Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Member of the old GET OUT OF DEBT FREE. So glad i found this site again
by Logan1989 Today at 10:35 pm

» Mercers Default Notices Are Invalid
by Kestrel Today at 9:29 pm

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Today at 8:57 pm

» Did you have the money / use the credit?
by handle Today at 8:20 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Today at 8:01 pm

» Beware of ancestry DNA websites
by jss64 Today at 6:26 pm

» Ways of protecting assets from creditors
by Jan Today at 1:31 pm

» Dr. Graham Downing 5G and A.I talk
by ditchit Today at 12:34 pm

» Threatened bankruptcy proceedings
by waylander62 Today at 12:33 pm

» Notice Of Conditional Acceptance / Promissory Notes
by pitano1 Today at 9:10 am

» PoE
by ditchit Today at 8:02 am

» Set Aside Application, Can Claimant Provide Proof Of Claim?
by Kestrel Today at 7:00 am

» Is this what Greg Hallet was talking about?
by handle Yesterday at 10:38 pm

» Hello all from new member, hoping to overcome the fear this time
by Holle Yesterday at 8:59 pm

» old man tells joke
by handle Yesterday at 12:07 pm

» Anti nano tech
by chong Yesterday at 11:31 am

» Mediation Time. How to fire off your defence?
by onak Yesterday at 6:26 am

» FOS complaints and civil proceedings
by handle Yesterday at 5:27 am

» Administration of Justice Act 1970 forbids creditors to falsely pretending to be officially authorised to collect payment
by Stevro Yesterday at 2:11 am

» CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing
by hughythomas Yesterday at 1:51 am

» Cabot help
by Benjisaurus Sat Oct 13, 2018 10:31 am

» Hello to all of you
by assassin Sat Oct 13, 2018 1:21 am

» Essex & Suffolk Water
by LionsShare Fri Oct 12, 2018 4:38 pm

» Lowell threatening me Again !!
by daveiron Fri Oct 12, 2018 8:08 am

» Geopathic Stress, 5 G, Microwave Radiation Toxicity, Smart meters.
by daveiron Fri Oct 12, 2018 8:03 am

» Cabot- is there a realistic chance to fight them?
by handle Thu Oct 11, 2018 11:34 pm

» Distopian Future Documentarys,
by Society of the Spectacle Thu Oct 11, 2018 9:19 pm

» NIP - speeding with photo evidence
by daveiron Thu Oct 11, 2018 4:57 pm

» Latest Rich Planet vids Richard Hall
by daveiron Thu Oct 11, 2018 4:46 pm

» Hoist Portfolio/Howard Cohen – Letter of Claim ?
by barnwebb Wed Oct 10, 2018 8:23 pm

» Brown all CAPS window letter with "Defendant" visible!
by itheman Wed Oct 10, 2018 8:22 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Oct 10, 2018 7:34 pm

» This Is Interesting
by pitano1 Wed Oct 10, 2018 10:17 am

» Hello all members of The Community
by assassin Wed Oct 10, 2018 1:40 am

» Raconteurs with extra special guest !!
by Lopsum Tue Oct 09, 2018 9:31 pm

» Hello, new here and preparing to fight the system.
by Jacko Tue Oct 09, 2018 4:07 pm

» Reclaiming cash value for loans ive paid off in the past
by onak Tue Oct 09, 2018 1:56 am

» BT/british telecom
by mitch Mon Oct 08, 2018 4:37 pm

» Civilized Materialistic DNA vs Tribal Spiritual DNA
by Kestrel Sun Oct 07, 2018 9:23 pm

» Another noob faced with a DC
by onak Sun Oct 07, 2018 2:18 am

» Cbd Oil
by Society of the Spectacle Sat Oct 06, 2018 12:59 pm

» Police Guidelines On Bailiffs
by Kestrel Sat Oct 06, 2018 11:17 am

» PRA Group County Court Business Centre??
by waylander62 Fri Oct 05, 2018 10:08 pm

» Anti-Defamation LeagueAppoint Themselves As Official Internet Censor
by Kestrel Thu Oct 04, 2018 6:24 pm

» remedy for P.C.N/COUNCIL TAX
by unlimuni Wed Oct 03, 2018 5:52 pm

» Is it to late for the 3 letters process
by Mikeyjohn Wed Oct 03, 2018 10:57 am

» Parking Notice Download
by unlimuni Wed Oct 03, 2018 6:18 am

Moon phases


truly reconstituted copy of the Default Notice ??

Go down

truly reconstituted copy of the Default Notice ??

Post by janloot on Sun Jul 08, 2018 4:45 pm

Good evening members  Wink

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??

Wink
avatar
janloot
Not so newb
Not so newb

Posts : 20
Join date : 2017-05-16

Back to top Go down

Re: truly reconstituted copy of the Default Notice ??

Post by Kestrel on Sun Jul 08, 2018 5:13 pm

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.

Kestrel
Not so newb
Not so newb

Posts : 251
Join date : 2017-08-27

Back to top Go down

Re: truly reconstituted copy of the Default Notice ??

Post by janloot on Mon Jul 09, 2018 7:25 pm

so is there anything we can we do to have this "document" dismissed?



avatar
janloot
Not so newb
Not so newb

Posts : 20
Join date : 2017-05-16

Back to top Go down

Re: truly reconstituted copy of the Default Notice ??

Post by handle on Mon Jul 09, 2018 9:50 pm

for a start statute of limitations applies. they needed to have started litigation within 6 years of the default notice, otherwise from your last payment. secondly they need proof that the notice was served. service of the notice is as important as the notice. thirdly i have heard of a reconstituted agreement but not a default notice. sounds a load of bollix

handle
Not so newb
Not so newb

Posts : 447
Join date : 2017-04-10

Back to top Go down

Re: truly reconstituted copy of the Default Notice ??

Post by waylander62 on Sat Jul 14, 2018 6:38 pm

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 ?

waylander62
Not so newb
Not so newb

Posts : 165
Join date : 2017-10-03

Back to top Go down

Re: truly reconstituted copy of the Default Notice ??

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum