Post Office/Bank of Ireland. credit card - CCJ & Restriction sold to cabot - reduced settlement?

[citizenB]

Thanks CB, your advice has been invaluable. OK if i post the aq on here for comments?

 

yes please do..

[bradfordlad]

Ok - getting there with the AQ (N150) , but I have a few questions.....

 

C. Pre Action Protocols - Have I complied with relevant prea ction protocols? I don't think I've been subject to any?! If I haven't what do I say?

 

D. Witnesses - I (bradfordlad) have been sorting all this out for my good lady, who hasn't really got any idea of what I've been through for the last 6 months!! As she is the defendant, cna she call me as her only witness, and if so, as "witness to all the facts"?

 

D. Track - which track is most suitable? Given the amount of the claim (over £7k), I assume fast track would be the norm. Given that I don't think it should be in court at all (unlawful rescission), what do I put here?

 

E. Trial or final hearing - How long do I expect the trial to take? I'd hope about 5 minutes!!!! Is 1 hour reasonable?

 

H. Fee - I assume I say no or leave this blank as it's not my claim or counterclaim - correct?

 

One other question - As my defence centres wholly around the defective DN & subsequent unlawful rescission (as per my original defence filed initially), do I go over all that info again in the "other information" section? I.E. Practice Direction relating to First & Second Class postage". The reason I ask is that in my original defence, I ended with "The invalidity of the default notice means that the Claimant has no right of action in this case. On this basis, I respectfully ask the Court to strike out the Claimant's statement of case"

 

Should I repeat all this for the sake of clarity?

 

And for now, thats all I need.

 

I am working on the exact wording of my "Other Information" and "draft order for directions" as I type this and will post asap.

 

The N150 has to be at court tomorrow......

 

HOWEVER - I have one niggling thought in my mind all the time I'm doing this... the last correspondence I had from the solicitors was that they are still waiting for a response from their client (BoI) regarding my allegations about the defective DN. What I really want to say to the court is, "can't we just hang on until they come back to me with an answer?" - I know thats silly, but I suppose thats why I have to request a Stay of another month to try settle the case.

 

Could the solicitors be playing with me? Thinking that if they keep me hanging on for their reply I'll think the AQ is not necessary?

 

Can I build into the Draft Order for Directions that BoI MUST reply to me regarding the defective DN (alleged my ar*e!)?

 

Or can I simply say, "look - the DN WAS defective, this should never have got as far as Court - tell them to stop wasting the Courts time and accept they cannot enforce the debt" - in legal words of course!

 

Sorry for ranting on a bit, but I really need to get this out of my head before it bursts....

 

Thanks all.. BL

 

Hi all,

 

sorry in advance for starting a new thread, but I REALLY need some help on my thread at http://www.consumeractiongroup.co.uk/forum/legal-issues/239519-urgent-help-needed-bank-5.html#post2896442

 

The AQ (N150) has to be with the court tomorrow, and I'm really struggling to get it together.

 

Ideally I want to try get the case struck out at this stage, but don't know how and can't find any examples on CAG of what to do.

 

I'm also struggling with a wording for the "Other Information" and also the "Draft order for Directions".

 

CitizenB has been a blessing and helped me out along the way (as well as ALL the others, but it's crunch time, and no-one's online to help!!

 

Anyone mind popping over to have a look?

 

Cheers in advance

 

BL

Edited April 25, 2010 by bradfordlad

[citizenB]

Ok - getting there with the AQ (N150) , but I have a few questions.....

 

C. Pre Action Protocols - Have I complied with relevant prea ction protocols? I don't think I've been subject to any?! If I haven't what do I say?

 

I would tick yes. But here is a link to the pre action protocol CPR.. so you can check to see. PRACTICE DIRECTION – PROTOCOLS - Ministry of Justice

 

D. Witnesses - I (bradfordlad) have been sorting all this out for my good lady, who hasn't really got any idea of what I've been through for the last 6 months!! As she is the defendant, cna she call me as her only witness, and if so, as "witness to all the facts"?

 

Yes, you can put yourself down as a witness to all the facts.

 

D. Track - which track is most suitable? Given the amount of the claim (over £7k), I assume fast track would be the norm. Given that I don't think it should be in court at all (unlawful rescission), what do I put here?

 

I think this is automatically fast track so yes, tick fast track. If the Judge considers it necessary to change the track you will be notified.

