elrib
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Posts
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thanks Andy I will wait and see if they start proceedings E
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how do I update Andy,
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hi mike yes it was brown, I was going to reply and let them know that this default notice is invalid as it was on an account that had been terminated and been through two court cases already. e
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Hi All Update. received letter from Chivers Easton who act for Aktiv, ie bases of letter is that a Default notice was served on me and I have 14 days to settle account or proceedings will be issued without further notice. I am thinking of replying but not sure how much detail I should go into with regards to the default notice and what I would defend this on. Any ideas would be gratefully appreciated. Thanks all
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thanks andyorch, I was standing on the line of which way to go. and you are right going to sit back and see what they do next, I will post up when ever I hear from them, Thanks you and others for their input.
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Hi all Thanks for the info so far. I am now thinking on sending a letter to DCA and would appreciate an input in what best to put in the reply letter to the default notice.
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hi andyorch The agreement was terminated in writing from Egg. then two court cases where the DCA also stated it had been terminated, one concern is that they will report me to the CRA again for the same debt, the old one is off now as its gone past 6 years. if they did that it could be a night mare to get it removed I think. Just wondering whether to write to them and tell that they can not default me for same debt twice or wait and counter claim. Thanks all.
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Thanks Ford. No not look at no win no fee but will check it out, anyway I will see if any other advise come along, but what ever, I will defend again if I have too, if that get away with this then it just means they will keep taking others to court until a judge agree with them, I shall keep you updated on out come.
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thanks Ford I will wait and see if anyone come up with any other opinions,
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Hi thanks for the info. It seem clear that the default notice is for a live agreement and not used for one that is terminated, I also see it states notice of 28 days should be given before default to CRA, not 18 as in default notice. Now would it be better to reply to the DCA and tell them that the Default notice is invalid and why I think so including you can not default the same debt twice. Doing this could they just change this one and send out another. Or should I wait and let them take me back to Court and counterclaim for damages,
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there is a date for when the balance is to be by, ie before 16th April 2014. Letter was dated 25th March. sent first class. the expiration of 18 days is for when they will report me to CRA. The copy of the letter is what I received I have only took of Header and footer and took out account No and amount. This was drawn up and sign by the Legal & Compliance Officer from the DCA,
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hi Bazooka The amount is the full outstanding amount, and there is no date for when they will Default. other than 18 days from date of letter.
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hi all the attached letter is the one sent, what I was trying to find out is whether you can default a terminated agreement. thanks
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Thanks for your reply. I will try and upload letter with header and footer removed also any id info. This was original an Egg card, that's who put default on CRA and Egg Terminated the agreement at the same time. It was then purchase by Aktiv that's who I have been to court with twice now, going again I think would be an Abuse of Process.
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Hi all Looks like in for round three, I have been re-issued with a default notice for the full out standing debt from the DCA in their name. it say if I don,t pay full amount by such a date then they will report me to the CRA, this has already been reported to CRA back in 2006 by OC. and then start legal action, can they do this again. how can i be in breach of an agreement which was terminated then dragged through 2 court cases both I won. Any thoughts on best way forward. thanks
