Help Cout date and CCJ with charging order!!!

[Worsteve]

Hi again everyone,

 

I have a Default Notice here from Barclays. I was hoping that someone may take a look at them as I believe this to be a little 'Faulty'. There is prescribed text missing and the dates will not work if it was posted 2nd class, also ther eis a difference between the Arrears and the Final amount. I also have an unenforceable credit agreement (as proved by a claims management company prior to this). I am currently going through a similar procedure with RBS but was hoping a quick eye over these would reveal further discrepancies?!!

 

Many Thanks to one and all here for there great work.

 

Kindest Regards

 

http://i827.photobucket.com/albums/z...tice001mod.jpg

http://i827.photobucket.com/albums/z...tNotice002.jpg

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice003mod.jpg

 

p.s. I did post this in the 'Invalid Default Notices' thread, but other people there require a lot of assistance and rather than take it away from them I thought I would post this in my thread. It is Barclays stuff and I have SAR'd them. I know the CA is faulty, but the Claims Companies sols aren't doing anything about them. If you can take a look and let me know what you think....not Urgent though.

Edited April 16, 2010 by Worsteve

[cerberusalert]

27th March 09 = Fri so it could not have got into the postal system before Mon 30th add 4 days for postal service = 3rd April + 14 days to remedy = 17th April which means it's 3 days short. Even if they posted 1st class (which they would have to prove) it would be one day short.

[Worsteve]

27th March 09 = Fri so it could not have got into the postal system before Mon 30th add 4 days for postal service = 3rd April + 14 days to remedy = 17th April which means it's 3 days short. Even if they posted 1st class (which they would have to prove) it would be one day short.

 

Ha ha! Brilliant Cerberusalert! Thanks for that. I will wait and see if they have issued a termination notice or not. The SAR will show that up I am sure.

Many Many thanks for your observation!!!

 

just realised 2009- my post on your other thread assumed 2010(apologies) however this IS a termination notice!! read what it says!!

 

the agreement was terminated by the creditor on 14 April 2009!!

 

:eek::D

 

Holy H3ll! I have read these thrice over and quite simply not digested what is in them. The Banks are yet again...terminating an agreement on the back of my Fautly Default Notices!!!! These people are completely unprofessional and as long as they remain that way...we have a chance.

DD great observation and Many Many Thanks

 

they went one better than that by terminating WITHIN a dodgy DN

 

- Bless

 

 

as it was a year ago- i presume you have a copy of your letter to them accepting their unlawful repudiation?

 

As it happens I haven't sent a letter stating I accept their unlawful repudiation. Is there a template on here that I can quickly draft and send off to them?

 

Cheers DD

 

Steve

[diddydicky]

just realised 2009- my post on your other thread assumed 2010(apologies) however this IS a termination notice!! read what it says!!

 

the agreement was terminated by the creditor on 14 April 2009!!

[diddydicky]

they went one better than that by terminating WITHIN a dodgy DN

 

- Bless

 

 

as it was a year ago- i presume you have a copy of your letter to them accepting their unlawful repudiation?

[freethemice]

Coppied of my thread http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/203488-g-nationwide-credit-card-5.html with thanks to Diddydicky:

 

Just photocopy the default notice and send with a statement like this:

 

It has come to my attention, through research, that it is probable that your client does not in fact possess a hard copy of the default notice served upon me and instead seeks to rely upon a computer entry as to the date that a default notice would have been produced.

 

It is therefore possible that your client is unaware of the defective nature of the Default Notice served upon me

 

In order to assist your client i therefore enclose a copy of the aforementioned default notice and ask you to study it carefully as it is clearly defective in several aspects, non of which can be regarded as de minimus.

 

Having not been lawfully entitled, by way of this default notice to claim the benefits of s87 of the act, your client does not have a cause of action to claim sums not yet due nor to terminate the agreement lawfully. In fact your Client subsequently unlawfully repudiated the agreement , an action which i have accepted and the agreement no longer endures. .

 

I invite your client to study this document and to discontinue without costs, failing which i will bring this matter to the attention of the court together with reference to BOS V Robert Mitchell June2009 in which BOS were heavily criticised by the judge for their behaviour in almost identical circumstances.and invite the court to strike out your clients claim as vexatious and an abuse of the court process.

