Is this Default Notice valid?

[Kaolin]

Hello, I have a query regarding a default notice from American Express and whether it is valid or not.
It is dated but does not state the date by which payment is required to stop the account defaulting although says payment must be made within 14 calendar days from the date of service of this notice.
I have tried to attach the default notice to my post but an error message says "You are not authorized to create or remove attachments."

The back story to this is I opened the credit card account in 2008 and fell into financial difficulty in 2015 when they defaulted the account. As I was in a bad place, I neglected my post etc. and do not remember receiving the default notice at the time, but I did a SAR to them and this is the default notice from that.

Unfortunately and stupidly, I let everything go at the time and they have a CCJ against me since December 2018.

It’s a long shot but as I’m in a better place mentally and financially and the CCJ still has 2 years until it drops off my credit files, I’m wondering if any flaws with their documentation could lead to obtaining their consent to set aside.

Maybe I’m being highly delusional as it’s been 4 years and I've only paid around a third of the amount. Maybe I’m clutching at straws by thinking there is a problem with the default notice but any advice would be most appreciated on this.

Kind regards,

K

[des8]

Whilst not my normal sphere, the Consumer Credit Act 1974 does require the default notice specify the date by which payment must be made to prevent a default.

I suspect the only way they will consent to set aside will be if you can clear the outstanding debt, but you will have to ask them!

Others might know otherwise

[atticus]

You must apply promptly to set aide a CCJ. You will need an outstandingly good reason to stand any chance now, 3.5 years after the date of the CCJ.

[Kaolin]

Thank you for your replies.

I’ve been further researching CCJ set asides and have seen that the judge has the final say on whether it goes ahead so it probably won't get accepted if promptness is essential because as mentioned it was 3.5 years ago.

I thought CCJs were not able to be appealed once given so I just accepted it and as I mentioned I wasn’t in a good place at the time or for a while after.

Would an invalid, non-compliant default notice be considered a good reason to set aside?

The default notice says “if the action required by this notice is taken before the date shown, no further enforcement will be taken in respect of the breach.
If you do not take the action required by this notice before the date shown then further action set out below may be taken against you.”

But there is no date shown, it only has the date the notice was allegedly sent to me.

Would the time that has passed be important if an issue with enforceability/compliance is later found?

Any advice would be most appreciated.

Kind regards,

K

[des8]

Even if you get the CCJ set aside, if you cannot pay the outstanding amount there is nothing to stop AE issuing a compliant default notice.
If you cannot then pay the outstanding amount they can proceed with another court claim which could end up with you having a new CCJ with 6 years to run
You may be better living with the current CCJ for a couple of years