Invalid Default Notice

kittiej

If you believe the DN to be dodgy and you've had a TN then write to the company and say you accept the TN.

I have done this with Welscum and haven't heard a peep out of them since and this was February.

Have you PM'd 10past6?

Jamesf81

Hi

Thanks for the advice, appreciate it.

No it isnt Welcome its Balckhorse. I defaulted on the agreement due to circumstances, it was never intentional and i have wrote to them on 4 seperate occasions to arrange a payment plan for the arrears or come to an arrangement they agree with but they ignored the request each time. I felt i did all i could to put the arrears right but they didnt seem to want to help. Everything is documented too.

From what i have managed to gather so far i beleive there is case law which refers to an inaccurate default notice.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1998/1209.html&query=woodchester+and+lease&method=bexercise his rights under oolean

Basically the judge on appeal ruled that the default notice has to be accurate otherwise the creditor can not exercise his rights under Section 87 of the CCA. With this been the court of appeal county court judges have to follow this ruling in similar cases.

The amount needed to remedy the breach is not just a few pounds out it is a substantial amount out and therefore inaccurate.

Thanks

kittiej

So has the account been terminated definitely then?

Jamesf81

Yes have received termination in writing from them, they are now demanding the car and the outstanding balance for the remainder of the contract.

This is where Section 87 comes in as if the default notice is proved inaccurate, which it clearly is then they lose all rights under it.

Have gone through my statements a number of times and same result each time.

climbintheladderouttadebt

Morning James! Well you seem to have found even better evidence than I have, that's great! Will you be writing to accept the unlawful recission of the account now? Please keep us updated! (I've not found much info on the faulty DN subjuct on MSE so to have your story to follow would be great)

Best of luck!

Jamesf81

Hi

Yes i think the next step will be to accept the termination on the account then take it from there after seeing what they decide to do next.

Also the figure i mentioned that they are out is not including charges they have added. If they add those too it will be £800 out of what the actual balance owed is.

Jamesf81

I have today received a county court claim form in relation to the agreement.

climbintheladderouttadebt

OK, I'm not very clued up on this. But I think you need to put in some form of defence now, right? Are you able to get help from a solicitor? I'd advise getting all your paperwork together, your arguments etc. and seeing what case you have, how to proceed. Have you posted up on consumer action group? They are good at court stuff over there I think.

Hopefully someone more knowledgeable will be along here soon! Will be watching out. Good luck!

Jamesf81

Hi guys

Am i right in thinking that a loan agreement for Insurances is totally seperate from the HP agreement? As in my agreement they are detailed in different sections and refer to each other as individual agreements.

Also what are the consequences for a creditor presenting the court with inaccuarte figures in their POC.?

Thanks Guys

kittiej

James

If I were you I would send a PM to 10past6 asap and ask them to have a look at your situation.