Litigation With No Termination Notice

[postggj]

It is my understanding that a court claim can comence without a termination notice if it is just for the arrears

but to go for the full balance, a termination notice must be issued prior to an n1 claim

just need confirmation

many thanks

JUST BEEN LOOKING THROUGH THE CCA AND CANT FIND THE RELEVANT LEGISLATION nder

Consumer Credit (Enforcement, Default and Termination Notices) (amendment) Regulations 2004

[QCKate]

Re: Litigation With No Termination Notice

It is my understanding that a court claim can comence without a termination notice if it is just for the arrears

but to go for the full balance, a termination notice must be issued prior to an n1 claim

just need confirmation

many thanks

JUST BEEN LOOKING THROUGH THE CCA AND CANT FIND THE RELEVANT LEGISLATION nder

Consumer Credit (Enforcement, Default and Termination Notices) (amendment) Regulations 2004

If you mean Default Notice I am sure the answer is yes. Others will be able to confirm.

QCK

[postggj]

Re: Litigation With No Termination Notice

does a termination notice have to be issued AFTER a default notice has expired to bring a court claim

ALSO

with a default notce

to rectify a default notice,it must be done within 14 days plus 2 for postage

is this 14 consecutive or working days

[QCKate]

Re: Litigation With No Termination Notice

does a termination notice have to be issued AFTER a default notice has expired to bring a court claim

ALSO

with a default notce

to rectify a default notice,it must be done within 14 days plus 2 for postage

is this 14 consecutive or working days

Keith I'm sure the answer to you 1st point is no and the 2nd is consecutive.

QCK

[Algee]

Re: Litigation With No Termination Notice

Keith

Providing it has been issued after October 2006 (I cannot remember the exact date), it has to be 14 clear days after receipt, and as Kate says, they are consecutive.

Prior to October 2006 it was seven days.

Alan

[postggj]

Re: Litigation With No Termination Notice

14 Days from 19/12/2006, was when it changed from 7 to 14 days

allowing also 2 days for service


the point i am trying to make is

IS A TERMINATION NOTICE A LEGAL REQUIREMENT OR BY NOT RECTIFYING A DEFAULT NOTICED,

TERMINATION IS AN AUTOMATIC PROGRESSION

[Algee]

Re: Litigation With No Termination Notice

They do not have to terminate if you fail to rectify a DN. If you look it normally say "we may do whatever". A demand for the full amount owing is usually the cue that the account has been terminated. Thus court action is also termination as they are normally asking for the full amount owed.

Alan