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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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socleirigh

Default Notice 7 days or 14 days

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Hi,

 

This is my first time posting. i received a DN from Nationwide. Is it 7 days notice or 14 days notice that the DN should give? The loan was taken out in December 2006 if that makes any difference.

 

Any information would be appreciated.

 

Thanks

socleirigh


Regards

socleirigh

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Hello and Welcome, socleirigh.

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

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Thanks for such a quick reply maroondevo52.

 

I had thought that the 1974 Act was seven days, but the 2006 Act gives 14 days.

 

If it is the case that they must give 14 days, then I think they may have made a mistake as they have given 14 days from the date then sent it. They didn't allow time for postage.

 

It was sent on Friday 13th November 09, with asking for the full balance to be paid by Friday 27th November.

 

I received it on 14th November 09, which only gave me 13 clear days to remedy the alleged default.

 

Also the fact that they have asked for the full balance and not the arrears, does this mean they have actually terminated the agreement illegally?

 

Kind Regards

socleirigh


Regards

socleirigh

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Also the fact that they have asked for the full balance and not the arrears, does this mean they have actually terminated the agreement illegally?

 

Kind Regards

socleirigh

 

 

In a word, yes!

 

The design of the DN is to give you an opportunity to put things right prior to further action

 

To do this, it must accurately state the amount required to clear the arrears and this amount ONLY

 

ont have access to all my files at the mo, but there is a COA case that proved this and this would be binding on a lower court

 

(anyone remember the name of case off the top of their heads?)

  • Haha 1

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Further, have they terimated the agreement via a seperate letter, or does it state on the DN similar to "if you fail to rememdy this by the date shown we will terimnate the agreement" (or similar)

 

?


omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Sorry ncf355 for only getting back to you now. I can only use the internet a few minutes each day in work, and don't have access at home.

 

They haven't yet sent a separate letter terminating the agreement, and I'm not sure what the text in the DN says. I'll have a look at home tonight and post comment tomorrow.

 

Thanks for your help so far.

 

Kind Regards

socleirigh


Regards

socleirigh

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Hi

 

No they haven't sent a letter terminating the agreement, and the only thing the DN says is that if I don't remedy the alleged breach, then they may commence legal proceedings to recover the full balance.

 

Kind Regards

socleirigh


Regards

socleirigh

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Hi,

 

I've had a few letters since my last post.

 

The first was one saying that the loan was being moved from Nationwide Trust to Nationwide Building Society Ltd. (No mention of assignment)

 

I'm not sure if this is connected to the second letter I received, which is from KPR Debt Collection requesting the full balance within seven days. I have learned from other threads that KPR are actually part of Nationwide.

 

Is it just a coincidence that these two letters arrived roughly a week apart, or did the first one have something to do with the second?

 

Regards

socleirigh


Regards

socleirigh

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Hi

 

Wouldnt bother too much about the standard letters they send you.

 

I would concentrate on writing a letter to Nationwide informing them as they have illegally terminated your account by not giving you the required 14 days and asking you for the balance instead of the arrears you will be taking legal action against them.


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Hi

 

I have seen on other threads that some people have not waited for a termination letter and have gone ahead and sent a letter accepting the unlawful rescission of contract as termination.

 

Does this work, or should I hold out for a termination letter?

 

Kind regards

socleirigh


Regards

socleirigh

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Hi diddydicky

 

Yes, the D.N. asks for the whole outstanding balance of more than £16k to be paid in full.

 

I also received a letter at the weekend from K.P.R. offering me to settle the loan at a discounted amount. It says to phone them within seven days to agree figure, after which time this offer will be withdrawn. It also says that if I agree to this they will mark the account as partially satisfied with the CRAs. Does this mean that they could sell any remaining balance to a DCA?

 

Regards

socleirigh


Regards

socleirigh

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yes

don't do it

 

int, if they are offering a discount that means something is wrong,

i smell a rat!

 

dx


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Hi dx100uk

 

I won't phone them, and hopefully they will pass the account onto solicitors, and thus formally terminate the agreement, allowing me to accept their unlawful rescission of contract.

 

Thanks

socleirigh


Regards

socleirigh

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Would someone confirm that the 14 days are 'working days' mon - fri ?

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Hello greendollar!

 

Would someone confirm that the 14 days are 'working days' mon - fri ?

 

Sadly, no. The 14 days are 14 clear days, i.e. whole or calendar days.

 

The Working Day issue is mainly in relation to the time scale for getting the Default Notice to you.

 

In that case, Working Days are very important, and you need to establish Date of Posting, Type of Post used (1st Class, 2nd Class, or worse which would be classed as 2nd Class) from which the Legal Date of Service can be established...which is not the same as the actual day the Notice happened to arrive.

 

Thus, always keep the Envelopes within which any bank letter is sent, and especially in relation to s87(1) Default Notices.

 

Examine the Envelope for Franking Marks and Dates, and any Barcodes that might one day be de-coded to establish key dates that can aid the clarification of the Date of Posting or at least confirm when the Envelope was still in transit so not Served at that time. IOW, other evidence to show that you had not actually been Served with the damned thing at that time!

 

Cheers,

BRW

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you dont need to smell the rat- it is right there in front of your eyes!!

 

the demand to pay the full outstanding balance of the account is an unlawful repudiation by the creditor of his obligations- he has made it clear that he will not permit you to continue to pay sums not yet due on a monthly basis

 

the wording of the DN defeats the intent and purpose of the DN and it is impossible for your comply with it ANd obtain the benefits of its intent and purpose

 

 

|I would wait a couple of weeks for a termination letter or another demand for payment in full and if none recevied then write and regard the DN as an unlawful rescission

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just a quick update - received my third default notice from Nationwide this week. They have fixed one of the problems in that they ask for the arrears this time, not the whole balance.

 

But, yet again they have not allowed sufficient time to remedy the default. The default was issued 19th May, and asked for the arrears to be paid by November 2009!!! As this date is before the default was issued, they are obviously not allowing fourteen days to pay the arrears!!


Regards

socleirigh

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Had to laugh at their total bloomin' ineptitude!

 

Any update on unlawful rescission yet, socleirigh?


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just had nationwide discontinue my action in the fact of a strike out application

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