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Threats from nastywide

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  • #16
    Originally posted by shellfishb5 View Post
    thanks everyone for your input

    hellhasnofury i dont recall getting a default notice as i said i didnt know about the default until i got a credit report last july.
    MMMMMhhhhh, it gets more interest by the post

    Please refer to this section of the CCA:

    S88 Contents and effect of default notice

    (1) The default notice must be in the prescribed form and specify—
    (a) the nature of the alleged breach;
    (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
    (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

    (2) A date specified under subsection (1) must not be less than fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those fourteen days have elapsed.

    (3) The default notice must not treat as a breach failure to comply with a provision

    of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the fourteen days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

    (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

    (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

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    • #17
      Thanks everyone for your help i am going to end the claim nationwide are going to arrange for me to withdraw the £60 court costs from the account. but i am confused about the default notice so i will leave it as court paper work has to be reurned to the court by 03/08/2007

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