Cabot Financial - RE Aqua New Day Court Claim

[mrmonkey]

they are saying the default was 19/06/2018 but have not shown it they have stated "the original creditor has confirmed thet the defendant would have been given 21 days from the date the default notice was issued to pay the arrears. the default notice was issued 19/06/2018 so the defendant would have had 21 daysfrom this date to pay the arrears."
they have then includes a table showing letter summary and highlighted a date 16/06/2019 but then there is also 2 letters dated this month this year and july last year.

[mrmonkey]

but no copy of a default letter also they have included a letter from Aqua dated october 2018 saying the account is in arrears.

[mrmonkey]

i can mail you all what they have sent as it is to much to put here and to much personal info if you can provide an address to send it to you.
They have sent me every letter from aqua but no default notice.
aqua also have sent letters after the so called default notice ? saying Notice of sums in arrears dated 01 october 2018 less payment recieved of 10.00
also letters of account suspension 3rd of september 2018 , 01 october , 01st november.
i mean its some confusing stuff.

[Amethyst]

of course - admin@legalbeagles.info

[Amethyst]

they are saying the default was 19/06/2018 but have not shown it they have stated "the original creditor has confirmed thet the defendant would have been given 21 days from the date the default notice was issued to pay the arrears. the default notice was issued 19/06/2018 so the defendant would have had 21 daysfrom this date to pay the arrears."
they have then includes a table showing letter summary and highlighted a date 16/06/2019 but then there is also 2 letters dated this month this year and july last year.

The July 10th letter ( sent on 11th July ) may well be telling you it defaulted as you failed to comply with the default notice sent 19/6/2018, as it is 21 days.But that's a tad circumstantial and the default date would be 10th/11th July NOT 19th June.

letter from Aqua dated october 2018 saying the account is in arrears.

that might be useful. I'll keep an eye out for email anyway,

[mrmonkey]

The July 10th letter ( sent on 11th July ) may well be telling you it defaulted as you failed to comply with the default notice sent 19/6/2018, as it is 21 days.But that's a tad circumstantial and the default date would be 10th/11th July NOT 19th June.

that might be useful. I'll keep an eye out for email anyway,

yeah it all seems a bit jumbled i will send you everything, you will not miss it is huge and may be a couple depending how much i can attach., i have 3 days to file defence now :O as i have been waiting on this reply from the part 18 request. date of claim was 26th june, 5 days from that is served time i believe and then i filed acknowledgement online so i am presuming its the 28th :/ .

[Amethyst]

Yip - well let's see what they have sent and get a defence in tomorrow.

[Amethyst]

Those are coming through fine now xx

just notes as I read through

Terminated - 30/11/2018

[Amethyst]

Those are coming through fine now xx

just notes as I read through

Terminated - 30/11/2018

default issued by new day re aqua on 19/6/18 giving 21 days

£373 default balance

[Amethyst]

Those are coming through fine now xx
just notes as I read through
Terminated - 30/11/2018
default issued by new day re aqua on 19/6/18 giving 21 days
£373 default balance
However ....
no no sign of it having defaulted - only arrears in Sept 18 and Oct 18 - the Sept 18 letter says the account has been suspended ... then November ....
still charging interest in July 2018 but not in August which could indicate default but no evidence of default notice or default


notice of assignments look fine - was NewDay when opened

Agreement looks enforceable

[mrmonkey]

sorry there is only 9 emails not 11 i am blaming the heat .

[Amethyst]

Bit sweaty isn't it xxx

[Amethyst]

This may be problematic for them pt2537 what do you reckon ?

If this defaulted 10th July why send this in November ?

[Amethyst]

Or this in August ? Asks for minimum payment of £145 ....on balance of £373 .... therefore not defaulted .... IMO

[Amethyst]

Funny how they've included everything except the default notice or any copy of the letter sent on 19th June or 11th July isn't it .... On the balance of probabilities they win hands down… You are left with the technical argument over whether they sent a default notice