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Default Notice

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  • brass
    started a topic Default Notice

    Default Notice

    Interesting that the current case against me for a credit card asks whether I recall ever receiving a default notice, to which I said no.
    However I did a DSAR with the OC and they have included a printout of communications and responses with the Assignee. 6 moths after the claim was issued (claim has been stayed) the Assignee asks the OC if a default notice was served and to send a copy or a template and the reply from the OC sent a template, so it looks as if the assignee and OC never had a default notice and are creating one from a template.
    Can they do this? This was done last year and more than 5 years after the last payment.........and I still have not received it but the case is coming up to be heard. Can they produce this last minute.com? There is no default notice given to me despite my requests. If they send a default notice now, it will be more than 6 years since acknowledgement or last payment, (allbeit I reckon it will be backdated because I have evidence they did this with the notice of assignment through the DSAR)
    Tags: None

  • brass
    replied
    Very interesting case:
    Brandon v American Express Services Europe Ltd [2011] EWCA Civ 1187 at [5].
    It seems that a defective default notice renders a claim unenforceable (until remedied by re-serving a correct one, only if termination has not taken place). However, If the claimant claims in the alternative that the agreement is breached for a term in the agreement and they claim based on contractual breach (under CCA 1974 S98?) , does a defective default notice still render the agreement unenforceable?
    Last edited by brass; 4th October 2018, 21:56:PM.

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