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A large bank is taking me to court over an unpaid loan and they never sent me a default notice. Their witness statement admits that they dont hold a true copy, but they attach an example generated by their computer system. Can I pull them on this in court and do I need a solicitor to do it properly? Dont think I could afford the fees. :cry:
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Re: No DN copy. Can they enforce?
Do you owe them the money they claim you do? -
Re: No DN copy. Can they enforce?
Yes and cant pay due to job lossComment
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Re: No DN copy. Can they enforce?
Whether or not you can pay and why is not material to the case at this stage, but now we have established that there is a liability you can choose how to proceed.
Attempting to nit-pick over the agreement, or claiming that a default notice was not received is only going to drive costs up in a case for a claim that cannot realistically be defended. CPR 6.3 provides for the service of documents and the creditor need only provide evidence that the notice was placed in the post to you.
When did you take out the loan and is it secured or unsecured?Comment
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Re: No DN copy. Can they enforce?
Unsecured, 2008. They dont have proof of any kind and thats my point.Comment
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Re: No DN copy. Can they enforce?
What don't they have proof of?Comment
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Re: No DN copy. Can they enforce?
They say that they dont have a copy DN. In the witness statement they say that their computer systems show that one was sent, but dont show this proof.Comment
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Re: No DN copy. Can they enforce?
Take a look at this thread, it may answer some more of your questions.
An Invalid Default Notice? - Legal Beagles Consumer ForumComment
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Re: No DN copy. Can they enforce?
Its not a secured loanComment
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Re: No DN copy. Can they enforce?
I know.Comment
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Re: No DN copy. Can they enforce?
Go to a solicitor who takes on civil legal aid cases - if you are not working you will be eligible for legal aid. Google legal aid and you will find advice there. Good luckComment
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