Court Directions and Default Notice - AK & old EGG debt

[steampowered]

We are going to need a lot more information. Obtaining a "set aside" just means that the debt is disputed and thus a SD cannot be used until the court has adjudicated on the debt, it is not a final decision on whether the debt is due and does not stop them from bringing proceedings to recover it.

[elrib]

Hi All

 

Due in court soon, Have couple of question if anyone can help.

 

1, Had order from court for direction, first one was for document list which had to be presented to claimant by 28th July, and to myself from them. which I did, But the claimant did not keep to the date and I received their list 12 days later and it was dated 10 days after as well, I did in the mean time write to the court who said I would have to fill in a 244 form, But now that the list has been sent is there any point in this or anything I could do at court.

 

2, I never received a default notice. and have asked for this a few times so I could check it conforms to the legal requirements, It now appears that they do not have one and are saying that by sending a Template of what one would have look like, that this would be good enough for them to confirm I had one as the banks have to follow strict rules and don,t make mistakes,

Is there a regulation on default notice or case study, and can they get away with this.

 

thanks

Elrib

[AndyOrch]

Hi Elrib

 

Point 1 yes you should have made application and requested the court impose sanctions for failing to follow the directions CPR.3.Sooo the court are still aware as you advised but you did miss an opportunity to strike out.

As this impacted on anything further within the directions....Witness Statement prep etc?

 

Point 2 Creditors are not required to archive hard copy DNs as long as they can verify from their internal systems that one was sent and what date any breach occurred.A reconstituted version will suffice in most cases....however this must be accurate on data and service time.

 

Not knowing what type of account is involved in your case its important to understand that a DN is not issued for a current account but a recall termination noticed served under sections 76 (1) and 98 (1) of the CCA1974.

 

Regards

 

Andy

[elrib]

thanks andyorch

 

I only got reply back from court ref n244 day before letter from DCA. so I will bring it up in the court.

 

As for the DN they have confirmed that they do not have one, But say that a template with no info on like dates, names etc, would do to show the court what one would have look like, This is for a credit card.

 

E

[elrib]

Hi

 

does anyone know if, a right to cancel is a PT on a credit card agreement,

 

E

[elrib]

Hi

 

Has anyone any info on whether if no default notice was sent, then agreement terminated, then sold on, can the new owner then send a new one.

 

thanks

[BRIGADIER2JCS]

No if the account was defaulted by the original creditor then the debt cannot be defaulted again.

 

Explain a little more please there may be more relevant advice

[elrib]

Thanks for your reply Brigadier

 

I understand that they can,t default me again,

 

But the issue is that no default notice was ever sent,

 

They took it to court on a statuary demand which was set aside due to no Default notice,

 

since then they have informed me that they will just issue another Default notice which would allow them to take me back to court.

[BRIGADIER2JCS]

They are correct in what they say I'm afraid, it is allowable.

[elrib]

ok would this have to come from the original lender who terminated the agreement prior to selling on.

 

or from the DCA which bought it.

 

this goes back to 2005 so there is not alot of info like what the arrears were at the time the default was put on.

[Bazooka Boo]

Once an agreement has been terminated, then it no longer exists, so the adding of interest/fees/charges to it are unfair, how can they add interest to an agreement that doesn't exist?

[elrib]

If the agreement has been terminated, Can they then issue a default notice on to a agreement that no longer exist.

[dx100uk]

tell us the story of the debt please

 

 

and name names

 

 

dx

[dx100uk]

is this your link debt

or the egg one please

 

 

try not to KEEP

 

 

making new threads when you have one already running for the debt.

 

 

I've just merged 32 threads on two debts you have.

 

 

dx

[BRIGADIER2JCS]

Courts are know to allow a complaint DN to be issued even when action has been started.

[elrib]

Sorry for that will try and keep things in order.

 

This is an old Egg agreement back to 2005 for approx 5.5K.

 

Default put I my credit file in 2006 and agreement terminated,

 

I was not aware of this at the time as I was still sending and receiving letters from Egg who said they were looking into my complaint.

 

After a few other DCA and more letters Aktiv then appeared and said that they have now purchased the debt.

 

So again started all letters again.

 

Then late in 2012 they took me to court for a Statuary Demand which was set aside and

they went off in a huff leaving me with their bill for cost of 2K which they could,t have..

My Defense was Agreement did not conform and no DN sent.

 

Then more letters sent back and forward, and then they took me back to court again.

 

This time they came with barrister and witnesses so they meant business.

 

my defense was the same as before Non conforming Agreement which Judge did not accept,

and No DN sent or received which the Judge did Accept and Dismissed Aktiv Claim.

 

off they went again leaving me again with their Bill for costs at 5K this time which they could,t have. and went off in a bigger Huff.

 

I am sure that they will not leave it there, and they said that they will look to send DN and will take me back to court.

 

The Judge was not sure if they could or could do that, with out looking at what the law say.

 

That,s where I am and now looking to find info on what they can do when agreement has been terminated

with regard to sending out new DN as they are not the original lender.

 

E.

[BRIGADIER2JCS]

A court can allow this!

[AndyOrch]

Was the claim struck out elrib...how did the Judge resolve the matter?

 

Regards

 

Andy

[elrib]

He was satisfied that no DN had been sent or received by me and that the agreement was terminated unlawfully, and Dismissed Aktiv case.

[AndyOrch]

Dismissed ? did you recieve any final General Order N24 does it state dismissed or struck out? There is a world of difference for the advice I would offer subject to how it was concluded.

[elrib]

I have not had the info from the Court yet, but he did say Dismissed the claim, and not struck out.

[AndyOrch]

Well to be honest I wouldn't worry until they (if) issue a further claim.

[elrib]

Hi

 

I now have the N24 and it state.

 

The claim to be dismissed.

 

E

[Andybars]

If the original claim was dismissed - then my understanding is that any further action would be a fresh claim commenced at the date of issue.

 

When was the last payment / acknowledgement of liability on the account.

 

Is it potentially more than 6 years ago ?

[elrib]

It was terminated in 2006 ,

but not sure if I made any token payments after that I will have to check to see if I did.

 

But I guess a token payment would be acknowledgement of the debt.

 

E