Invalid Default Notice

Jamesf81

Already have Kittiej other day

No reply as yet

Jamesf81

Hi

Dont suppose anyone has anymore advice on this, just need to make sure i get it right what i am saying.

Thanks

Jamesf81

Hi

With regards to an ackowledgement of service form which gives you 28 days is it Form N210 that is the correct one?

Also a Subject Access Request takes up to 40 days. Can i request all the information i require to be sent immediately due to me needing it for my defence. If so how do i request it?

Thanks

Jamesf81

Anymore advice on this post and issuing of a defence?

Thanks

Jamesf81

Hi

A while since i posted on this.

I Submitted my defence to the court and they never turned up. Received discontinuance from them a few weeks later on the grounds that the default notice was defective therefore they had no legal basis to form a claim.

All good and well until.... i recently received a further default notice for the agreement they terminated in July 2010.

There explanation was that as the agreement was terminated on the back of a defective notice then it was unlawful therefore the agreement exists.

It is my view that once an agreement has been terminated then it stays terminated. The fact they did so on the back of defective default notice simply means they have no right to claim under Section 87 of the CCA.

I also believe they are doing this as to re-isue legal action on the original claim they would need the permission of the court which for the reasons above they would not get.

Anyone have any views on this?

Thanks