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With the current case against me the sparse pleadings are claiming that I defaulted in Oct 2012 (the default notice....which they do not have...says Aug 2012) but they go on to say "In breach of contract the defendant failed to repay the sum due".
HOWEVER, I also found a letter from the OC in Jan 2012 saying they have reviewed my account and it will be closed within 2 months of that letter (ie closed march 2012, 5 months before the defective default notice).
SO, what was the point of the default notice (which, following the Brandon case, was defective). Does it help me case that they closed my account after review. I wasnt in default then as my last payment was Jan 2012.. The claimant has not produced either documents.
HOWEVER, I also found a letter from the OC in Jan 2012 saying they have reviewed my account and it will be closed within 2 months of that letter (ie closed march 2012, 5 months before the defective default notice).
SO, what was the point of the default notice (which, following the Brandon case, was defective). Does it help me case that they closed my account after review. I wasnt in default then as my last payment was Jan 2012.. The claimant has not produced either documents.
