Frightened about my future

mouseann

never-in-doubt wrote: »

Ann

You need to keep the official default & termination notices that will look like the following examples:

- Default Notice: http://i44.tinypic.com/2qa5wds.jpg

- Termination Notice: http://i43.tinypic.com/ok3ih2.jpg

So, based on the above two documents, can anyone spot why anyone attempting to obtain a CCJ would lose their case?







Ok, i'll explain....

Look at the temination notice, what date has they suggested the default notice was sent? Now look at the default notice and notice the issuance date?

That is how you get a CCJ set aside and that is why maintaining a paper trail is paramount!

Hope this helps explain things...... :cool:

Thanks Niddy,

Will make sure that the paper trail is immaculate - haven't thrown anything away!

savingwannabe

Mr Nid i hope you are doing some chilling too! You need to rest a bit too.

swanfan02

mouseann wrote: »

Thanks Niddy,

This is very reassuring!

I am certainly looking forward to it all being "done and dusted"!

My only slight concern is that I am going to back to my son's for nearly 3 weeks in about 6 weeks time. Hopefully, any communication which arrives while I am away can wait until my return? The stuff waiting for me today certainly could wait - not sure whether I will receive anything more urgent than that?

Why don't you redirect your post to your sons house? I think the minimum period is 1 month but you would simply contact them 4 days before you are due to leave your sons house & cancel the redirect.:D

never-in-doubt

di3004 wrote: »

Thanks for that Niddy

There is another part as well, think this is just procedure not sure.....

APPENDIX - YOUR RIGHTS UNDER SECTION 78 OF THE CONSUMER CREDIT ACT 1974

Compliance with section 78 is achieved simply by sending you a current version of your agreement but we understand that some customers wrongly believe that they are entitled to an original signed copy of the agreement.

You will note that section 78 refers to the requirement to provide a copy of the executed agreement.
The executed agreement is the document which has been signed by or on behalf of both parties or, in other words, the original signed - see section 189 (1). The copy of the executed agreement, however, is the copy required to be sent by virtue of section 63 of the CCA.

The form and content of copies of agreements (including those provided under sections 63 and 78) are prescribed under the power contained 180 of the CCA which authorises "...the omission from a copy of a certain material contained in the original..." This provision therefore enables copies of documents to differ from the original signed agreement.

CONSUMER CREDIT (CANCELLATION NOTICES AND COPIES OF DOCUMENTS) REGULATIONS 1983.

The regulations that have been enacted under section 180 and which set out what information needs to be contained in the different copies of documents are the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (CNCD Regulations). Regulations 3(1) of the CNCD Regulations provides for the general obligation that all copies of executed agreements must be "true copies" of the agreement.
The CNCD Regulations then set out of the content may be omitted from or altered in any such "true copy" so, when creating a copy of the relevant executed agreement which must be provided under the CCA, a creditor may exclude, amongst other information, any signature box or signature or date of signature. Since the relevant copies may be altered as permitted by the CNCD Regulations, it is evident that "photocopies" of the original signed agreement do not need to be provided.

Hiya

I am going to strip all this down and put a response in context, here: Template to Lloyds TSB - Upon their claim they have satisfied s.78

It is ongoing (ie taking me ages to do) cos it is a BLOODY NIGHTMARE (:p)trying to counter argue so many finer points of the act especially cos they flit between the CNCD and CCA all the time. Bascially if it is post 04/07 then yes, they can take a recon to court but you can defend it demanding an original - however as you cannot hide behind s.127 (unenforceable) this then becomes a civil case as to prove the actual enforceability based around contract law - which is why the OFT backed out of their pursual of this in what would have changed the act altogether!.... wimps!

So at present the lenders are confusing the acts within pre 04/07 agreements which obviously confuses everyone. If you have an agreement prior to April 2007 then you can utilise s.127 which means for a judge to actually pass judgement then the lender MUST have an original, if the agreement was after April 2007 then they can take a recon to court, and it would then be for you to prove that it was like the original and compliant.

Ergo, we don't tend to get involved in post April 2007 agreements as the lender tends to win - or at least the judges tend to actually find in their favour, as they are confused by all the legislation.

Make sense? (I'ts extremely confusing)......

never-in-doubt

swanfan02 wrote: »

Why don't you redirect your post to your sons house? I think the minimum period is 1 month but you would simply contact them 4 days before you are due to leave your sons house & cancel the redirect.:D

Nooooo - do not do this this! It can wait matey

never-in-doubt

savingwannabe wrote: »

Mr Nid i hope you are doing some chilling too! You need to rest a bit too.

I'm working all night

swanfan02

never-in-doubt wrote: »

Nooooo - do not do this this! It can wait matey

:silenced::silenced: (Swanfan goes back to lurking mode):rotfl:

mouseann

swanfan02 wrote: »

Why don't you redirect your post to your sons house? I think the minimum period is 1 month but you would simply contact them 4 days before you are due to leave your sons house & cancel the redirect.:D

Thanks Swanfan,

This is certainly worth considering.

My only concern is that I am keeping my situation secret from my son and would hate him to find out about my situation.

Will think about it nearer the time!

never-in-doubt

mouseann wrote: »

Thanks Swanfan,

This is certainly worth considering.

My only concern is that I am keeping my situation secret from my son and would hate him to find out about my situation.

Will think about it nearer the time!

It is not worth considering Ann, seriously things CAN wait. This is why I said this: #4201

savingwannabe

Nid, have you ever been normal?

genuine question. honest.