Court Directions and Default Notice - AK & old EGG debt

[AndyOrch]

Hi responding to Fords PM.

 

What am I looking at ?

 

Regards

 

Andy

[Guest]

cheers

#15, 29 and on.

seems claim was dismissed, re no dn, they have now come back with a new dn now re the full amount. but no new claim yet. poss abuse/estoppel issues. also what to do re this new dn?

elrib, can you clarify.

[AndyOrch]

Well ignore it ...the account must be terminated having been dismissed from the initial claim...you cant issue a DN on a terminated account.If they issue a further claim then you plead that verbatim.

 

Regards

 

Andy

[elrib]

hi andyorch

 

The agreement was terminated in writing from Egg.

 

 

then two court cases where the DCA also stated it had been terminated,

 

 

one concern is that they will report me to the CRA again for the same debt,

 

 

the old one is off now as its gone past 6 years.

 

 

if they did that it could be a night mare to get it removed I think.

 

Just wondering whether to write to them and tell that they can not default me for same debt twice or wait and counter claim.

Thanks all.

[Bazooka Boo]

They can't reapply a default marker once it has been removed, if they do then it will be cause for suing them for defamation.

[elrib]

Hi all

 

Thanks for the info so far.

I am now thinking on sending a letter to DCA and would appreciate an input in what best to put in the reply letter to the default notice.

[AndyOrch]

I personally wouldn't get into letter tennis elrib..serves no purpose..let them issue it and any further claim..then you can attack.

 

Andy

[elrib]

thanks andyorch,

 

I was standing on the line of which way to go. and you are right going to sit back and see what they do next, I will post up when ever I hear from them,

Thanks you and others for their input.

[elrib]

Hi All

 

Update. received letter from Chivers Easton who act for Aktiv,

ie bases of letter is that a Default notice was served on me

and I have 14 days to settle account or proceedings will be issued without further notice.

 

I am thinking of replying but not sure how much detail I should go into with regards to the default notice

and what I would defend this on.

 

Any ideas would be gratefully appreciated.

Thanks all

[Old Cogger]

and he will issue N1 so sort something out soonest

 

take it was from Duncan Brown? watch him he is an old hand at this!

[elrib]

hi mike

 

yes it was brown,

I was going to reply and let them know that this default notice is invalid

as it was on an account that had been terminated

and been through two court cases already.

 

e

[Old Cogger]

update Andy if I were you!

[elrib]

how do I update Andy,

[Guest]

how do I update Andy,

 

 

he's on yr thread, so he'll know of latest posts, and will prob post up when online.

[AndyOrch]

See post #107

 

Andy

[elrib]

thanks Andy

 

I will wait and see if they start proceedings

E