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Is this a Valid Default Notice??

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Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    The DN is invalid due to non compliance with required legislation i.e., not allowing you 14 days to remedy the breach, because your were in arrears at the time the default was issued, didn’t mean the remedy couldn’t be rectified by a 3rd part i.e. friend / family.

    Do you agree with the amount on the DN?

    Does the amount include any excessive charges / disputed PPI?

    Should you have an outstanding claim / dispute re excessive charges / miss sold PPI, the claimant CANNOT include those amounts within the DN, if yes, they’ll strengthen your case when claiming the DN is invalid.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • DeBilde
    DeBilde Posts: 87 Forumite
    Hi thanks for the reply.

    The total arrears is just arrears no charges or PPI etc....

    Is this invalid for both 1st and 2nd class post?

    Is the date the only reason it not valid?

    Thanks
  • thechippy
    thechippy Posts: 1,938 Forumite
    It's invalid 1st or 2nd - don't let them know this though...........;)
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • thechippy
    thechippy Posts: 1,938 Forumite
    Another thing,

    You need to send them a letter stating that although not happy, you accept thier unlawful rescission of contract. (Don't tell them why) and keep the letter brief!

    If you make any more payments, or do nothing, the agreement could be classed as enduring. Agreements are unilateral and as such, you need to "AGREE" it's ended / terminated.....:D
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • DeBilde
    DeBilde Posts: 87 Forumite
    Thanks for this, really appreciated.

    Will send them a letter today and send recorded.

    I will probably back for help with my defence
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