i was going direct the paperwork came from finance company a little at a time and they said they had no record of a request, despite listing my DPA/CCA chq on statement from 1/09 they sent me.

 

Not sure if they are trying to recover car, chase hubby first for money and selling car or what.

[bobj70]

Can someone tell me what legal definition dictionary a judge or lawyer would use ?

 

I have looked up Joint and several, which i know is basically either or both or all parties are liable BUT it goes on to say "... only if their concurrent acts brought about the harm to the plaintiff." which i think may be important.

 

 

Thank You

[bobj70]

Hi Folks,

 

I have found something maybe funy with the agreement i was sent and need your views please.

 

Two more pages attached, plus ones from earlier post.

 

I was sent agreement first page (IMG) marked 1 of 4, blank key info/sig page marked 2 of 4 (IMG 1),T & C page 3 of 4, (img 1 agn soz). ALL were full size A4 non faxed.

 

No page 4 of 4 at all

 

Then Key info/sig page signed and dated (1st post img) and dealer warranty sheet (this post img)

 

BOTH these although on A4 paper are small A3 size FAXES dated 1 & 2/8/06, agreement date.

 

Although the small signed page has same ref no top right, why are they not all same size, does it mean they dont have original signature page, or am i looking for something not there ?

 

 

 

[ATTACH]13747[/ATTACH]

 

[ATTACH]13748[/ATTACH]

 

 

Sorry to bother you folks but does anyone think i may be right about them not having agreement, is it worth pushing some more, or am i barking up wrong tree ?

 

Cheers