Default Notices with Different Dates

[aguycalledrufus]

I received a DN dated 14/06 with an action required to remedy ... "before the 28 June 2009"

 

My Girlfriend also received a seperate DN dated 14/06 .... with a remedy date "before the 28 June 2009"

 

Recently I sent a CPR31.14. They have sent a "copy of the Default Notice" which is different to the ones we have.

 

This "copy DN" has both our names on the one letter - (not 2 letters addressed individually)

 

The "copy DN" letter is dated 13/06 with a remedy date "before the 28 June 2009"

 

Its obviously a different DN - does this mean that it likely that they dont have the original on file?

 

There are also not 14 Clear Days between either of the DN's whether it was 1st or 2nd Class (no envelope I'm afraid)

 

How should I proceed?

[Loser4u]

Did you get any other documents with this such as your agreement, Notice of assignment if it has been assigned. Copies of statements or details of how the balance has been determined?

 

You also probably want to have a read of this http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

Edited December 30, 2009 by Loser4u

[mkb]

I received a DN dated 14/06 (A Sunday!)with an action required to remedy ... "before the 28 June 2009"

 

My Girlfriend also received a seperate DN dated 14/06 .... with a remedy date "before the 28 June 2009"

 

Recently I sent a CPR31.14. They have sent a "copy of the Default Notice" which is different to the ones we have.

 

This "copy DN" has both our names on the one letter - (not 2 letters addressed individually)

 

The "copy DN" letter is dated 13/06 (A Saturday!)with a remedy date "before the 28 June 2009"

 

Its obviously a different DN - does this mean that it likely that they dont have the original on file?

 

There are also not 14 Clear Days between either of the DN's whether it was 1st or 2nd Class (no envelope I'm afraid)

 

How should I proceed?

 

BOTH sets of DN's are invalid whatever they claim since the 1st day of service would have been Friday 19th having allowed 4 business days for postage hence the remedy dates should have been 2nd July

The service can only claim to have been by 2nd class post UNLESS THEY HAVE PROOF OF 1st CLASS POST.

Banks & the like tend not to keep copies of DN's on file - usually just a reference that one has been sent.

Have you sent for a SAR? This should highlight when a DN was sent.

[aguycalledrufus]

update...

 

... I received a letter from the Solicitors advising that they will lodge a notice of Discontinuance and then they will be able reissue a correct DN.

 

well I received a Notice of Discontinuance a week later!

 

... nothing in the last 2 weeks...

[Valdez is Coming]

Rufus...hi...l may be wrong, but once they have issued a default notice and the 'rectify date' has passed, they have terminated the agreement.

 

Under CCA rules they can't issue another Default Notice as there is no agreement existing. Only exception is if you agree to reinstatement of agreement - which of course you are not going to do!

 

Lots of stuff on here re invalid default notiices. Seek further help if they come back at you. Best of luck..................Valdez

[DonkeyB]

If they have demanded the full amount on the back of a dodgy DN, that is termination and unlawful rescission. Taking you to court is termination, providing they claimed the full amount.

 

They cannot issue a new DN - there is now no account to issue a DN against.

 

Further, they really have no new evidence so the chances of their getting permission to make a further claim on essentially the same evidence is unlikely.

 

You've won.

[Axiom99]

BOTH sets of DN's are invalid whatever they claim since the 1st day of service would have been Friday 19th having allowed 4 business days for postage hence the remedy dates should have been 2nd July

The service can only claim to have been by 2nd class post UNLESS THEY HAVE PROOF OF 1st CLASS POST.

 

Banks & the like tend not to keep copies of DN's on file - usually just a reference that one has been sent.

 

Have you sent for a SAR? This should highlight when a DN was sent.

 

Are you saying that where the date of the DN is a weekend it is assumed that the date of postage is the first business day after that and then there are 4 days for postage which would make the Friday of that week the day it was deemed received?