Is this deafult notice legal

[maruvian]

Re: Is this deafult notice legal

This is what a DN must contain.
Consumer Credit (Enforcement, Default and Termination Notices) Regulations

Parties to agreement

2

(1) The name and a postal address of the creditor or owner

You have never had any agreement with Creation Finance and i can see no reference to them in the CCA.

[bebell]

Re: Is this deafult notice legal

Yes, I paid by cheque.

If the DN is in the wrong compnay name that may mean they can issue a correct one in the right name and then it would be legal or would it as the solicitors still be terminated the agreement?.

[Amethyst]

Re: Is this deafult notice legal

Okay this 'a day late' reason pops up a lot on these type of agreements. Have you had/asked for a copy of the cheque from the bank ? are Creation saying the cheque is stamped dated / received ? worth checking just in case.

Apparently creation took over 'open direct' in 2007 and customers were sent letters advising them of this (I assume something formal to transfer the debts too thus meaning they owned the debt at the time of the DN)

[bebell]

Re: Is this deafult notice legal

Yes I have a copy of the cheque it has a date stamp of 10/01/07 which is the first stamp then one from the bank stamped 12/01/07 then another stamp from a bank on 15/01/07 it cleared my bank on the 17th.
In all the letters they have sent they have not mentioned any clearing days although it doe's say in a letter sent to me after signing that they say also forms part of the agreement to allow 5 clearing days but they have never reffered to it for some reason.
My defence was they could not prove to me the actual receiving date and was questioning their company system and procedures but as it is up to me to prove my posting date (which was 2/01/07) which I am unable to do then I found these forums and found that they have done this to quite a few people, and noticed the law on DN's so at the last day for my defence I filed the N244 for a strike out.

[Amethyst]

Re: Is this deafult notice legal

okay so the last day of the free interest period was the 9th ?

If you sent the letter first class, and I assume you dated the cheque the 2nd when you posted it, then it is considered delivered I think 2 working days after, legally wise. Proof wise, you are sworn on oath in the court arent you so I think that is good enough ? Or do I have too much faith ?

[bebell]

Re: Is this deafult notice legal

Hi, I wasn't asked to swear on oath when I went to court last week but I am sure I can request that I do and if my word is taken as truth that should be justice done but I have my doubts on thats all it would take.
Thanks Bebell