 

Yours sincerley

 

XXX

 

Just keep on reposting this to them until they choke on it. They really can't argue with an invalid default notice and termination but they will try.

[Laura Cooke]

Strange how we believe a faulty DN will carry us through yet I read on here a couple of days ago that a Judge ruled that creditors do not need to have issued a DN to terminate an account?

[gh2008]

Strange how we believe a faulty DN will carry us through yet I read on here a couple of days ago that a Judge ruled that creditors do not need to have issued a DN to terminate an account?

 

They don't (as long as they are not terminating because of a breach by the debtor).

 

If they are terminating it because 'they feel like it' then they can only demand repayment of the arrears at that point they can then enforce payment of them (as long as they have kept up with their obligations under the CCA that is).

 

gh

[Laura Cooke]

Something else I had got wrong thought creditors had to issue a dn as so much is made of it on cag

[freethemice]

Strange how we believe a faulty DN will carry us through yet I read on here a couple of days ago that a Judge ruled that creditors do not need to have issued a DN to terminate an account?

 

True a creditor doesn't need to issue a default notice to terminate an account. They can rip the contract up any time they want to. I am very grateful for any creditor that terminates an account this way and will immediately send them a letter accepting their unilateral termiantion.

 

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

 

Would like to see the link to the thread you mentioned!

[Laura Cooke]

Freethemice spent all day yesterday looking for this thread came by it by chance can`t find it again but the woman lost at court this past week and as a fair few thousand to shell out

[cerberusalert]

Freethemice spent all day yesterday looking for this thread came by it by chance can`t find it again but the woman lost at court this past week and as a fair few thousand to shell out

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/158754-court-action-bos-aa-7.html#post2870583

[cerberusalert]

I'm afraid there's nothing guaranteed in life other than death and taxes. It boils down at the end of the day on what judge you get, some are excellent.... others.... well suffice to say some are a definite waste of oxygen.

[Laura Cooke]

Thanks Cerberusalert it is a huge gamble at court from everything you keep reading as we hear what the creditor as to do to enforce but it seems in cases were defendents are LIP some judges are just riding rough shot over the laws and credit act and getting away with it as defendents can`t afford legal help to appeal it`s a huge injustice

[Worsteve]

When I went to court to challenge my CCJ and to stop a charging order against my property, the judge warned me that this would take the case back to the beginning and would likely cost , more than the loan was worth (£25k loan ....??). He said that if I was to present my defence, he would only consider previous case law. Since I used the Woodchester Lease v Swain example the oppsoing Sols were told by the bank to set aside the CCJ. I have used that as my defence and I will continue to do so. That was on the clear instructions from the judge. But I guess everyone is different.

 

if you prove your case they you would be liable for the arrears only at the time they unlawfully terminated the agreement- assuming of course that the agreement was ever legally enforceable

 

did you do a s78 request? SAR?

 

how much was the debt? and how much have you paid already through the court?

 

i would think- subject to this info it may well be prudent to write to the other side in terms of a settlement one way or the other before proceedings

 

Hello DD

the debt on the RBS was for £25k. I have done an SAR and it is due soon. If I write to RBS will I state that they have given up their right to sect 87 by terminating the agreement unlawfully and they can now only claim the arrears, and I offer that by way of settlement? My next hearing is in May.

Cheers

[annabella7]

hi again, can anyone explain the following. My account was clearly terminated several months ago. as I was unable to make payments after numerous attempts. However while paying bills on line recently I accidently made a payment to them, and it didnt come back into the account. Could they possibly have opened up a closed account again ?

[Worsteve]

Hello DD

the debt on the RBS was for £25k. I have done an SAR and it is due soon. If I write to RBS will I state that they have given up their right to sect 87 by terminating the agreement unlawfully and they can now only claim the arrears, and I offer that by way of settlement? My next hearing is in May.

Cheers

 

Hi Guys and Dolls

just a little BUMP on my thread. As my court case is in May, and the bank terminated my agreement with them on the back of a Faulty DN, do you think it Prudent to send a letter of acceptance of the termination and request the correct total of Arrears?

