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Defence help - two default notices sent for one agreement

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  • #46
    Re: Defence help - two default notices sent for one agreement

    Hi Prism!

    IMO, best to keep the court informed. Send your letter to the Court Manager today.

    Yes, you can make an SAR to the CMC concerned;
    address it to The Data Controller;
    send this by Recorded Delivery, keep copies.


    Registration Number: Z1972351
    Date Registered: 27 October 2009 Registration Expires: 26 October 2010

    Data Controller: CYD UK LIMITED

    Address:
    CYD HOUSE
    388 HIGH ROAD
    ILFORD
    IG1 1TL

    Comment


    • #47
      Re: Defence help - two default notices sent for one agreement

      Originally posted by Angry Cat View Post
      Hi Prism!

      IMO, best to keep the court informed. Send your letter to the Court Manager today.

      Yes, you can make an SAR to the CMC concerned;
      address it to The Data Controller;
      send this by Recorded Delivery, keep copies.


      Registration Number: Z1972351
      Date Registered: 27 October 2009 Registration Expires: 26 October 2010

      Data Controller: CYD UK LIMITED

      Address:
      CYD HOUSE
      388 HIGH ROAD
      ILFORD
      IG1 1TL
      Thanks buddy

      When I write to the court manager, should I withold the fact that I posted the disclosure request yesterday?

      Should I also emphasise the point that my CMC requested it but they have gone bamkrupt and RBS have never supplied me with anything?

      What other things does anybody suggest the letter should have and should I send also send a copy to the lender?


      Moving on to the second part of the post, the CMC address you have posted is different to the one on companies house. When I last send a letter to the address you have given, the letter was returned stating that nobody was there.

      Should I stick to the current registred address in companies house which is in the docklands when I send a SAR request.

      Comment


      • #48
        Re: Defence help - two default notices sent for one agreement

        Re: your SAR, the address that I have provided, is as registered with the the ICO; register of data controllers.

        With regards the letter that you intend to send to the Court Manager. I would keep it short, polite and business like;
        long rambling letters are generally not read and can cause confusion.

        The fact that the CMC has become insolvent will have a great bearing on your case;
        you are seeking disclosure of documents under CPR 31.14 and;
        cannot proceed until you obtain same.

        Hopefully, other members can contribute their view(s)
        ------------------------------- merged -------------------------------
        The addresses for CYD UK Limited, as recorded by the ICO and Companies House appear tio be the same.

        Company Details




        Name & Registered Office:
        CYD UK LTD
        388A HIGH ROAD
        ILFORD
        ESSEX
        IG1 1TL
        Company No. 06437548


        Status: Active - Proposal to Strike off
        Date of Incorporation: 26/11/2007

        Country of Origin: United Kingdom
        Company Type: Private Limited Company
        Nature of Business (SIC(03)):
        7487 - Other business activities
        Accounting Reference Date: 30/11
        Last Accounts Made Up To: 30/11/2008 (DORMANT)
        Next Accounts Due: 31/08/2010
        Last Return Made Up To: 26/11/2008
        Next Return Due: 24/12/2009 OVERDUE
        Last Members List: 26/11/2008
        Previous Names:Date of changePrevious NameCompany Details

        Last edited by Angry Cat; 12th August 2010, 11:46:AM. Reason: Automerged Doublepost

        Comment


        • #49
          Re: Defence help - two default notices sent for one agreement

          Angry Cat,

          Strange but when I go onto companies house and do a search I get the following:

          CYD INSURANCE SERVICES LTD
          DOCKLANDS BUSINESS CENTRE
          10-16 TILLER ROAD
          LONDON
          E14 8PX
          Company No. 06667912

          ------------------------------- merged -------------------------------
          Actually I have justrealised why!!

          They have been using two company names which are CYD UK Ltd and CYD Insurance Services Ltd.

          I believe that CYD the Revolution and Clear Your Debt UK were trading names of CYD UK Ltd and Refresh Financial Solutions was the trading name of CYD Insurance Services Ltd.