 

E. Trial or final hearing - How long do I expect the trial to take? I'd hope about 5 minutes!!!! Is 1 hour reasonable?

 

1- 3 hours is the norm

 

H. Fee - I assume I say no or leave this blank as it's not my claim or counterclaim - correct?

 

You dont have to pay any fee, it is for the claimant.

 

One other question - As my defence centres wholly around the defective DN & subsequent unlawful rescission (as per my original defence filed initially), do I go over all that info again in the "other information" section? I.E. Practice Direction relating to First & Second Class postage". The reason I ask is that in my original defence, I ended with "The invalidity of the default notice means that the Claimant has no right of action in this case. On this basis, I respectfully ask the Court to strike out the Claimant's statement of case"

 

Should I repeat all this for the sake of clarity?

 

And for now, thats all I need.

 

I am working on the exact wording of my "Other Information" and "draft order for directions" as I type this and will post asap.

 

The N150 has to be at court tomorrow......

 

HOWEVER - I have one niggling thought in my mind all the time I'm doing this... the last correspondence I had from the solicitors was that they are still waiting for a response from their client (BoI) regarding my allegations about the defective DN. What I really want to say to the court is, "can't we just hang on until they come back to me with an answer?" - I know thats silly, but I suppose thats why I have to request a Stay of another month to try settle the case.

 

lol, that would be nice, but I cant see the Judge allowing you just to "hang on" If they dont have the information for the court then game over.

 

Could the solicitors be playing with me? Thinking that if they keep me hanging on for their reply I'll think the AQ is not necessary?

 

Not unheard of

 

Can I build into the Draft Order for Directions that BoI MUST reply to me regarding the defective DN (alleged my ar*e!)?

 

Yes - the Default notice is an integral part of your case and if it is defective then they have no case.

 

Or can I simply say, "look - the DN WAS defective, this should never have got as far as Court - tell them to stop wasting the Courts time and accept they cannot enforce the debt" - in legal words of course!

 

Sorry for ranting on a bit, but I really need to get this out of my head before it bursts....

 

Thanks all.. BL

 

 

HTH

[bradfordlad]

Ah CB - you're here!! Like a knight on a white charger!!! The link to the CPR was just what I needed!

 

The bit I'm REALLY stuck with now is the wording for the Draft Order for Directions. What I want to say is this:

 

Pursuant to Part 3.4 of the Civil Procedure Rules - 3.4(2)(a), the Court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing...the claim

 

And also:

 

Practice Direction 3A - Striking Out A Statement Of Case

 

(1.7) - A party may believe he can show without a trial that an opponent’s case has no real prospect of success on the facts, or that the case is bound to succeed or fail, as the case may be, because of a point of law (including the construction of a document). In such a case the party concerned may make an application under rule 3.4 or Part 24 (or both) as he thinks appropriate.

 

Under Part 24 Civil Procedure Rules -

24.2 The court may give summary judgment against a claimant....on the whole of a claim or on a particular issue if –(a) it considers that –

(i) that claimant has no real prospect of succeeding on the claim or issue"

 

 

AND THATS WHERE I'M STUCK!!!

 

I don't know how to word it in Legalese - could anyone help me out?

 

 

Also not sure on the definition of a "statement of case". Is that the whole claim or just a part of it (and which part?!!)

[citizenB]

Ummm, you've lost me. A statement of case is the actual claim isnt it ?

[bradfordlad]

I thought it was, but at 1am last night I think I'd had enough!!

 

So - one final question, and I think I'm there.

 

In Section I - Additional Information, am I ok to effectively re-present my defence, that is - the whole "This Default Notice is defective, Woodchester etc etc..." and then offer a 1 line Draft Order for Directions, "that the case be struck out as the Defendant has no case to answer".

 

Thanks again, and sorry for the confusion....

[citizenB]

Yes, that sounds about right.

[bradfordlad]

OK - Here is my "Other Information" submission to be attached the AQ. I will post the Draft Order for Directions in a second.....

 

Be gentle with me!

 

In the xxxxx County Court

 

Claim number xxxxx

Date: 26th April 2010

 

 

 

 

 

Between

 

xxxxx- Claimant

 

and

 

 

 

xxxxx – Defendant

Allocation Questionnaire Section I: Other Information

 

 

If the Court is in agreement, the Defendant respectfully requests that special directions may be given as per the attached draft order.

 

The Defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them.

The Defendant believes the claim should not have been brought, for the reasons specified herin:

1. The Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default Notice before they can demand early payment of sums not yet due under a Regulated Credit Agreement.

