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??

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.

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

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

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 ?