Help Cout date and CCJ with charging order!!!

[Worsteve]

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

 

On both my MBNA (above) and the Barclays, they ask for one sum, then send a final letter after the DN, asking for different amount. In the case of the MBNA, they cut the amount by half on the Final letter. I have requested the SAR on both so we shall see what comes back. As an aside, I have accepted their unlawful recission and requested the totals as well. Since on both DN's they have Terminated the account, and the dates are incorrect. Even on 1st class post, they have not allowed the prescribed time to remedy.....................so they can only claim the arrears of about £3000 and not the £54000 that was originally requested! And even then they have to prove that the arrears are corrrect!

[annabella7]

can anyone explain to me 'If a default notice is served 'eithir correctly or incorrectly.

At what stage,or how long afterwards will the company officially terminatethe contract so that payments will no longer be accepted.

[Gallahad]

can anyone explain to me 'If a default notice is served 'eithir correctly or incorrectly.

At what stage,or how long afterwards will the company officially terminatethe contract so that payments will no longer be accepted.

 

There is no standard unfortunately some take days some weeks some months and some never.

G

[annabella7]

I Am Really Confused Reading All This,... Once A Default Notice Is Issued .... What Are The Regulations For The Termination Notice. Or Is It Automatic On Being Taken Court Date

[Gallahad]

I Am Really Confused Reading All This,... Once A Default Notice Is Issued .... What Are The Regulations For The Termination Notice. Or Is It Automatic On Being Taken Court Date

There is no obligation on the creditor to terminate at all if they choose not to. If the DN they have supplied is faulty one has to sit quietly and hope they do default. If they do not default they can issue another DN which may be correct. Once they have issued a termination with only the faulty default to rely on you will then only be liable for the arrears at the time of the issue of that DN. I trust that helps clear your confusion.

G

[annabella7]

Thanks Gallahad ...and well, thats good news then for me I Think .... ..apart from one small point I continued to make reduced payments using bank giro slips as I was blocked from making payments on line. I didnt quite understand that when they consolidate the debt they closed the account. This consumer credit law is quite complex, and so many details to get ones head around. I have to confess the last few weeks have been an education. Thanks to you well informed people

[Gallahad]

Thanks Gallahad ...and well, thats good news then for me I Think .... ..apart from one small point I continued to make reduced payments using bank giro slips as I was blocked from making payments on line. I didnt quite understand that when they consolidate the debt they closed the account. This consumer credit law is quite complex, and so many details to get ones head around. I have to confess the last few weeks have been an education. Thanks to you well informed people

 

You are welcome and do try to relax a little now if you can think of it as a game of tennis and for a while at least the ball is in there court.

If I have been of assistance you may wish to tip my scales.

G

[Gallahad]

Have you posted up your DN notice ( with personal details blacked out) for an opinion on its validity?

G

[annabella7]

hi Gallahad I am not great at the 'posting up' but hope its right. and I did do it before on another thread in the consumer forum. so again hope it shows up correctly . thanks again

 

Imageshack - mumdoc1.jpg

 

Imageshack - mumdoc2.jpg

[Gallahad]

hi Gallahad I am not great at the 'posting up' but hope its right. and I did do it before on another thread in the consumer forum. so again hope it shows up correctly . thanks again

 

Imageshack - mumdoc1.jpg

 

Imageshack - mumdoc2.jpg

 

When did you actually receive the DN and did you keep the envelope?

On the face of it the DN does not look to be faulty to me but there are others on here who are more knowledgable and may find something I have missed.

Have they terminated the account?

G

[NewToTheFight]

I would check around, but according to my date calculations they are short on days to rectify. Also the statutory wording should be DO NOT they used DO NOT but I am not sure if this is a big enough thing to make a point. Also check the sum claimed, make sure the T&Cs allow them to include charges etc - if the amount claimed is incorrect it will be another point in your favour

 

NTTF

[supasnooper]

Upon looking at the dates it would be deemed ineffective.

 

If the DN was posted on the day it was produced ( as a Court would do) then it would be deemed served 2 dyas later if posted by 1st Class or 4 days later if posted using 2nd Class.

 

If 1st class was used then it would be deemed served on Friday 26th June 2009 and you would have 14 days to pay (or remedy) the outstanding arrears which would be Friday 10th July 2009 not the 9th July as stated.

