Claimform/ Link/GE capital/woodchester

[DonkeyB]

Application on an N244 with a WS stating why the claim should be struck out. Your argument could be that you require finality, and they have failed to comply with CPR properly, for example – but beware that if they have failed so far to produce the proper paperwork, they may simply take their time locating it and then request the stay be lifted. The advantage of going for strike out is that they put up or shut up.

 

But it really depends on the strength of your case.

[elrib]

Hi Guys

 

Had this latest form from court but not sure how to reply to Notice.

 

Elrib.

26-06-2011 17;32;43.pdf

[elrib]

Hi All

 

Have a default notice can this be used in a defence.

 

Date served, 4th july 2008

Remedy by, 18 july 2008.

 

Notice of termination 19 july 2008.

 

Thanks for any help.

[Bazooka Boo]

Will need a lot more info, are they demanding the arrears or the full amount, what is it, how old is it, how was it obtained?

 

Default notices can be rectified, so if you tell them it is wrong, for whatever reason, then they will simply issue you with an enforceable DN.

[elrib]

hi

 

Its for a Loan taken out in late 2005.

The default Notice is for arrears. Dated the 4th july remedy by the 18th july, and then letter dated the 19th.

Headed, Notice Of Termination.

You have disregarded our previous notice of default and as a consequence we give you notice that we hereby

terminate the hiring and the agreement forthwith.

This has been around the block abit with other DCA.

E

[Bazooka Boo]

OK so when did you receive the DN? Dated and date received are two separate things.

 

It is highly unlikely that you will have received it on the same day it is printed so that goes in your favour for a start.

 

Don't inform of this, as all they will do is send you a correct DN, wait until they sell it to a DCA first before contacting them again. (IMO)

[elrib]

Looking through the paperwork this has been sold to Asset Link.

Not sure of the date received but would have been 1 or 2 days after the date on Notice.

E.

[Bazooka Boo]

What does your credit file say?

[elrib]

6th july default by origainal lender, GE Money.

[Bazooka Boo]

Then GE still own this, they are simply using the fools Asset, as their gopher.

[MW2]

So if a creditor sells a debt on before the time allowed to rectify it, on the DN how can they possibly issue another one when they don't own the debt? Or can't they?

[Bazooka Boo]

Usually, the OC will issue a DN, which will either have the incorrect dates, ie it doesn't allow you the correct time period in which to rectify the account, or they demand the full balance instead if just the arrears, or there will be some other fault with it.

 

So if you say and do nothing after they have issued you with a faulty DN, then they terminate the account, and then sell it on to a DCA, you will be able to claim that the account was unlawfully rescinded and you accept their unlawful repudiation and will pay them the arrears, only.

 

The trouble with faulty DN's is that they can be rectified, so as soon as you let the OC know of it's failings, they rectify it and reissue you another one. Once it has been terminated and sold on the back of a faulty DN, there is no going back.

Edited July 12, 2011 by Bazooka Boo

[rockwell304]

Once it has been terminated and sold on the back of a faulty DN, there is no going back.

 

Evening Boo,

I received a faulty DN from Barclaycard October 2009. I was then contacted by various DCA's demanding the full outstanding balance. I have not notified BC or the DCA's as I do not wish to alert them. BC have never actually terminated the agreement in writing, although DCA's demanding the full balance might be considered termination. Basically, I consider it to be just another piece of ammunition in case they take it to court. I assume the termination will kick in if they sell the debt on.

[elrib]

Hi Boo

 

The debt was sold to Asset link in 2009 well after the default notice. it had been with a few DCA in the mean time.

I have had letter from Link to inform me that they bought the debt.

E.

[rockwell304]

Looking through the paperwork this has been sold to Asset Link.

Not sure of the date received but would have been 1 or 2 days after the date on Notice.

E.

 

Elrib, they seem to send out a lot of DN's by second class post, mine was dated 15 Feb and received on 19 Feb making it a 12 day DN. Worth rechecking your dates and storing as ammo in case of further action.

[elrib]

Hi Rockwell

 

The DN sent only gives me about 10 days to fix and then I have a letter terminating the agrement, after that, debt was sold. Not going to let them know this but not sure how to use it against them if it gets that far.

E.

[Bazooka Boo]

I too am of the same opinion, that if they demand the full amount, then that can be taken as the account is then terminated.

 

As you say, it is more ammo to throw at them if the need arises.

[elrib]

is there a act or case study that one could use as an example of a faulty default, I am sure I read somthing on this site but not sure where to fine it.

E.

[BRIGADIER2JCS]

Subbing

[willtheywontthey]

Subbing also. Been AWOL for mothns and now catching up on many things which either have changed or may have changed and different information on the net. I've read that accepting the repudiation thing seems to mess up things but I don't understand how or why?? has anybody more information on this as it could change some of my 'defence' if needed.

[Bazooka Boo]

AFAIK, UR is pretty much RIP, however!!!!!

 

If the OC issues a faulty DN (for whatever reason) and they then sell it to a DCA, (without being informed the DN is faulty) then the new owner can ONLY ever recover the arrears!

 

If the OC issues a DN which is faulty, and they are made aware of this, then all they need do it to issue you with a NEW DN which is enforceable so they can then enforce...

[MW2]

And when would be a good time to inform new owners of this fact? When threatened with court action? Or would they go back to OC and get them to issue new one?

[elrib]

If the OC sold the debt on, is there a Act or case which could be produce in court to show that they can only claim the arrears, As I sure a judge would not just take my word.

E.

[BRIGADIER2JCS]

Immediately.

[Bazooka Boo]

There might be something relevant in here....http://www.johnpughschambers.co.uk/Consumer%20Credit%20%28Enforcement,%20Default%20and%20Termination%20Notices%29%20Regulations%201983.pdf