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Yeats

Two Defult Notices

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Hello all.

 

I'm constructing a defence for a debt of about £500 for a storecard and have just realised (after going through all the paperwork/threats) that I have been issued with two DN's! The first has been issued by GE Money and the second by Santander.

They are of the usual poor quality (21 days from receipt etc.), but can anyone help with this part of the defence?

 

Thanks,

 

yeats

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If they haven't terminated the account I think you will find they can issue as many as they want!

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Thanks for that, defence as normal then!

 

yeats

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Are DN's for same debt?


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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They cannot issue as many default notices as they like if the wording in one of the default notices stipulates that termination of the contract will happen if you do not pay your arrears.

 

There is case law for this... I will try to find it out. Basically the judge was convinced by the argument that it would be ridiculous for a creditor to default an account... stipulating it would be terminated... and then reissuing another default notice.

 

It would be tantamount to re-invoking the contract time and time again and defaulting time and time again.

 

I will try to look around for it.

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Thanks to you all.

 

I'll wait on your findings vjohn.

 

yeats

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Ditto, I have the same problem and have been searching the various forums today in reference to this exact issue.

 

I have a futher question, which is related to the 2 default notices, apologies if you think I am hijacking your thread but in reference to the two DN, but do you have an arrears amount on the 2nd DN?

 

I am confused with the amounts on my most recent DN from CL Finance. If they have purchased the 'whole' debt from Santander, should a default amount be displayed on the DN?

 

I was under the impression that they purchased the debt as a whole, and that new payment plans are created. Therefore if there are arrears with Santander, are these passed over to CL Finance or are the arrears cleared?

 

Any advice would help, and I think that this may help your defence too?

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im ahving the same problem with link, they have bought debt from GE and got a ccj from court under my duress as i have been paying, but are still issuing me with default notices even after jusgement there is a clasue in contract that states they can add interest but can find one for the defaults... can they do that, also not sure if the account have been terminted from ge im presuming so if they have bought it ?

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it is my understanding that a creditor may correct a faulty default notice by supplying a new default notice

 

how many times he can do this would be open to the judges discretion but i hardly think the two would amount to abuse.

 

It has been argued that if the Creditor states in the DN that he WIL:L terminate on or after the remedy date speficied this amounts to termination but as far as i am aware this proposition has never been put to a court.

 

a clear termination/demand for monies not yet due is advisable to sustain a claim of unlawful rescission (IMO) but i would be oh so pleased to be proved wrong with some case stated

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I am quite sure that I have read on here that they can only issue a new DN with your consent. You would have to consent (of course you would do) to having the terminated account reopened and then they may issue a new (correct) DN.

 

Can anyone back this up?

 

yeats

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I am quite sure that I have read on here that they can only issue a new DN with your consent. You would have to consent (of course you would do) to having the terminated account reopened and then they may issue a new (correct) DN.

 

Can anyone back this up?

 

yeats

 

not quite the c reditor does not need your consent to dn

 

if he has terminated the agreement subsequent to the first DN then there is no agreement left to issue another DN against

 

Having terminated (and you having accepted) unlawfully then clearly the creditor could not unilaterally re instate the agreement unless you agreed

 

assuming you have not been "sectioned" you are hardly likely to want to do that!

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Just read on another thread that they can issue more Default Notices until they have terminated the account!

 

Sorry DD.

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Just read on another thread that they can issue more Default Notices until they have terminated the account!

 

Sorry DD.

 

within reason!

 

the cca is not there to enable to creditor to take "pot shots" at getting a statutory instrument right.

 

there is no hard and fast rule but i would guess that any more than three attempts to get one right would have the judge reaching for his black cap and gown:D

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