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Asset - lending stream - failed to exchange witness statements

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hi,

 

could somebody explain the purpose of a termination notice?

 

i have been served a termination notice 14 days after being served a default notice which i believe to be correct.

 

however i have been served another default notice which is dated the same day as the termination notice.

 

also i am still receiving threats of fees and charges and am wondering the point of the termination notice.


regards

hunterandthehunted

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Yes that is correct default and termination are not the same, a default means that the total balance of an account can be demanded immediately from the debtor and give a time scale for the debtor to remedy the default thus avoiding a default on the account and an default entry on credit files.

 

Termination Notice is to inform you that the account will be closed totally on a specific date and no further transactions can take place upon it.

 

Can you advise us of the name of the creditor and give some history of the account.


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yes it is lending stream.

 

i have not paid because of job loss due to illness.

 

i was served (by e-mail) a default notice on 5/9/2013 and was given to the 21/9/2013 to remedy the breach.

 

i was served (by e-mail) a termination notice on 22/9/2013 and here is an excerpt from the letter:-

 

We refer to the Default Notice which we issued on 04-Sep-2013 in connection with the above Agreement.

 

We note that the period during which you could remedy the Default has

expired on 21-Sep-2013, and that we still have not received the Outstanding Payments in arrears.

 

In the circumstances, we hereby give you formal notice of our intention to terminate the Agreement on the 21-Sep-2013 and to demand payment of the Total Outstanding

Payments under the Agreement to be debited from Your Debit Card.

 

i was served (by e-mail) a default sums notice on 22/9/2013 which states termination fees so the account has been terminated.

 

here is an excerpt from the latest e-mail received on the 24/9/2013

 

On 27/09/2013 we will once again attempt to debit the outstanding due amount from your debit card as per the agreed terms mentioned in the agreement. Please ensure sufficient funds are available in your account by this date to avoid incurring any late fees.

 

To avoid being charged fees, you will need to take action to bring your account up to date. Please login to your account by clicking here or pasting the below link to your browser.


regards

hunterandthehunted

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Consider closing down the DD or the account with the DD as soon as possible otherwise you may end up with bank fees.

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It looks to me like two departments at cross purposes I would ignore the last e-mail.


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Would a properly set out DN be classed as ok if served by email? As far as I know they should be served by post. If this is allowed could the next step be SD's being served by email. What would happen if your ISP picked this up as junk and you never received it. I use Windows lie mail and some of my talktalk email never even gets through to my PC


Any opinion I give is from personal experience .

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hi experts,

 

asset have failed to exchange witness statements. would it be better to turn up at court

on the day and respectfully request a strike out or apply to the court in advance.

 

From what i have read on the forum they don't even bother to turn up at court but am

worried as they have my witness statement and are obviously at a considerable advantage.

 

i haven't rang the court as yet, as again, reading on the forum i suspect that they will be allowed

several days grace to submit theirs which also seems very unfair.:???:


regards

hunterandthehunted

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How late are they?


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How late are they?

 

Hi DX,

 

just 2 days at the minute


regards

hunterandthehunted

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I'd let it run

They dont turn up anyway

Could we see your def + ws and their poc too please?

 

Ive merged an old thread with a bit of history too


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witness statement has just turned up 4 days before court with a copy of the agreement and default notice.

my only hope is that they don't have the originals which is one of the judges directions, but in all honesty

i think its all over.


regards

hunterandthehunted

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too late to be considered by you..

 

scan it up to ONE multipage PDF please

read upload

 

dx


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and all in post 10 we've asked for please

 

help us to help you eh?


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Struggling with uploading images...

 

Nearly done...

 

well i don't think i have done it correctly but have managed it none the less

 

defence, witness statement, cca agreement cca1 - cca7 and default notice 1 - 2

 

think i have done it...


regards

hunterandthehunted

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Yes you have

Lost it in tidying

Please upload it again

 

With what theyve sent today in their ws as a sep multipage pdf too

 

Ta

 

Dx


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trying to get through to the court to find out when they received the claimants WS and

whether they have applied to have the case dealt with in their absence.


regards

hunterandthehunted

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Claimant must serve notice if they do not wish to attend.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9


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Claimant must serve notice if they do not wish to attend.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

if they do not attend, could i request that the claim be struck out on those grounds along with not complying with the court order to disclose documents 14 days before the hearing.... i think its all i have left.

 

i need to get something sorted as the claimant has left me very little time


regards

hunterandthehunted

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No.....as they have disclosed...albeit late.


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No.....as they have disclosed...albeit late.

 

a complete farce then!!! they have disclosed 5 days before the hearing and also included cca and default notice

yet have had 7 months to answer my cca and 31:14 request yet ignored them

 

i feel i am going to lose this case as my defence was based on no cca and default notice so i think i should

prepare for what happens next

 

my obvious question is will the courts make me pay what i cannot afford as i am retired due to ill health

and am on benefits and cannot afford anything.


regards

hunterandthehunted

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Disclosure is normally 14 days before the hearing..so 9 days late.

 

CPR requests are a civil request...they are not compelled to respond.

CCA request simply tests the water once a claim has been issued...but if they disclose it within their witness statement....very little you can do unless its deficient of a prescribed term and invalid.

 

The holding defence you submitted simply puts them on notice/ proof to disclose...its not based on anything in particular...thats for your witness statement..

 

If you lose and they request forthwith judgment you can make application to vary to monthly payment suited to your I&E.

 

 

Andy


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what date was the DN and what date was the remedy due by?

you've hidden the details


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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yes i understand disclosure was ordered to be disclosed 14 days before the hearing hence my moaning... its 9 days late and it doesn't matter???

 

they have disclosed the CCA and DN in the bundle (who knows whether they are real or have just been drafted up)

 

the judge ordered that the originals be presented at the hearing but i suspect that that doesn't matter either.

 

at the very least i should be entitled to an adjournment to seek further advice as my defence is a joke now they have disclosed the relevant documents with 5 days to hearing


regards

hunterandthehunted

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