Is this deafult notice legal

[bebell]

Hi,
I have been looking around the site and noticed people asking if a default notice is legal, please could someone tell me if my default notice is legal it can be viewed at http://tinypic.com/m/5uhf6t/3 this is a safe site as I tried toattach it twice and it failed.

Thank you
Bebell

[TomThumb]

Re: Is this deafult notice legal

Nope not in my opinion, they havent allowed 2 days for service (if sent first class.. did u keep envelope?)

Remedy date should be Friday 10th in my opinion not weds the 8th

Also missing block of text from the credit agreements regulations....

"This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains
important information about your rights and where to go for support and advice. If it is not included, you should contact
us to get one.".

TomT.

[bebell]

Re: Is this deafult notice legal

Hi thanks for that.
No, I didn't keep the envelope. I filed an application notice N244 for a strike out on 29th September on the grounds of them not giving me enough clearing days and the outstanding balance includes some charges however the court wrote to tell me as my hearing is on 13th October (tomorrow) due tp the time scale it will be heard at the original hearing. I am concerned that I will have to now prove the default notice is not legal and if the judge says it is I will then have to defend the original case which is: They said they received my payment for the full amount 1 day after the agreed 1 year interst free period!

I never sent it recorded delivery to them so I am saying they cannot prove to me the actual date they received it and I cannot prove them the date I posted it.

Doe's anyone know anyone that has had a stike out due to the default notice not being legally correct?

Thanks
Bebell

[Mochamoo]

Re: Is this deafult notice legal

Do you mean CCA or default notice?? You have posted up a CCA (or am I seeing something completely different to everyone else lol?)


Apparently Just me who cant see it....

[bebell]

Re: Is this deafult notice legal

Hi Mochamoo yes, it is the default notice, it says default on it

[Mochamoo]

Re: Is this deafult notice legal

Chill!

Only asked cause when I clicked the link it took me to a CCA agreement!!!


Good Luck at court

[bebell]

Re: Is this deafult notice legal

Sorry didn't mean my answer to sound rude.

I will let you know how I get on tomorrow.
Any advice would be most appeciated.

[bebell]

Re: Is this deafult notice legal

I attended court to day this is what happened.

I sent an on apllication N244 for a strike out on 29th September as the DN included unfair charges and didn't give me the full 14 clear days.

I received a reply from the court to say as my hearing was on the 13th October ther wasn't time for a hearing for the N244 and it would be heard at the original hearing which was today.

The judge said as this wasn't included in my defence he was unsure if it could be used at this hearing (it was included in my defence which he didn't have a copy so went to the office to find it which he did) they sent a stand in solicitor who also said they hadn't received a copy so the judge said he is deffering the case for 21 days he gave them until the 30th to let the court know if they received my defence or to ask the court for a copy ( I offered to send them a copy)

So the judge said it is not a strike out hearing he basically said he is going to allow me to use the information I supplied for a strike out at the hearing as he said at first I was adding to my defence and this way he is allowing both parties to have all the information.

Can they now issue a new legal DN? and if they intend to defend this will they have to send me a copy of their defence or just defend it on the day. Can they add anything to their statement of truth? basically what can they do now?

Please would someone let me know as I am unsure how to get things over at the hearing and what to expect from them.
Many thanks
Bebell

[maruvian]

Re: Is this deafult notice legal

There is also a CCA uploaded with the Default Notice i have seen it as well. Is this the CCA which is connected to this.??

[bebell]

Re: Is this deafult notice legal

Yes they are both on the link.
What do you think? Can a 2nd default notice be issued if they have terminated the agreement? is there anything else they or the judge could come up with to say the default notice is legal?
Thanks

[maruvian]

Re: Is this deafult notice legal

They can't issue a second default, you can only be defaulted once. I am a bit confused about the court case it seems odd for them to take you to court before they have terminated the account.

[bebell]

Re: Is this deafult notice legal

Oh good, thank you, they have terminated the agreement. This is all for a 1 day late payment on a 12 months interest free agreement which I have always denied owing and said they cannot prove they received it 1 day late and neither can I prove I sent it in time as I didn't send it recorded delivery, I have decided to go for the defective DN after reading some threads but I don't know if anyone has won a case this way.
Thanks

[maruvian]

Re: Is this deafult notice legal

Don't know if this any help but the Default Notice lists the debt as being owed to Creation Finance whereas the credit agreement is for Open Direct retail. The addresses are the same but i would think that the DN has to list the company name correctly.

[bebell]

Re: Is this deafult notice legal

Thanks, I hadn't noticed that I am not sure if that makes a difference either I think they are a company within a company but as you say I signed the ageement with Open and Direct I will see if anyone answers this for me.

[Amethyst]

Re: Is this deafult notice legal

Ahhhh so its a 1 year interest free agreement so long as you paid in full within the year, but they say you paid a day too late so whacked all the interest charges on for the credit ?

How did you pay ? cheque ?