 

 

2. Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

 

3. Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

4. The default notice supplied by the Claimant is dated 28 October 2009 and says

"this breach is capable of remedy if you make payment of at least £xxxx by

16/11/2009".

 

Further to point 3.2 above, that means that a default notice posted by

2nd Class mail on Wednesday 28 October would be deemed served on Tuesday 3rd

November. 14 clear days from that date is Tuesday 17th November.

 

Therefore the Default Notice does not comply with the regulations in respect of giving the Defendant the statutory length of time to remedy the default.

 

5. I note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

 

 

6. The failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

 

 

7. It is submitted that the above Default Notice served under s87(1) Consumer Credit Act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

 

 

8. For a Creditor to be entitled to terminate a regulated Credit Agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the Agreement, a creditor must serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 which states:

 

Section 87. Need for Default Notice

 

(1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement -

 

(a) to terminate the Agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

 

9. The Act also sets out via Section 88(1), that the Default Notice must be in the prescribed form, as below:

 

Section 88. Contents and effect of Default Notice

 

(1) The Default Notice must be in the prescribed form…

 

 

10. The wording must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue.

 

 

11. I note that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in, or served in accordance with the regulations the Default Notice is rendered invalid as a consequence.

 

 

12. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the Court addressed in some detail the issue of the contents of a Default Notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the Default Notice invalid. I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears to confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the Claimant to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) could unduly prejudice me as it failed to allow the required time to remedy the alleged default.

 

 

13. The Claimant’s failure to issue a valid Default Notice must surely prevent a right of action and would make any termination of the Agreement unlawful, as statute provides the procedure that must be followed. Since the Claimant has failed to adhere to statutory procedure it is averred that the Claimant does not have a right of action, and can never now have a right of action having terminated the Agreement unlawfully.

 

 

14. This is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87.

 

Conclusion

It is respectfully requested this case be struck out in accordance with CPR Part 3.4 (2)(a) –

Power to Strike Out A Statement Of Case

3.4 (2) The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim

The Defendant believes that given the invalid nature of the Default Notice and subsequent unlawful Termination of the account, there should in fact be no case to answer. This has been the Defendants position since the unlawful rescission took place back in November 2009, yet the Claimant has continued to ignore any correspondence relating to it, instead choosing to continue with the Claim – I would respectfully suggest that the claim could also be struck out in accordance with CPR Part 3.4 (2)(b) -

Power to Strike Out A Statement Of Case

3.4 (2) The court may strike out a statement of case if it appears to the court –

(b) that the statement of case is an abuse of the court’s process or is otherwise likely

to obstruct the just disposal of the proceedings

 

 

 

Statement of Truth

I, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, believe that the facts in this Allocation Questionnaire are true.

 

Signed

 

Date 26th April 2010

 

 

 

Here is my Draft Order for Directions - nice & simple this one!

 

In the xxxxx County Court

Claim number: xxxxx

 

Date: 26th April 2010

 

 

 

 

 

Between

xxxxx - Claimant

 

 

and

 

 

xxxxxxx- Defendant

 

 

 

 

Draft Order for Directions

 

1. That the claim be struck out pursuant to CPR 3.4.2 (a) and that either Litigant in Person costs or costs awarded on an indemnity basis are considered

 

 

[MARTIN3030]

Yes looks fine.

[bradfordlad]

Thanks for looking in Martin - AQ, Other Info & Draft Directions delivered to Court at 3.30 before it shut at 4pm!

 

I asked the lady at the desk what happens next, and she said if the claimant doesn't get there AQ back today, then they will either be granted an extension (which doesn't seem fair - whats the point of setting a deadline?) or the claim will be struck out.

 

Is it worth me ringing the court in a couple of days to see what the state of play is?

 

Thanks to everyone by the way for their input so far - I might be able to sleep tonight now!

 

So - solicitors haven't got their AQ back in time.

 

I rang the court this afternoon, and apparently although there is a deadline, there's also an additional 7 days grace so I have to ring next week.

 

Whats the deal with the legal system in this country?

 

If I'd not defended the original claim, sent in my defence or my AQ on time I'd have ended up with a CCJ by default.

 

The solicitors can start proceedings, but then not reply to my letters, ignore court deadlines yet they get an "extra" 7 days. A deadline should be just that. If they started it, then they should be extra vigilant to ensure they see things through - UNLESS of course they've realised that BoI have made a b*lls of the Default Notice so they're now trying to come up with a way out....

