Bryan Carter/Arrow/Fredrickson and Orange **Help with defence needed urgent**

[citizenB]

I have sent out an S.O.S. But you should start on your defence as soon as you can.. and sort out a letter to the court to explain why your defence is late.

 

Have you kept the envelope their stuff came in ? And was there a covering letter attached with a date on it.. this will confirm the late submission to you and why you are late with yours.

[missdpd]

Oh yes, envelope kept, stamped 29th June and sent 2nd class, not that it makes much difference gathered from the news reporting on postal deliveries the other day.

[citizenB]

It proves that they had already missed their deadline when they sent it to you

[missdpd]

The covering letter they sent further proves this as well and states that it is pursuant to the Court Order, which, of course, it is not as they filed after the date. I could make up loads of excuses as to why I have not acted on this as soon as the date came and went but I shall not. Accountability for my actions, lessons learned.

[citizenB]

All you need do is apologise for the delay in submitting your defence.

 

That you were waiting on the claimant repleading their claim and that you did not realise the importance of not informing the court that the claimant had failed to do this by the due date ordered by the court.

 

You now enclose your defence for consideration.

[missdpd]

Is this put in a covering letter?

[citizenB]

Is this put in a covering letter?

 

yes..

[missdpd]

Law of Property Act 1925 and issues of Notice of Assignement,

does anyone know anything about it.

 

I ask as I moved from my previous property in 2007 and they claim to have served the NOA in 2010, which, I suspect, was at my previous property.

 

This would explain why I have never received one but does not explain why they will not provide me with a hard copy of it.

 

Is the NOA still effective despite my having never seen it?

[citizenB]

As this type of notice is pretty standard, then they would have used a template letter with variables added into it.

 

They should however be able to provide some evidence of it having been sent (either by an entry on their computer) or a copy of the template.

 

You should have received a copy.. but whether or not it is effective if you havent received it... something I cant answer.

 

What other arguments are you going to put forward ?

[missdpd]

No Default notice, no NOA, no agreement, in fact nothing received from them except a statement on Orange headed paper that does not prove to me they own the debt. I am happy to negotiate a payment with them if they can prove they own it, however, I am not paying anyone who cannot prove otherwise.

[missdpd]

What legislation can I quote with regards to the correct formation of a Default Notice? e.g. has the Default Notice been completed correctly?

[citizenB]

Default notice is covered under section 87(1)... hold on a sec and I will find a paragraph that you can use for that.

 

 

BRB

[citizenB]

What legislation can I quote with regards to the correct formation of a Default Notice? e.g. has the Default Notice been completed correctly?

 

A default notice should... contain, the Creditor's name and address, state the amount of arrears correctly, should provide for 14 clear days to remedy.

 

Posting - they must allow 2 business days for 1st class and 4 business days for 2nd class post. Business days are Monday to Friday - not including weekends and Bank Holidays. Where a Notice is posted on Friday, they must lose the Sat and Sunday and start counting the business days from the Monday unless that is a bank Holiday when they should count from the Tuesday.

 

 

Where they fail to use the statutory wording/format

 

 

The Default notice served fails to contain the statutory wording required by regulation 2 and schedule 2 Para 4 of the Regulations. For the avoidance of doubt the regulations require the wording specified by the schedule to be used without variation as laid out at Regulation 2(6) of the Regulations.

 

 

Were you ever provided with a Notice of Sums in Arrears ?

 

 

 

Notice of sums in arrears.

• Pursuant to s86 (A-C) Consumer Credit Act 1974 there is a duty to serve notice of sums in arrears. The Claimant has not served such notices nor has it pleaded such, therefore the Defendant avers that by virtue of s86D Consumer Credit Act 1974 the Claimant cannot enforce the agreement as matters stand. For the avoidance of doubt the notice referred to within this paragraph are in addition to the Default notice not in place of.
  
• Furthermore no OFT arrears sheet as required by s86©(3) Consumer Credit Act 1974 has been served.
  
• By virtue of the failures outlined in Para X & X above the Claimant is not entitled pursuant to s86D (4) Consumer Credit Act 1974 to levy any interest from the point of the failure to serve the aforesaid notice of sums in arrears nor is the Claimant entitled to levy any default charges during the period of non compliance.
  

 

If you can explain the discrepancies on your default notice, it will be easier to find information to counter