Is this a Valid Default Notice??

DeBilde

I have recieved this default notice, is it in the prescribed form and do I have enough to rectify the breach?

Thanks

DeBilde

2nd page

RAS

This only requires you to pay the arrears, not the full sum.

have you got the letter demanding the full sum?

DeBilde

No, the only other letter since is to tell me the Agreement has be terminated as I failed to rectify the breach detailed in the Statutory Default Notice.

They also go on to say that they will begin legal action against any surety.

DeBilde

Can anyone advise?

thechippy

Is that the WHOLE of page 1 ??

DeBilde

No it is missing the 1st line (crap scanner) saying Default Notice under Section 87 (1) of the Consumer Credit Act 1974.

Apart from that it is all there.

thechippy

Was there a date on the dn itself, apart from where it has been signed?

thechippy

Ok, from my initial look.....

....the remedy date should be at least the 25th, allowing for post and weekends. It should be 14 CLEAR days.
In one part it states payment BY 21st and in another BEFORE 21st...:rotfl:

When did you actually recieve it?
Did you keep the envelope it came in?

I would say it's loo paper and they've terminated the agreement on the back of a faulty DN. Unlawful rescission of contract, so they can only claim the arrears up to the date of the dn and not the balance.

For a second opinion, pm a member called 10past6

Silly bank...........:D;)

DeBilde

thechippy wrote: »

Ok, from my initial look.....

....the remedy date should be at least the 25th, allowing for post and weekends. It should be 14 CLEAR days.
In one part it states payment BY 21st and in another BEFORE 21st...:rotfl:

When did you actually recieve it?
Did you keep the envelope it came in?

I would say it's loo paper and they've terminated the agreement on the back of a faulty DN. Unlawful rescission of contract, so they can only claim the arrears up to the date of the dn and not the balance.

For a second opinion, pm a member called 10past6

Silly bank...........:D;)

I think I received it on the saturday. Not sure if I can the envelope, going to have
a look for it.

The only date is on the 2nd page where the signature is.

I will PM them now

Thanks

DeBilde

Thanks for all your help so far. Is it looking like I will have a defence if a Court Papers are received?