No Default notice.

boo_star

asherd10 wrote: »

I'm saved

How so? You owe the money, you need to prove that you don't to get it set aside. The account details being "wrong" doesn't mean you don't owe the money.

sourcrates

boo_star wrote: »

How so? You owe the money, you need to prove that you don't to get it set aside. The account details being "wrong" doesn't mean you don't owe the money.

This is the point I’ve been trying to get over to the OP.

Whatever went on prior to judgement is now irrelevant, to obtain a set aside you MUST have a defence, the judge will only look at weather the debt is owed, or not, it’s a pretty simple yes or no.

The fact a default notice may or may not have been sent, cuts no ice on its own when a set aside is been considered.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

[Deleted User]

Unfortunately OP is fixated with the Default Notice (or supposed lack thereof).

asherd10

guys calling me OP
attacking me like your all creditors is not helpful at all.
for sourcrates and gary dexter. my last comment was not about the default notice.
for boo_star the only one who actually read before posting. i do owe the company a debt, but not the amount they are claiming, they sent me 12 months worth of statements each and everyone has the wrong account number. they also sent me the screenshot of their internal system as mentioned earlier, which is supposed to prove they sent me a default notice. Well, that account number is also wrong and does not match mine or the ones that are on the 12 statements.
one can only assume that they sent a default notice to the address linked to that account, but that account is not mine, therefore if the statements are linked to someone else's account number and the default screenshot is linked to an entirely different account number. they have made a mistake in bringing this claim against me. I'm sure someone owes them the amount they are after, but it is not me. I would not let my account default after receiving a notice.
you know, you guys are pretty harsh with your comments and what's worse is they're not even always correct.
if i put your logic together. a creditor can pursue court proceedings without sending a default notice, without providing said default notice for examination and they don't even have to have the right account. (i only have the one btw) As long as you owe a debt, you owe a debt (doesn't even have to be the specific one they are claiming for). that's suspect to me and its taught me not to use forums for serious questions. *I advise anyone who is seeking advice to just seek experienced legal help and forgo the forums.*

[Deleted User]

This is confusing.
Do you owe the money or not?

sourcrates

asherd10 wrote: »

if i put your logic together. a creditor can pursue court proceedings without sending a default notice, without providing said default notice for examination and they don't even have to have the right account.

You appear to be changing tack now, having been fixated on the lack of a default notice, are you now saying that this debt is not even yours ?
Because if you are saying that, then you are going about this in entirely the wrong way, you would have a defence in that this is not your debt, the lack of default notice, although a technical breech of protocol, is but a sideshow here, but it can be used to back up your defence, you let the thread drag on to #35# comments before telling us the crucial fact the debt is in fact, not even yours.


Creditors can do all of the above yes, the opportunity to defend the claim comes with the claim form, if that is not returned, for any reason, then the creditor obtains judgement by default, this is the system we have currently.

asherd10

I no longer require advice on this matter. i now have solicitors who have shown an eagerness to take this on.

Willing2Learn

asherd10 wrote: »

I no longer require advice on this matter. i now have solicitors who have shown an eagerness to take this on.

Please could you return and let us know the outcome. Whether you have a positive or a negative outcome would be invaluable information for other MSE users. Thanks

Please also confirm whether your defence is either "no default notice" or that the account is not yours.

asherd10

Willing2Learn. I will do that

[Deleted User]

Solicitors?
What a waste of money when all this could be sorted for free or minimal cost compared so solicitors fees.