 

Maybe wishful thinking...!

 

OK - you can come out from under the bed...rant over!

 

Update!

 

Copy of their AQ arrived this morning, with their draft order for directions and "other information" pages...

 

They've also asked for a stay to try resolve the matter...

 

Now, they've either not understood my defence or chosen to mis-interpret it, but in my original defence, I put them to strict proof that the DN was posted first class - the only way it could have been valid given the dates.

 

They have stated that I put them to strict proof that the DN gave us the required 14 days - and they've "proven" this by stating the dates posted, which means the date of service was xxx.

 

How can I get them to PROVE that it was posted first class? I'm guessing they can't and thats why they twisted it a bit, but does anyone have any ideas?

 

There is also another, potentially much moer serious issue with their documents, but I don't want to say any more until I've had some very specific advice......

[DonkeyB]

Hmmm... that's not proof! By stating the date posted without proof it can ONLY be assumed (a) not sooner than the date on the notice and (b) as second class post which, I imagine, falls right into your lap...

[bradfordlad]

Couldn't have put it better myself!

 

If the court grants the stay, do I then enter into correspondence with them again, to the effect of, "prove it was sent first class, otherwise I'm more than happy for it to go to court" - effectively call their bluff?

[citizenB]

It is more than likely that the court will permit the stay in that they like parties to sort things out if they can before court.

 

As it is the Claimant asking for the stay it is for them to contact you with any suggestions on how to avoid the hearing. Once they have written to you, you can make up your mind from there.

 

As for the type of postal service they used. I think the regulations say that unless proof is produced to confirm 1st class, then it will be assumed 2nd class has been used.

[bradfordlad]

Thanks CB - Vint has replied about the "other issue" by PM, so thanks for your help - he did confirm what we suspected - the've screwed up bigtime!! Both parties have requested a stay, so should be ok with that.

 

Next question - In the covering letter with the copy AQ they sent me, they state, " As we look to explore the possibilities of resolving the matter, please identify which allegations in your Defence are outstanding".

 

The allegations in my defence were:

1. No reply to CPR requesting copy of CCA

2. Defective DN due to postal dates

3. Unlawful rescission of Agreement

 

They've sent me a copy of the CCA (which as it was an online application in 2008 I couldn't imagine there'd be problems)

 

As I mentioned earlier, I put them to strict proof of postage - ie if they can't prove it was sent 1st class then it was sent 2nd class. In their AQ

they state: The defendant puts the claimant to strict proof that they were given the requisite period of 14 days after service of the Stat. default notice to remedy the default, as alleged. The notice was dated 28th October. The deemed date of service was 2nd Nov. The CCA s.88(2) requires the Claimant to give the Defendant 14 days to remedy. The notice invited the defendant to remedy the default by 16th Nov - 14 days after the deemed date of service." Having re-read my defence, I put them to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach, so I guess I didn't put them to strict proof that it was posted first class. Doh! Missed that, can I put them to proof now?

 

One other thing - in their AQ, they've asked for the claim to be allocated to small claims track "due to the likely lack of complexity in the facts law or evidence, under CPR 26.8(1)(a)". Is there any benefit to me by them asking this?

 

Thanks all for your continued support & help (I'm a Yorkshireman - we don't do that emotional nonsense!)

 

BL

 

One last thing - any ideas on how I should respond to the solicitors asking my to identify which allegations in my defence are outstanding?

 

cheers

[DonkeyB]

Small claims means limited disclosure from them. Fast track means you can get them to produce all the documents they intend to rely on and you can go digging. However, with fast track, if you lose, your exposure to costs could be much greater.

 

It's up to you. I think if you ask for fast track - given the case is defendable - I'm sure it would be allocated (if the claim is over £5k). In stating the issues are simple, they are correct - but they are implying that their win is a formality. Don't fall for that one!

 

The facts are simple - non-compliant DN. End of.

[bradfordlad]

Again - got it in one!

 

I did request fast-track on my AQ, so hopefully that will be sufficient.

 

On a seperate note, anyone ever come across a lender producing a "copy" DN that had the wrong name & account number on? I'll start a new thread but for now a quick idea of the consequences would be good

[vint1954]

Just a point on your defence, if the DN was dated 28th October, second class, deemed service will be 3rd November with rectification date as 17th November. Your statement in the defence reads as though you had 14 days.