          Both used to be at the same address in Ilford Lane but CYD Insurance Services Ltd has changed.

          I have checked my debit card statement for a lot of money!! and I paid RIS Insurance Services Ltd which is the former name of CYD Insurance Services Ltd.
          Last edited by Prism; 12th August 2010, 13:04:PM. Reason: Automerged Doublepost

          Comment


          • #50
            Re: Defence help - two default notices sent for one agreement

            Originally posted by TiredofPaying View Post
            Hi Prism, I'm up to speed now. OK, it's not that fast. I see you are much further down the line than I but it would appear that you've attracted some help.

            By the way, I was looking at your second DN and IF IT WAS SENT 2nd class (is that 'flat rate' as shown in the little box at the top?) then it would appear to give you enough time to remedy the breach. 6th Jan gives a service date of 11th Jan and a remedy date of 25th Jan. However the mandatory paragraph following the remedy date says that 'If the action required by this notice is taken BEFORE the date shown' which means the 24th or earlier which does not give you enough time. Confusing or what? That's my own personal opinion and I would be pleased if somebody pointed out any error.

            ToP
            Just a note DN dtd 8th Jan - 4 working days if 2nd class = 13 Jan, then 14 days = 27th Jan to remedy ?

            Comment


            • #51
              Re: Defence help - two default notices sent for one agreement

              CCA Search :: CCA Search Results :: Licence Details


              Application / Licence Details




              Licence Number:0618787
              Licence Status:Current

              Current Applicant / Licensee:

              Business NameCompany Registration NumberCYD Insurance Services Ltd6667912

              Categories:

              Consumer credit Consumer hire Credit brokerage

              Right To Canvass Off Trade Premises:Yes


              Trading Name(s) (Current):

              Clear Your Debt UK Revive Insurance Services

              Issued Date: 22-Oct-2008
              Date Maintenance Payment Due: 21-Oct-2013


              Legal Formation:

              Body Corporate (incorporated inside UK)

              Current Individuals that run the organisation:

              NamePositionOmar Khalid

              Nature of Business:

              Payment Protection

              Current Address(es):

              Address TypeAddressCorrespondenceCYD House, 388, High Road, ILFORD, Essex, IG1 1TL, United KingdomPrincipal Place Of BusinessCYD House, 388, High Road, ILFORD, Essex, IG1 1TL, United KingdomRegistered OfficeCYD House, 388, High Road, ILFORD, Essex, IG1 1TL, United Kingdom

              Historic Address(es):

              Address TypeAddressCorrespondence205, North Street, ROMFORD, Essex, RM1 4QA, United KingdomPrincipal Place Of Business205, North Street, ROMFORD, Essex, RM1 4QA, United Kingdom

              Comment


              • #52
                Re: Defence help - two default notices sent for one agreement

                Originally posted by MIKE770 View Post
                Just a note DN dtd 8th Jan - 4 working days if 2nd class = 13 Jan, then 14 days = 27th Jan to remedy ?
                The second DN was purported to have been posted on Friday 8th January 2010, it would be unlikely for this to be delivered until Monday 11th January or, Tuesday 12th January 2010. Add the 14 "Clear Days" = 25th or, 26th January 2010.

                Was the DN, actually posted on Friday 08/01/2010?
                And if so, by what service?
                2nd class mail or;
                contract mail?

                We have already discussed the matter Re: Banks sending out DN's by 2nd class mail and contract mail.

                If, it could be proven that RBS send their DN's via 2nd class/contract mail, then one could argue that insufficient time was given in order to remedy.

                Thereby, the DN was ineffective, thus they cannot bring the claim.

                Be warned though, that even though they would have to discontinue the proceedings: Abuse of Process.
                A further DN could be served, in order to rectify thier mistake!

                Comment


                • #53
                  Re: Defence help - two default notices sent for one agreement

                  How did things go today?
                  Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                  Negative, I am a meat popsicle

                  Comment

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