Default notices

jon1965

Hi
Ok so I have been having something of an argument on another thread with someone basically around enforceability of debts. That is not the question I have here.
In another thread Simon the poet made a good point that if a faulty DN was issued the account could not be terminated on that basis and as such a new "good" DN could be issued at any time. Therefore this was no defence in a court.
My question is..
A creditor issues a bad DN, then sends a notice of termination based on that and finally issues court papers.
So you go to court and say to the judge..M'Lud, this is wrong as the DN is bad and therefore the account can't be terminated so why am I here...please award me costs etc.
What can the creditor do?

Equally in the Carey judgement , Judge Waksman said that the original was needed for enforcement so while a recon may be ok for the purposes of a S77-79 request it is not enough t enforce?

Of course I am talking about pre 2007 agreements

chanz4

re-issue another notice and restart the process, not hard

SeanG79

As the respondent, surely upon summons you would advise the complainant of the faulty DN prior to court appearance, unless you are hoping to "waste" time, the complainant would then issue a new notice and proceedings would restart...

nottoolate

http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html

jon1965

Interesting but not being a lawyer hard to read.
I take it that having given a faulty DN a company can not gain summary judgement on the grounds of default termination BUT also the debtor can not claim damages.

jon1965

It's ok I have now googled for an explanation and I had read the key points correctly. It was an interesting read and puts the meat on the bones, also shows that some of the answers to my questions are far from accurate or complete. Maybe anyone who has a real question should ask Paul or Niddy