No Default notice.

asherd10

Sums in arrears is not the same as default
A default can only be issued after a default notice.
Like I said many times now, they did not provide a copy of the default notice they claim to have sent. And I cleared my sums in arrears on 25/04/18 so regardless of whether they sent the notice in December or not, I was no longer inDefault when they defaulted my account on 31/08/18 I had been in arrears for 3 months, NOT default. what they should have done was send me a default notice on 31/08/18 then they could have defaulted my account 14 days later and I would have nothing to say. But they didn't.
And yes it is a public forum, but when it's not helpful, it's just wasting time. On that note, you can post as many messages as you want to, I will no.longer reply to you.

[Deleted User]

Sums in arrears is the account defaulting inevitably.

They may well have issued a notice, you’re just claiming to have not received it - if they can produce a copy of said notice, as said before, then this is sufficient.

December 2017 til April 2018 is 4 months of non-payment - more than enough to default an account especially since you made no effort of communication to them.

The number of months is irrelevant.

asherd10

Does anyone else have any constructive input.

[Deleted User]

LOL - “I didn’t like the answer (read - truth) I was given so I’m gonna look for someone else to be on my side”.

Yawn...

asherd10

Thank you to Sourcrates and boo_star, your answers were very helpful and confirmed what i was thinking regarding this case. I appreciate your time.

asherd10

Bottom line... a default notice is required.

[Deleted User]

Bottom line - they can still provide a copy of one despite you “not receiving it”.

asherd10

Last comment on this...
The judge asked the claimant where the default notice was 30/08/19
The claimant was unable to provide it.
Maybe it will magically appear in the next hearing. I have requested access to all my data through a subject access request, so if they sent one. It will be In there. If not then it was never sent and their claim that it was is misleading. They were ordered by the judge to disclose everything to me by 26th July 2019, In their cover letter included with the bundle on 23rd they state that they have included the default notice along with sums In arrears, statements, the reconstituted agreement, and notice of assignment...everything else is there but the default notice is not. I wonder where it could be?

asherd10

I believe that was the whole point of this thread...they have not provided me with a default notice preemptively or retroactively. They can reprint statements from Sept 2017 so it shouldn't be that difficult to provide a default notice from Dec 2017.... If one was actually sent. Plus I was no longer in default as of April 2018. The question is was the default notice for my sums in arrears or was it for the entire amount.. if it was the entire amount I don't have a leg to stand on, if it was just the sums in arrears then I do. Which is why it is of utmost importance that they produce the notice.

asherd10

And now get this. I remember speaking to to the credit card company on the 30/08/19 when I wanted to find out how to request a copy of the default notice. They asked me to confirm my account details and when the guy asked for my account number I read it from the statements the claimants had given to me in the court case. He said he did not recognise that account number. I just figured it was because my account was closed. But after having all these messages back and forth I started thinking about my defence more and suddenly realised that the account number might be wrong.. soooo, I dig up a folder I haven't used in years and there are just 9 pieces of paper from the credit company...but on 5 of them it confirms...the account numbers don't match. I'm saved