Why does a claimant say that no DN IS REQUIRED

[POPSICLES]

As a neewbie to this site is there anyone out there can explain to me the following ... Who has to issue a DN is it the original Creditor ? does a company that has bought a debt have to issue one too ? Cabot are saying that no default notice is required, am really confused .. Can someone help please

[pompeyfaith]

Re: Why dores a claimant say that no DN IS REQUIRED

The Original Creditor, but if the debt has been sold in its entirety i.e the creditors rights under any agreement then the DCA buying the debt will have to Issue a Default Notice.

For This to happen though first you must receive a termination notice from the Original Creditor and a Notice of Assignment from the DCA or or other financial organisation who is buying the debt.

[Amethyst]

Re: Why dores a claimant say that no DN IS REQUIRED

Are Cabot claiming the whole outstanding balance or just arrears due ?

[POPSICLES]

Re: Why dores a claimant say that no DN IS REQUIRED

They are claiming the whole balance, they also have issued a representation of the NOA ....., have managed to defend this until now but the judge has ordered them to file amended POC which i need to defend

[Amethyst]

Re: Why dores a claimant say that no DN IS REQUIRED

Whats the amended POC say ?

[POPSICLES]

Re: Why dores a claimant say that no DN IS REQUIRED

1. The claimant is and was at all material times a purchaser of debt
2. The Defendant enetered a written agreement with Egg banking under the CCA 1974
3, it was an express prescribed term of the contract for the defendant to pay each month etc...
4, express prescribed term of the contract that the assignor would set an approved limit for the defendant's account and tell her what thie is
5, The defendant has breached both the repayment term and the limit as prescribed by the assignor.

Particulars of breach.......... goes on how failed to repay adequatley,

6. how the claimant has suffered loss, having become entitled to the claimed sum
for the reasons outlined below.

7.1 on 1st oct 2009 the assignor legally assigned all of its rights, title and interst under the contract with the defendant

7.2 on the 9th Oct 2009 and on the 2nd feb 2010 NOA was given to the defendant by sending the same by ordinary post.

7.3 the claimant has applied interest at the rate of 12%, Having acquired the rights, title and interest under the contract the claimant was entitled to apply the contractual rate of interest which is higher.

7.4 since assignment the def has failed to remedy her breach

7.5 for the foregoing reasons the claimant is entitled to the sum of ( whole sum of debt quoted )

being arrears and interest due in relation to the defendants account,


Really am confused as what i am suppose to be doing with this

Thanks for your help

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

also looking back on the correspondance i have had with Morgans they have said that they have claimed assignment under the LOP the rights not duties-is that significant ........... really getting confused by all this any help gratefully recieved

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

Where have they said no DN has been issued nor is required ?

Have you never had a DN from Egg ?

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

I recieved the following.............on the general form of judgement or order it is ordered that;

1. under the para 1(b) of the order of the 23rd july if the claimant says that no default notice was required the claimant should plead the same.
2, the claimant shall file amended POC ( It is what i posted above )

does this make sense...it does not to me,thanks
------------------------------- merged -------------------------------
also cant remember if DN ever recieved from egg

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

well considering that was the order, theres nothing mentioned of a DN in the amended POC.

Whats the order from 23rd July?

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

The order wanted DN, copies of CCA, Document contract or deed of assignment, NOA,

and I had to serve an amended defence setting out all the facts which are disputed.

I did that saying -I had not had a DN, NOA ( i was sent a representation of NOA ) Deed or contract of assignment, and a dodgey CCA

W

Then I recieved the other Order

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

Ok the judge has ordered the claimant plead why a DN was not required, or disclose the DN, because if Egg didnt issue a DN or Termination notice (and the NoA does not suffice) Egg cannot enforce the debt. Egg have to have given you chance to remedy the default else they can't terminate or ask for payments not yet due under the contract and could only claim arrears outstanding at that point.

They have just left any mention of a DN out of that POC.

What is the actual situation with the debt ? (historically from where things went wrong with Egg)

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

things went wrong about three years ago,

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

The debt was handed around a few DCA then Cabot popped up and I got a court papers from northampton, they asked for a stay as they did not have any paperwork to move this forward and i had asked for everything, however they sent me a CCA and a representation of a NOA, and statements from EGG, the judge ordered all the bits they had not sent then the amended POC claim came through with this bit re DN..this has really confused me on how to respond.

They state they are after the whole debt so EGG are no longer in the picture, sorry if i sound a bit thick but this whole DN has confused me and as you said they did not even mention it in there amended POC..thanks for your advice

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

I had to serve an amended defence setting out all the facts which are disputed.

I did that saying -I had not had a DN, NOA ( i was sent a representation of NOA ) Deed or contract of assignment, and a dodgey CCA

can you post up the defences entered to date, then you have the opportunity to file a further amended defence in response to this amended POC, which again, oddly would be asking for the DN.....will have a look in CPRs if you can just go back saying non complaince with order against the POC rather than a new amended defence, but would def like to see whats gone in to date.

and just to confirm - you do not recall ever having had a 'pay the arrears within 14 days or we'll terminate your account and set a dca on you' DN letter from egg ?