 

If 2nd class was used then it would be deemed served on Sunday 28th June 2009 and a remedy date of Sunday 12th July 2009.

 

Have a look at the link below for a more in depth look at defective DN's -

 

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

[NewToTheFight]

Supa, is the wording error worth pursuing?

[diddydicky]

BUMP:D

 

not sure if you are also disputing the validity of the agreement so you would write and point out that due to their unlawful rescission , which you have accepted, would they kindly advise you of the amount of arrears that were outstanding at the time that the alleged agreement was unlawfully terminated, against which, and assuming that the agreement was a properly executed and/or legally enforceable agreement you may have a counterclaim for their unlawful rescission

 

the beauty is that they will NOT supply you with the figure because they will not accept that they unlawfully terminated- thus you cannot be expected to pay the arrears until

 

a/ you know what they are

 

b/ that your possible counter claim does not exceed the arrears

 

c/ that there is in any case a legally enforceable agreement to pay arrears to

[annabella7]

Well thats pretty impressive alright !! Thanks so much !! should I send them a letter soon as I am still waiting to hear back regarding my CPR 31.14 request.

do u think that I have done myself any damage by making the token payments after the account was closed ? Thia worries me a bit

[enslaved]

Upon looking at the dates it would be deemed ineffective.

 

If the DN was posted on the day it was produced ( as a Court would do) then it would be deemed served 2 dyas later if posted by 1st Class or 4 days later if posted using 2nd Class.

 

If 1st class was used then it would be deemed served on Friday 26th June 2009 and you would have 14 days to pay (or remedy) the outstanding arrears which would be Friday 10th July 2009 not the 9th July as stated.

 

If 2nd class was used then it would be deemed served on Sunday 28th June 2009 and a remedy date of Sunday 12th July 2009.

 

Is it not Tue 30th June 2009, as weekends do not count for postage, service of documents?

 

Have a look at the link below for a more in depth look at defective DN's -

 

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

 

Perhaps DD can confirm this

[cerberusalert]

Weekends and Bank Holidays are not included. Also a court would assume a DN is served 2nd class unless the original creditor can prove otherwise.

[diddydicky]

Well thats pretty impressive alright !! Thanks so much !! should I send them a letter soon as I am still waiting to hear back regarding my CPR 31.14 request.

do u think that I have done myself any damage by making the token payments after the account was closed ? Thia worries me a bit

 

no not reallly - the truth is you paid in ignorance- now you know you stop paying

[annabella7]

Well thats absolutely wonderful news.!! thank you so much for all the help . I am so much wiser now. I so appreciate the help!!

[freethemice]

I do feel when relying on inaccurate default notices it is important to submit a witness statement to court as well. That way the judge is guided to how the documents were processed incorrectly and how it disadvantaged you.

 

i.e.

 

They didn't allow enough time for remedy

 

My uncle reg offered to pay this for me but couldn't withdraw the money until Friday. If only they had allowed more time we wouldn't be in court now.

 

I wouldn't feel confident going to court merely on a point of law.

[volvo]

sub

[Worsteve]

Hi everyone.

 

I have sent letters to Barclays and to MBNA telling them to send me the total amount for the arrears, as they have terminated my agreement with them and they did so on the back of Dodgy Default Notices...i.e. they didn't allow enough time to remedy! I have just got a letter back from Barclays stating that they do not agree to the above and cited the dates to me once again.....which was still short even by First Class.

 

How should I respond to this? Should I send to them in detail how they have failed and come up short on there Default Notice? I basically used a template from this site to state that the Default Notice was incorrect. I am also aware that the Credit Agreement with the bank is real dodgy as well.

 

How should I move forward with this?

 

Many Thanks for all your help

[Pinky69]

I hope they terminated. If they did you can give them a blow by blow account of why your DN was unlawful. I wouldn't have told them anything about claiming arrears. if they want to claim them, they can ask for them. I don't believe in doing their work for them.

[Worsteve]

I hope they terminated. If they did you can give them a blow by blow account of why your DN was unlawful. I wouldn't have told them anything about claiming arrears. if they want to claim them, they can ask for them. I don't believe in doing their work for them.

 

This is what they said on the DN;

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice001mod.jpg

 

See what you think!

 

Have a beautiful Day!!

[Pinky69]

Terminating on a Default Notice - Pillocks!