link financial - court papers already!!

louietudor

hi yes the default notice is dated 15.11.8

10past6

Within the court papers you have, do you have an N9B form?

On the court papers, where is the claim issued from, is it Northampton?

louietudor

yes i have it

10past6

OK, just bear in mind the statement within my signature.

They've failed to comply to correct legislation within the default notice by not allowing you 14 clear days to fix the remedy.

Because of there quick action, they're in default, this will allow you to submit a defence and counterclaim.

Deal with the defence for now, creating a defence will involve some considerable time, and whilst I'll assist you in creating a defence, it's you that has to face the district judge and present your case.

If you're up for the challenge, let me know.

louietudor

10past6 wrote: »

They've failed to comply to correct legislation within the default notice by not allowing you 14 clear days to fix the remedy.

Because of there quick action, they're in default, this will allow you to submit a defence and counterclaim.

.

sorry to be a pain but could explain this a little for me (plus in my distress ive already completed the bits payplan told me to)

10past6

There is a set procedure they must follow in order to bring any court action, they've breached that procedure, therefore there court claim is crap, now, that's where your at, you have to prove to the judge where they've breached the correct legislation.

If there claim is not challenged, then they walk away winning the case tucked under there arm.

Have you issued that N9A claim to Payplan?

louietudor

no ive not sent it yet - ive done some searches myself (dont want anyone to think i expect someone else to do everythjing for me, plus i like to try get a handle on it all - even if i cant lol) is it this amendment

quote
OFT1002 21
6.3 The date specified in the notice must be not less than 14 days after the
date of service.51 (This period was increased from seven days by the
2006 Act).52 The creditor is precluded from taking enforcement action
until this period has elapsed.

and therefore when the letter they sent 11.12.8 giving mne 7 days should have said 14 days

sorry if im wrong and confusing things

10past6

louietudor wrote: »

6.3 The date specified in the notice must be not less than 14 days

That's all you need, have you issued the N9A to payplan?

louietudor

no ive not sent anything to payplan yet as i cant get to the post offce today

so they sent a default notice on 15.11.08 giving me until 7.12.8 to clear the arrears which i did not so they then sent another letter dated 11.12.08 where they gave me notice and demanded i pay the arrears within 7 days or the full amount would be due which i did not - however due to the amendments in 2006 to the consumer credit act 1974 they should have given me 14 days not seven ( and even if the 14 days started counting from 7.12.8 the date requested on the default notice its still less than 14 days - even though i did not pay it??) and therefore they have not followed the correct default procedure and the default is invalid (and they cant take me to court without a vaild default) - phew knackered now:eek:

ps could they not just say it was a typo and i did not pay it anyway??

10past6

louietudor wrote: »

ps could they not just say it was a typo and i did not pay it anyway??

They could, but the legislation they need to follow does not allow for typo errors.