Search
Latest topics
» The infamous DP continusby urchinatheart Yesterday at 3:01 pm
» Call to the DVLA
by urchinatheart Yesterday at 2:36 pm
» BEWARE OF TSB BANK
by daveiron Sun Mar 17, 2024 6:53 am
» SAR dispute
by RaspberryBlu Sat Mar 16, 2024 7:18 pm
» Help / Advice needed on ongoing neighbour harassment
by memegirl777 Sat Mar 16, 2024 5:51 pm
» United Kingdom? Really?
by assassin Sat Mar 16, 2024 4:17 pm
» DWP and HMRC alleged debts
by assassin Wed Mar 13, 2024 7:20 pm
» Serial Posty been awarded £10'000 for a fake bite
by memegirl777 Wed Mar 13, 2024 3:05 pm
» HSBC advice please.
by Trishiapp28 Wed Mar 13, 2024 7:36 am
» He is going to save us again
by flyingfish Sun Mar 10, 2024 12:00 pm
» Government fraud
by midnight Sun Mar 10, 2024 7:01 am
» THIS IS THE ONE ?
by daveiron Sun Mar 10, 2024 3:45 am
» how to remove a shareholder?
by scrwm Fri Mar 08, 2024 12:06 pm
» I DO NOT CONSENT [62%] - ReformUK got 5% of the electorate. Labour 17%
by badvoc Thu Mar 07, 2024 12:25 pm
» What can ai do about Santander
by Godfastro Thu Mar 07, 2024 11:47 am
» Useful videos Council Tax
by daveiron Tue Mar 05, 2024 10:05 pm
» broadcaster vs me
by scrwm Tue Mar 05, 2024 4:37 pm
» The new GOODF process works
by urchinatheart Tue Mar 05, 2024 10:45 am
» Worth a watch
by LionsShare Tue Mar 05, 2024 9:11 am
» Farmers IsThis What's Needed?
by LionsShare Mon Mar 04, 2024 8:46 pm
» Debt Bomb 11
by Biggiebest Sun Mar 03, 2024 10:05 pm
» accepted dca alleged debt
by Mrblue2015 Sun Mar 03, 2024 5:09 pm
» DVLA
by daveiron Fri Mar 01, 2024 9:20 pm
» Solicitors contacted me via e-mail asking for money.
by Kaddabriol Thu Feb 29, 2024 2:12 pm
» Claiming again
by LionsShare Thu Feb 29, 2024 11:07 am
» Useful Utility Vids
by LionsShare Wed Feb 28, 2024 1:59 pm
» what the bank of england runs the country?
by LionsShare Mon Feb 26, 2024 3:54 pm
» know who you are volume ??
by LionsShare Mon Feb 26, 2024 12:19 pm
» New Member
by daveiron Mon Feb 26, 2024 11:55 am
» Learning New Skills _Pt 2 Buying Tools
by assassin Mon Feb 26, 2024 4:35 am
» Learning New Skills _Pt 2 Buying Tools
by assassin Mon Feb 26, 2024 4:33 am
» Learning new Skills Part 1
by assassin Mon Feb 26, 2024 4:27 am
» General Equity?
by LionsShare Tue Feb 20, 2024 7:03 pm
» Visit by appointment notice
by Moonbabymum Tue Feb 20, 2024 4:37 pm
» Discussion on Info'd Vids
by LionsShare Tue Feb 13, 2024 11:52 am
» debts loans mortgages etc (tear off slips?)
by LionsShare Mon Feb 12, 2024 3:54 pm
» Quick one
by Lopsum Sun Feb 11, 2024 6:03 pm
» debt settlement payoff
by daveiron Sat Feb 10, 2024 10:58 pm
» Council tax and summons for arrest
by LionsShare Fri Feb 09, 2024 2:17 pm
» Council Tax (getting answers)
by LionsShare Fri Feb 09, 2024 12:57 pm
» council tax 1st of april
by daveiron Sun Feb 04, 2024 9:46 pm
» DSAR
by daveiron Sun Feb 04, 2024 9:28 pm
» Warning about a previous post
by Mrblue2015 Sat Feb 03, 2024 5:10 pm
» Please leave a comment on this site
by daveiron Fri Feb 02, 2024 10:01 pm
» Lithiun Battery Dangers
by badvoc Fri Feb 02, 2024 1:52 pm
» its a trap
by LionsShare Thu Feb 01, 2024 9:49 am
» Car In Trust
by LionsShare Tue Jan 30, 2024 3:05 pm
» Honest Nottingham Po-lice
by assassin Sat Jan 27, 2024 4:11 am
» Why you rebut a complaint
by assassin Sat Jan 27, 2024 4:05 am
» Village Winter
by assassin Sat Jan 27, 2024 4:03 am
» Sand Batteries
by assassin Tue Jan 23, 2024 5:45 pm
» Hoist Portfolio Holding Limited
by Indebttoo Mon Jan 22, 2024 11:03 pm
» Occupier
by assassin Sun Jan 21, 2024 5:27 pm
» Electric Vehicles
by assassin Sun Jan 21, 2024 4:54 pm
» *** URGENT *** PLEASE HELP
by daveiron Fri Jan 19, 2024 10:02 pm
Moon phases
truly reconstituted copy of the Default Notice ??
4 posters
Page 1 of 1
truly reconstituted copy of the Default Notice ??
Good evening members
I am helping a friend who is being taken to court for an alledged debt of under £2,000.00
All the usual CCA/CPR request etc have been have been undertaken.
