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Age old default notice question

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  • Age old default notice question

    Hi all

    Im about to be going to court regarding a claim against me.

    The claim has been fraught with errors with the particulars of claim having the incorrect amount, the notice of assignment in particulars mentioning the incorrect creditor.

    I raised all this in my defence and in their final particulars they basically said oops typo. We want x money and we didn't mean to say thay company we meant this one.

    This is all relevant because my defence also rests on the fact i never had a default notice for the debt in question and they have proceeded to assign and then take court action without giving me suitable notice to take action. When i questioned this they failed to acknowledge my complaint.

    They have now entered the response on their court pack that they have no copy of the default notice but a system screenshot saying saying one was issued which was enough based on balance of probability.

    Now i need to know is this a reasonable approach from the creditor and also based on all the errors is it reasonable to assume this screen shot is evidence or would i be fair to say thay based on all the errors no reliance should be placed on anything they share!

    Interested in your thoughts!

    Cheers
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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