Can a 2nd Default Notice be Issued?

[mrwheeler]

Hi

 

Wondering if anyone can help me.

 

Credit card default notice issued which requested arrears - not full balance, but DN is invalid owing to failure to provide no less than 14 days to remedy.

 

I have now received Court Summons. I am going to send them a letter telling them to sod off owing to the invalid DN, unlawful rescission.

 

But.....If the default notice is invalid, can it be stated that the agreement is actually terminated? ie can they not just issue a correct DN?

 

Any help much appreciated, short timescale on this for me.

[cerberusalert]

AFAIK If the court summons is for the full amount it has in effect been terminated, however you should respond to the court papers.

 

I'm moving your thread into the Legal Forum.

[cerberusalert]

Thread moved.

[DonkeyB]

I would write to them asap, pointing out the termination on the back of a faulty DN, and accepting their unlawful rescission.

 

You should also state you reserve the right to counterclaim for damages for the rescission if the court claim is not withdrawn.

 

As Cerbs says, make sure you acknowledge the claim form, and state you intend to defend, because I doubt somehow they will accept your kind offer.

 

Send everything recorded delivery.

[mrwheeler]

Brilliant thanks.

 

I will accept their unlawful rescission, this would not prejudice my defence as I am going to defend on an unenforceable agreement?

 

Also, is there any other case law where the invalid DN has sunk the action apart from Woodchester?

[DonkeyB]

You can defend on many fronts! They have simply thrown you a very juicy opportunity.

[mrwheeler]

Well put. I could not see the wood for the trees for a while there

 

Many Thanks