Re: Arrow Global/Bryan Carter-CCJ's -Help please
As it's so often the case with MBNA, the DN is defective because they are asking for the full amount as opposed to the arrears.
You may want to see this blog post by PT2537 :yo: with regards to default notices:
http://paulatwatsonssolicitors.wordp...-so-difficult/
Even though in the case above (Santander v Mayhew), the DN didn't actually ask for the full amount, in fact, the amount quoted by the claimant was detrimental to the claimant rather than the defendant:
I'm sorry I just have to laugh at the mention of such Department, because once upon a time, I got a letter from someone at that same department, asking me to log in and look at the fantastic features of my account online, after I'd received a letter asking me to cut up the card in two and send it back to them! msl: msl: msl:
Originally posted by blackhorse99
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You may want to see this blog post by PT2537 :yo: with regards to default notices:
http://paulatwatsonssolicitors.wordp...-so-difficult/
The Judge in Mayhew said in respect of the Default notice
Was the default notice valid? Under section 87 of the Consumer Credit Act a default notice must be served before any termination or demand for earlier payment. Section 88 of the Act provides that a default notice must be in the prescribed form. The Claimant served a default notice by post of 12th October 2012. The Defendant says that the notice was defective because it gave the wrong figure for the amount due and no OFT fact sheet was included.
Was the default notice valid? Under section 87 of the Consumer Credit Act a default notice must be served before any termination or demand for earlier payment. Section 88 of the Act provides that a default notice must be in the prescribed form. The Claimant served a default notice by post of 12th October 2012. The Defendant says that the notice was defective because it gave the wrong figure for the amount due and no OFT fact sheet was included.
The Claimant invited me to conclude that that the defects in the default notice were de minimis but I do not agree. The whole point of a default notice is that the debtor should know exactly what is owed and it is irrelevant that any defect would be to the detriment of the creditor.
Originally posted by blackhorse99
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