An Invalid Default Notice?

[michael]

Re: An Invalid Default Notice?

Have you tried posting on other forums? Someone might have a bright idea.

Oh,sorry, I see you'd already done that before posting here.......and they don't

An Invalid Default Notice? - The Consumer Forums

Would this constitute An Invalid Default Notice? - MoneySavingExpert.com Forums

[WendyB]

Re: An Invalid Default Notice?

I have let Kofi out of his cupboard for a while.

It seems to me to be quite simple. Pay up now, then there will be no arrears and no chance of them taking your home from you. As this debt is secured on your home then there is a very real possibility that you may end up out on the pavement. Yes, the default notice might not be the best specimen we have ever seen but do you really want to rely on a Judge agreeing with you and consequently wiping out the debt? As is obvious from this thread, it's open to interpretation and would you really want to take the chance that the Judge would interpret in in the same way as you? What if he wakes up in a ****y mood and throws out your case? As you would be up against solicitors who can argue this type of thing inside out with their eyes shut and don't have to ask a forum for advice on how to proceed and what we reckon their chances are.
If you have the money then pay the debt, your credit file is already shot to pieces and yes the default will stay there but it will be shown as satisfied which is about as good as it gets. To be perfectly honest if you had come to some sort of arrangment with them earlier it may not have got to this stage, but now it has and there's not really a way back, at this stage now it's just the way it is, and you have to deal with it as it is. A default is not the end of the world and you may be able to argue the toss once you have sorted out the small matter of not losing your home.
Who is the creditor by the way?

[whizzkid001]

Re: An Invalid Default Notice?

I have let Kofi out of his cupboard for a while.

It seems to me to be quite simple. Pay up now, then there will be no arrears and no chance of them taking your home from you. As this debt is secured on your home then there is a very real possibility that you may end up out on the pavement. Yes, the default notice might not be the best specimen we have ever seen but do you really want to rely on a Judge agreeing with you and consequently wiping out the debt? As is obvious from this thread, it's open to interpretation and would you really want to take the chance that the Judge would interpret in in the same way as you? What if he wakes up in a ****y mood and throws out your case? As you would be up against solicitors who can argue this type of thing inside out with their eyes shut and don't have to ask a forum for advice on how to proceed and what we reckon their chances are.
If you have the money then pay the debt, your credit file is already shot to pieces and yes the default will stay there but it will be shown as satisfied which is about as good as it gets. To be perfectly honest if you had come to some sort of arrangment with them earlier it may not have got to this stage, but now it has and there's not really a way back, at this stage now it's just the way it is, and you have to deal with it as it is. A default is not the end of the world and you may be able to argue the toss once you have sorted out the small matter of not losing your home.
Who is the creditor by the way?

Your advice is fine and one I shall follow. However, just to clarify, and as I stated earlier in the thread, I had been quite prepared and was perfectly willing to have come to an arrangement with them when I called them before they issued the default, but they were not even prepared to listen - they had issued it even before their prior letter giving me 7 days before issuing the default notice had expired! All they wanted to do at that stage was hastily issue the default against me, and was no doubt a reason why it arrived as flawed as it did.

As for the creditor, for obvious reasons I don't want to state on the thread.

[WendyB]

Re: An Invalid Default Notice?

What I meant was, you only contacted them to make an arrangement when they wrote to you because you were already a few months in arrears, when really if you had been in touch when you first got into trouble and come to an arrangement earlier it may not have got this far. But now it has, so that's all water under the bridge now. Glad you are going to pay the arrears, it will be much easier to fight the default with a roof over your head.

Reason I asked who the creditor was, is because they all usually have their own modus operandi and we may have had an idea of what it was if we knew who they were.

[bankrupt]

Re: An Invalid Default Notice?

My advice on the DN is to contact Mr Peter whiteman on the other website. He is a practicing lawyer who will advise/confirm what you are saying is 100% correct.