Default Notice Question?

[rivelino]

Hi

I have been to court over various issues with A&L>Santander re: an unsecured loan agreement. I have recently come away from court and was advised @ CAG but I'm unsure if there are any active solicitors posting wthin the Bristol area. I have read as much as I can within the forum but this does seem to be an odd one and feel that it's mainly compounded by the Takeover of A&L by Santander (right hand doesn't have a clue what the left hand is doing) However I will try to keep it as condensed as possible and avoid unnecessary padding!! Will also keep dates approximate

1. A&L sent me numerous 'notice of default sums' from late 2008 (loan balance @ £21k).

2. Early 2009 further letters culminating "we will register your account in default in 14 days and issue you wih a Notice of Default under Section 87 of the CCA 1974"

3. No default notice was forthcoming as required under section 87 but they registered the default on my credit file along with a few more notice of default sums after the prescribed date (Date of default) and debited to the loan account i.e. was the loan live or terminated. Arrears @ £4,012.89.

4. Account passed to solicitors who issue claim mid 2009 through Northampton for @ £25k. No evidence of default notice submitted with claim.

5. They put forward an application notice early 2010 with typical "defendant has no real prospect of succesfully defending the claim, blah blah"

6. My main defence being no default notice issued prior to termination (account passed to solicitors) on or around mid 2009.

7. However I receive a default notice from Santander prior to hearing @ a month ago stating arrears as £3,768.45 which contradicts 3 above in relation to the arrears stated @ early 2009. I have therefore received a default notice @ a year after the original advices (notice of default sums') and termination (passed to solicitors) with the incorrect arrears amount (irregular?). They also appear to continue to communicate with me as though the loan is live and I continue to get DCA letters and statements of account from them.

8. I have been granted a month's adjournment to seek advice and submit my revised and/or amended final defence.

9. While in court Santander's representative quoted case law @ HSBC v Carey (I think) which he inferred that irrespective of whether a default notice was issued correctly it still entitled the claimant to judgement albeit that the judgement could not be enforced

Any help is greatly appreciated.

Regards