Court Directions and Default Notice

[tatty]

Hi All

Due in court soon, Have couple of question if anyone can help.

1, Had order from court for direction, first one was for document list which had to be presented to claimant by 28th July, and to myself from them. which I did, But the claimant did not keep to the date and I received their list 12 days later and it was dated 10 days after as well, I did in the mean time write to the court who said I would have to fill in a 244 form, But now that the list has been sent is there any point in this or anything I could do at court.

2, I never received a default notice. and have asked for this a few times so I could check it conforms to the legal requirements, It now appears that they do not have one and are saying that by sending a template of what one would have look like, that this would be good enough for them to confirm I had one as the banks have to follow strict rules and don,t make mistakes,
Is there a regulation on default notice or case study, and can they get away with this.

thanks
Tatty

[Guest]

Re: Court Directions and Default Notice

Hi All

Due in court soon, Have couple of question if anyone can help.

1, Had order from court for direction, first one was for document list which had to be presented to claimant by 28th July, and to myself from them. which I did, But the claimant did not keep to the date and I received their list 12 days later and it was dated 10 days after as well, I did in the mean time write to the court who said I would have to fill in a 244 form, But now that the list has been sent is there any point in this or anything I could do at court.

2, I never received a default notice. and have asked for this a few times so I could check it conforms to the legal requirements, It now appears that they do not have one and are saying that by sending a template of what one would have look like, that this would be good enough for them to confirm I had one as the banks have to follow strict rules and don,t make mistakes,
Is there a regulation on default notice or case study, and can they get away with this.

thanks
Tatty

Sadly there is no requirement for a creditor to keep a copy of an information notice( which is what a DN is).

[FlamingParrot]

Re: Court Directions and Default Notice

Is this the same case as on this other thread? http://www.legalbeagles.info/forums/...ht=#post305848

[tatty]

Re: Court Directions and Default Notice

Hi All and thanks for input.

Yes FlamingParrot this is the same as the one quoted, I was then going to court for a statue demand but it was set aside so DCA now trying new route.
One thing that was in my favor was that the agreement does not have a PT for purchase and service.
Also no right to cancel but judge was not sure if that was a PT or not, still he was not happy with it and set it aside.

Thanks
Tat

[tatty]

Re: Court Directions and Default Notice

HI
Does anyone know if , right to cancel, should be in a credit card agreement and would this be a Prescribe term.

thanks
t

[tatty]

Re: Court Directions and Default Notice

Hi All

DCA have re sent a default notice for an account that was terminated.
Just to bring you up to date, This is an old Egg agreement now been purchased by Aktiv. Went to court for a statuary demand, which was dismissed on the evidence that was presented, I was then taken back to court and this time again it was dismissed as the judge agreed that there was no evidence that I had ever received a default notice.
Now I have been sent a new default notice demanding I pay the full amount, if not I will be reported to the CRA and taken back to court for the third time, 1. this seem like abuse of process, 2, I have already been default to CRA for this debt already. 3, the agreement was terminated by egg in writing, and in both times in the courts by statement form Aktiv that the agreement had been terminated.

Any thoughts or advice on what would be my next best move.
Thanks.

[tatty]

Re: Court Directions and Default Notice

anyone with any info on default notice,
thank you