 

Second on the DN is the amount due for rectification. If it is just the arrears, then that is OK, but if they have demanded the full ballance then they have again failed. If the amount is overstated. this is also a problem for them. I recall reading that 35% error over the true arrears was indeed too much.

 

You may also wish to add the statement, delivered second class, and let them prove otherwise.

[bradfordlad]

Hi vint - I think its too late now. Defence went in a few weeks ago, and I covered most of the points again when I sent in my AQ on Monday.

 

The dates in my post #113 were taken from the AQ sent by the banks solicitors - so that is their interpretation of events.

 

What I'm worried about is that I haven't specifically asked them to prove it was posted first class.

 

If we are granted the stay, I guess I could ask them as part of the negotiations to prove it was sent 1st class - We'd rather not go to court, but I suspect they won't just roll over of their own accord either, so will have to see.

 

I want to show them that I have the case all wrapped up, and am happy to play their game if they wish but I'll be applying for costs too - and I am VERY expensive!

[vint1954]

You now have a situation, where they have submitted a materially altered and faulty DN.

 

You may want to invite them to discuss with their client, the accuracy and the merits of submitting and using this document in evidence.

 

You are then alerting them to the a problem with the DN, but not advising them of the actual issue.

 

They have not checked the evidence that they have sent out. That will be serious for them as they now have it submitted to the court as evidence.

 

Others may want to comment here.

[DonkeyB]

Totally agree Vint - going on the offensive can be a good tactic.

[vint1954]

Totally agree Vint - going on the offensive can be a good tactic.

As you say DB. If it gets to a courtroom, you can at least point out that you had alerted the other side to the faulty nature of their DN. Why have they proceeded anyway, in the face of such a warning.

[citizenB]

I would agree with vint:D

[vint1954]

I would agree with vint:D

Whato old thing. Good to see you still around. I assume that the Sonatogen is doing it's Job:D

[bradfordlad]

Hey all,

 

How does this sound for my next letter:

 

Dear Sirs,

 

Thank you for forwarding on a copy of your Allocation Questionnaire (AQ) along with copies of the documents you have sent the Court for use as evidence of your clients claim.

 

In your letter you also asked me to identify any issues from my defence which are still outstanding.

 

The only issue still outstanding is the fact that the Default Notice issued by your clients was defective.

 

I originally put your client to strict proof that the Default Notice gave me the statutory 14 days to remedy the breach – you have addressed this in your AQ by stating that the deemed date of service was Monday 2ndrd November. You have not however provided evidence that the document was posted using First Class mail – where such evidence is not provided, it is taken that Second Class postage is used, and in that case the deemed date of service was Tuesday 3 November.

I’m sure you can calculate that in fact I was then only given 13 days to remedy.

 

I have now had the opportunity to study the documents you have submitted as evidence.

 

I would suggest that you have an urgent discussion with your client about the decision to submit inaccurate, materially altered documents as evidence.

 

If you persist with this claim, I will have no alternative but to advise the Court that I have pointed out on several occasions the defective nature of your clients “Default Notice”, yet you have chosen to ignore the facts.

 

For the benefit of clarity, I will spell out AGAIN the facts.

 

· Your client issued a Default Notice dated Wednesday 28th October 2010. Given the FOUR working days allowed for Second Class postage, the deemed date of service was Tuesday 3rd November. The Notice “expired” on Monday 16th November – therefore giving me only 13 days to remedy the breach. This rendered the Default Notice invalid.

· I then received a letter from your client dated 18th November stating that the account had been terminated and the full balance was now payable. On 24th November, I wrote to your client accepting their unlawful rescission of the Agreement, and informing them that I would now be making payments to the arrears that were outstanding at the time the invalid Notice was issued.

 

I am prepared to give your client one final opportunity to contact me directly with an apology for the distress and inconvenience their actions have caused me & my family, along with a statement showing how much of the arrears is still outstanding. You could also suggest to them that as the amount of my counterclaim is likely to be of a similar amount, in which case they could consider simply closing their file.

 

If they are not prepared to do as I suggest, then given your/their most recent action I am more than happy to allow the Court to judge on their actions – I will also be issuing a counterclaim for damages, ref (Kpohraror v Woolwich Building Society [1996] 4 All ER 119).

 

Too "final"? Or just wrong?!!!

 

Discuss.....!

 

Cheers

 

BL

Edited May 4, 2010 by bradfordlad
spaces!

[bradfordlad]

Just bumping this up - any thoughts on my proposed letter as I need to get it out asap.

 

Cheers

 

BL