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Default Notice - 14 days, & Amount due!


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Hi

Can anyone please advise me if this default notice is valid or not as it states Should you wish to remedy this matter we shall allow 14 days from the date of this letter, 23rd Sept 2001, to receive the outstanding instalment and any other instalments due at or by that date, (the letter was dated 09/09/01),

It also states should we not receive your first instalment as stated above we shall terminate the agreement and initiate Court Proceedings for the sum of £5820.

Such sum shall be calculated upon your instalment date after the date specified herein.

This shall be your settlement date. the total amount payable under this agreement £11020. You are entitled to a rebate of £5200. the total amount payable upon termination is £5820.

Yet I ended up with a CCJ £11020? and did not contest it as only through this wonderful site have I started to look through all my documents and question certain things, Would u say this default notice is legally correct.

Any thoughtS woud be much appreciated.

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They have given you sufficient time to remedy the breach but they should have given you a specific date. It's a bit confusing as it is not clear under what circumstances you would be entitled to a rebate. Having defaulted, you clearly weren't entitled to one. The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 states that everything must be clear and easily understood and you could have contested their claim on their statement that you were entitled to a rebate. There are also certain key phrases that must be in a DN and you can check these by looking up the Act on the internet. You can also check if it was laid out as it should have been - there is a specific lay out and heading for DNs.

 

The problem is that if the CCJ was some time ago, you would have difficulty going back and explaining to a judge why you are asking for a set aside all this time later and if it has been a few years it is unlikely to be granted.

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