HAK V Sainsburys Bank*Court claim issued**WON**BALANCE WRITTEN OFF

[Having_A_Knightmare]

Paul

 

There is no postmark on the envolope it just says postage paid with a big S on it.

[pt2537]

when was it received then?

[Having_A_Knightmare]

Sorry about that Paul just had to nip out..

 

It came today

[pt2537]

ok well i would say that, taking the two days for postage off it would have been posted on the 27th i guess

 

so it doesnt give you 14 days to remedy the default from the date deemed served IMHO

 

so fundamentally flawed IMHO

[pt2537]

ive mailed you something which may help your cause

[pt2537]

Credit Card Number On The Default Notice Take It Down Immediatley Please

[Having_A_Knightmare]

Done......

[pt2537]

super , only noticed it by accident

[Having_A_Knightmare]

Cheers Paul i will have a good read and get a letter together.

 

There are loads of Illegal bank charges etc in this default amount so i will also be telling them this.

 

HAK

[Having_A_Knightmare]

How can they issue a default uner the CCA 1974 when an agreement has never been signed??

[pt2537]

Alrighty then

 

well firstly,

 

the default fails ot give you the prescribed period of time to remedy the default

 

secondly any charges which are penalty charges in nature are unlawful and would render the default invalid and considered to have not been served in law per woodchester and swain

[Having_A_Knightmare]

Paul have you got the woodchester and swain details so i can blind them with info

 

Cheers

 

Paul

[pt2537]

what sort of a question is that;)

 

check your inbox

[Having_A_Knightmare]

Nice One.

 

Off out shortly so have a good new year and i will speak to you Next Year!!!

 

Cheers

 

HAK

[pt2537]

youre welcome matey,

 

have a good one

 

catch you next year

[N.P]

Alrighty then

 

well firstly,

 

the default fails ot give you the prescribed period of time to remedy the default

 

secondly any charges which are penalty charges in nature are unlawful and would render the default invalid and considered to have not been served in law per woodchester and swain

 

 

Hi HAK,

 

Just subbing in on your thread with interest.

 

Paul (pt2537), I noticed in your above post that penalty charges would render a Default invalid.

 

Is this true?

 

The reason I ask is because Argos have Defaulted me, and there were charges applied to the Account before they did so. Also, they have failed to show up with an Application Form or CCA, and I have been chased from Moorcrap and now Fredrickson who have now put the Account on hold as they are unable to provide a CCA, so far.

 

I look forward to hearing from you on this.

 

Regards

 

 

N.P

[pt2537]

Hi HAK,

 

Just subbing in on your thread with interest.

 

Paul (pt2537), I noticed in your above post that penalty charges would render a Default invalid.

 

Is this true?

 

The reason I ask is because Argos have Defaulted me, and there were charges applied to the Account before they did so. Also, they have failed to show up with an Application Form or CCA, and I have been chased from Moorcrap and now Fredrickson who have now put the Account on hold as they are unable to provide a CCA, so far.

 

I look forward to hearing from you on this.

 

Regards

 

 

N.P

 

 

indirectly it is my opinion that it would based upon the ruling of Kennedy LJ,

 

The statute required a lender to set out precisely what needed to be done to put right an alleged breach, since the wording of s

88(1) required the lender to specify not only the nature of the breach but also what action was necessary to remedy the

breach. It followed that, if the figure given in the default notice was more than the sum which the giver of the notice was

entitled to demand, the notice had to be invalid. It was important to bear in mind that the statute was plainly enacted to

protect consumers. Most of those consumers were likely to be individuals, who would be at a disadvantage when contracting

with a financial organisation, especially as the contract was likely to be in standard form and relatively complex. If an

individual were said to have broken its terms they needed to know precisely what they were said to have done wrong and

what they needed to do to put matters right. The lender had the ability and the resources to give that information, and if there

was a failure to do so accurately then he could not take the next step. Moreover, a lender should be able to calculate quite

easily what sum was due, whereas an ordinary hirer might not know, although the court might overlook an error which could

be described as de minimis. In the instant case, the breach was adequately described as 'failure to pay the rentals specified on

their due dates', but it did not specify accurately what sum of money had to be paid. Accordingly, the assistant recorder had

been incorrect to hold that the default notice was not rendered defective by alleging an amount which was in excess of the

sum necessary to remedy the breach.

 

if the sum stated in the default notice includes unlawful charges, it stands to reason that the figure is incorrect and does not disclose the sum required to be paid to remedy the default

 

therefor it would render the default invalid

[Having_A_Knightmare]

Paul

 

Just one last thing.

 

If they issue the default regardless of what I say what legal action can I take if any,

 

HAK

[pt2537]

well actually they can start legal action

 

however,

 

 

it should not be able to succeed because you would simply defend and blow them out of the water

[N.P]

indirectly it is my opinion that it would based upon the ruling of Kennedy LJ,

 

 

 

if the sum stated in the default notice includes unlawful charges, it stands to reason that the figure is incorrect and does not disclose the sum required to be paid to remedy the default

 

therefor it would render the default invalid

 

 

 

Mmmm, interesting, what would you recommend to have the Default removed then? I haven`t a clue about that.

 

I`m also expecting a Default from Lloyds TSB some time in the future too, they have completely blanked my CCA request, but being morons will no doubt Default. There are also unlawfull charges applied to my Credit Card and Current Account with Lloyds.

 

Regards

 

 

N.P

 

 

P.S. Sorry to muscle in on this thread, it`s just I noticed your comments on here.

[pt2537]

Mmmm, interesting, what would you recommend to have the Default removed then? I haven`t a clue about that.

 

I`m also expecting a Default from Lloyds TSB some time in the future too, they have completely blanked my CCA request, but being morons will no doubt Default. There are also unlawfull charges applied to my Credit Card and Current Account with Lloyds.

 

Regards

 

 

N.P

 

 

P.S. Sorry to muscle in on this thread, it`s just I noticed your comments on here.

 

 

Ah now then thats an entirely different question

 

Default removal is different to an invalid default notice being rendered invalid and not allowing the claimant to demand repayments of monies

 

there seems to be some confusion as to this

[Having_A_Knightmare]

Paul

 

Do you know where it says fourteen days to include time to get to the address.

HAK

[pt2537]

HAK, ive emailed you matey

[pt2537]

its 14 days from date of service

[Having_A_Knightmare]

Cheers Paul