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Well have read around this forum and Im confused. In the case that an invalid DN's has been issued by a creditor i.e. not allowing 14 clear days taking into account SERVICE from the date of the letter. I have read that you would be 'clutching at straws' to request a judge dismiss a claim from a company to enforce the debt by means of a CCJ.
However on many other forums on this subject namely CAG it is quite widely accepted that a judge would have no choice but to side in the favour of the Lip.
On the basis that to issue an invalid default notice then request the full balance would constitute termination of the agreement therefore prohibiting the re-issue of a new default notice. Therefore allowing a claim for costs by the defendant against the company issuing the claim..
However on many other forums on this subject namely CAG it is quite widely accepted that a judge would have no choice but to side in the favour of the Lip.
On the basis that to issue an invalid default notice then request the full balance would constitute termination of the agreement therefore prohibiting the re-issue of a new default notice. Therefore allowing a claim for costs by the defendant against the company issuing the claim..