Many Thanks for everything once again.

 

My MBNA Credit Card Default Notice. Can you superhumans take a quick gander at this for me? I know it doesn't give the correct amount of time to remedy, but does it have any extra wrongdoings I can hit them with? I know it terminates the account on the Faulty DN, but not sure what else is wrong with it. I just want to send a letter accepting therei unlawful termination and reduce my debt pile for £100k to £25k....in the space of a few nicely worded letters!!

Regards to one and all!!!!

 

http://i827.photobucket.com/albums/zz199/Worsteve/MBNADefaultnotice004mod.jpg

[annabella7]

are all default notices, a notice of tremination of an account, even if its not actually in the exact wording? or.... does it need the follow up letter of full and final demand for payment? thanks

[annabella7]

Might seem a stupid question but when I send my defence statement to the court do I also need to send a copy to 'the other side' ? or does the court contact them? THANKS !!

[Worsteve]

are all default notices, a notice of tremination of an account, even if its not actually in the exact wording? or.... does it need the follow up letter of full and final demand for payment? thanks

Not all DN's are termination Notices. 2 of mine are because it states it on the DN. My RBS wasn't a Termination Notice, but they took me to court and in the Particulars of Claim, they tried to get the full amount of the loan....instead of what was on the arrears, and in doing so, Terminated the original agreement...and they did that on the back of a Fautly DN so they are only able to try and get the arrears...not the full amount of the loan.

 

Might seem a stupid question but when I send my defence statement to the court do I also need to send a copy to 'the other side' ? or does the court contact them? THANKS !!

 

You need to send your defence statement to the other side as well.

[annabella7]

Hi Worsteve, thanks for that information. Appreciated !! busy time ahead then with all this paperwork !!

[Worsteve]

Hi Guys and Dolls

just a little BUMP on my thread. As my court case is in May, and the bank terminated my agreement with them on the back of a Faulty DN, do you think it Prudent to send a letter of acceptance of the termination and request the correct total of Arrears?

Many Thanks for everything once again.

 

BUMP again!

 

My MBNA Credit Card Default Notice. Can you superhumans take a quick gander at this for me? I know it doesn't give the correct amount of time to remedy, but does it have any extra wrongdoings I can hit them with? I know it terminates the account on the Faulty DN, but not sure what else is wrong with it. I just want to send a letter accepting therei unlawful termination and reduce my debt pile for £100k to £25k....in the space of a few nicely worded letters!!

Regards to one and all!!!!

 

http://i827.photobucket.com/albums/zz199/Worsteve/MBNADefaultnotice004mod.jpg

 

And another little BUMP here!

[annabella7]

Hi there,

also just wondering..if they terminated your account would it show up on your Credit file as 'account closed on such a date' or just give a default date ?

[Worsteve]

Hi there,

also just wondering..if they terminated your account would it show up on your Credit file as 'account closed on such a date' or just give a default date ?

 

I don't know about that. Other caggers might know the answer to that question. I am not sure my thread is the best one to get on as I am learning all this stuff myself. It might be better to start your own thread to get the answers you need. All I do know is that even though some of my loans should be unenforceable due to the DN's it still shows up on the Credit file as the loan unpaid. The loan is still there....it is just unenforeceable.

Hope this helps

 

Hello DD

I have done an SAR and it is due soon. If I write to RBS will I state that they have given up their right to sect 87 by terminating the agreement unlawfully and they can now only claim the arrears, and I offer that by way of settlement? My next hearing is in May.

Cheers

 

BUMP:D

 

My MBNA Credit Card Default Notice. Can you superhumans take a quick gander at this for me? I know it doesn't give the correct amount of time to remedy, but does it have any extra wrongdoings I can hit them with? I know it terminates the account on the Faulty DN, but not sure what else is wrong with it. I just want to send a letter accepting their unlawful termination and reduce my debt pile for £100k to £25k....in the space of a few nicely worded letters!!

Regards to one and all!!!!

 

http://i827.photobucket.com/albums/zz199/Worsteve/MBNADefaultnotice004mod.jpg

 

BUMP

[cymruambyth]

Are the sums correct (can't remember)? Are there any charges? Does the amopunt agree with any on statements?