Termination of Agreements with a Defective Default Notice

[Jamesx81x]

Just had a reply from the OFT to a query i raised regarding whether a creditor can claim an agreement is still live if they terminated on the back of a defective default notice.

 

They informed me that the issue is currently going through the courts under case tracker:

 

http://www.hmcourts-service.gov.uk/listing_calendar/getDetail.do?case_id=20101463

 

So looks like we will get clarification once and for all after the outcome of the case

[postggj]

Its about time

[Jamesx81x]

Just a question on this, as this is going through the court of appeal how will this affect carbon copy claims that are made by creditors through the County Courts.

 

Should the county courts stay such claims until the judgement on this has been given as they did with the bank charges?

 

Thanks

[the_shadow]

If this case is cited as an authority by the claimant in a case against you then you should let the judge know that its currently under appeal, as far as i know the blanket stay was extra ordinary and not the norml in the case of bank claims.

 

S.

[Jamesx81x]

Thank you for that. Yes i am being taken to court for a second time after they discontinued first time round due to a dodgy default notice. They have since issued further proceedings stating the usual speil that the agreement was never terminated. I clarified with the OFT what exactly the interpretaion of the act was and they replied with the above which implys to me they are waiting for that outcome themselves.

How would i let the judge know, would it have to be in my defence or would i need to contact the court?