Yesterday a letter arived from their solicitor containing the following:
I, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx say as follows:
1. I make this statement as a supplement to my first Witness Statement dated xx xxxxxx 2018.
2. The content of my first Witness Statement is herein repeated, definitions therein are herein adopted and the Court's particular attention is directed to paragraph xx regarding service of a Default Notice on the Defendant by the Assignor. The Claimant has now received from the Assignor what it is told by the Assignor and believes is a truly reconstituted copy of the Default Notice therein referred to and which, it repeats, it is told by the Assignor and believes was served as attested to therein together with the prescribed information to which its final paragraph refers. A copy is attached at "xxxxxx".
STATEMENT OF TRUTH
I believe the facts stated in this witness statement are true.
Letter Template
Default notice served under section 87(1) of the consumer credit act 1974
DATED: xxxxxxxx
In respect of the Credit Card Agreement reference number xxxxxxxxxxxx made between xxxxxxxxxxx of the above address and xxxxxx
Provisions of agreement breached. Under the terms of your Agreement you are required to make a minimum monthly payment unless all your purchases are on Buy Now Pay Later Plans. The minimum monthly payment is calculated in accordance with the terms of your agreement and is set out in your statement each month.
Nature of breach. You have breached the Agreement, by failing to pay instalments, resulting in (including value in excess of credit limit, if applicable) arrears of £xx.xx.
Action required to remedy. Payment of £xx.xx within 14 days of you receiving this Notice.
IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.
IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.
Further action. We will terminate your agreement and demand full repayment of the outstanding balance £xxxx.xx Your account will be referred to a Debt Collection Agency, with instructions to consider legal proceedings against you. Legal action may result in substantial fees and costs being added to the balance payable by you. Additionally, a default may be registered with a licensed Credit Reference Agency. You may be able to avoid this action by telephoning us immediately on xxxx xxx xxxx to discuss repayments proposals.
IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.
IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.
This notice should include a copy of the current Financial Conduct Authority information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.
..................................................................................................................................................
First time I have come across the above so would really appreciate any advice/feedback as to can they do this??
I am helping a friend who is being taken to court for an alledged debt of under £2,000.00
All the usual CCA/CPR request etc have been have been undertaken.
Yesterday a letter arived from their solicitor containing the following:
I, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx say as follows:
1. I make this statement as a supplement to my first Witness Statement dated xx xxxxxx 2018.
2. The content of my first Witness Statement is herein repeated, definitions therein are herein adopted and the Court's particular attention is directed to paragraph xx regarding service of a Default Notice on the Defendant by the Assignor. The Claimant has now received from the Assignor what it is told by the Assignor and believes is a truly reconstituted copy of the Default Notice therein referred to and which, it repeats, it is told by the Assignor and believes was served as attested to therein together with the prescribed information to which its final paragraph refers. A copy is attached at "xxxxxx".
STATEMENT OF TRUTH
I believe the facts stated in this witness statement are true.
Letter Template
Default notice served under section 87(1) of the consumer credit act 1974
DATED: xxxxxxxx
In respect of the Credit Card Agreement reference number xxxxxxxxxxxx made between xxxxxxxxxxx of the above address and xxxxxx
Provisions of agreement breached. Under the terms of your Agreement you are required to make a minimum monthly payment unless all your purchases are on Buy Now Pay Later Plans. The minimum monthly payment is calculated in accordance with the terms of your agreement and is set out in your statement each month.
Nature of breach. You have breached the Agreement, by failing to pay instalments, resulting in (including value in excess of credit limit, if applicable) arrears of £xx.xx.
Action required to remedy. Payment of £xx.xx within 14 days of you receiving this Notice.
IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.
IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.
Further action. We will terminate your agreement and demand full repayment of the outstanding balance £xxxx.xx Your account will be referred to a Debt Collection Agency, with instructions to consider legal proceedings against you. Legal action may result in substantial fees and costs being added to the balance payable by you. Additionally, a default may be registered with a licensed Credit Reference Agency. You may be able to avoid this action by telephoning us immediately on xxxx xxx xxxx to discuss repayments proposals.
IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.
IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.
This notice should include a copy of the current Financial Conduct Authority information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.
..................................................................................................................................................
First time I have come across the above so would really appreciate any advice/feedback as to can they do this??
janloot- Not so newb
- Posts : 82
Join date : 2017-05-16
Re: truly reconstituted copy of the Default Notice ??
Sounds like waffle.
Firstly it states:
"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH"
There is no court judgement to date so they cannot use any 'Enforcement Action".
I understood it was the agreement where they could use reconstituted copies not the default notice.
Firstly it states:
"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH"
There is no court judgement to date so they cannot use any 'Enforcement Action".
I understood it was the agreement where they could use reconstituted copies not the default notice.
Kestrel- dedicated
- Posts : 739
Join date : 2017-08-27
Re: truly reconstituted copy of the Default Notice ??
so is there anything we can we do to have this "document" dismissed?
janloot- Not so newb
- Posts : 82
Join date : 2017-05-16
Re: truly reconstituted copy of the Default Notice ??
my initial question on this would be:
on what date did they issue a claim ?
secondly what is the date on the default notice ?
thirdly has any payments been made against this debt since the default date given ?
on what date did they issue a claim ?
secondly what is the date on the default notice ?
thirdly has any payments been made against this debt since the default date given ?
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Similar topics
» Default Notice under S.88 of the NCC
» default notice / 3 letters
» Been sent a fake default notice
» Default notice and CRAs
» Has a Default Notice been served?
» default notice / 3 letters
» Been sent a fake default notice
» Default notice and CRAs
» Has a Default Notice been served?
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|