MandM
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Everything posted by MandM
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This is what the DN MUST contain..... I have highlighted No1
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More important (if this is their DN) is Sec 88....... IT MUST STATE at the top of the DN that it is indeed a Default Notice Served in accordance with Sec 87 of the CCA. This is on every DN and without it, it just isn't one! I have won before with this very argument. Mike
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cap1 so called dn.pdf Are they saying that this is the DN?
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To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).
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s87 (1) Consumer Credit Act and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)
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squeeze into thin alleys to pay..........
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near Grizzly Adams high up the.......
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You couldn't make it up!
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It's hardly surprising. UK Debt Collects director is a chap called Nigel Marsh. Formerly of Armitage Credit Control. Obviously a very honourable chap as you can see here >>> http://www.edp24.co.uk/news/debt_collector_nigel_marsh_promises_to_turn_over_a_new_leaf_as_he_agrees_to_repay_15_000_to_firms_across_the_uk_1_1538699 And just for balance here's his current Directors info >>> http://companycheck.co.uk/company/07400599/UK-DEBTCOLLECT-LIMITED/directors-shareholders#people-summary If you click on his name and follow the links you'll find his 'directors history' which shows his former life at Armitage. The man is, it seems, a predator. So his references to 'prey' hardly seem surprising. Mike
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Eviction date 9th DEC //// HELP *Eviction Stopped*
MandM replied to deebs76's topic in Home Repossessions - successes
Well done. Enjoy Christmas. -
Eviction date 9th DEC //// HELP *Eviction Stopped*
MandM replied to deebs76's topic in Home Repossessions - successes
I hope the advisor has a lovely Christmas. Good luck today. I sincerely hope it goes well for you. Mike -
I'd say yes if the account period that you are looking for coincides with your time spent living at a previous address. As your post #161. Now I've read it again properly
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DSAR should give you a copy of ALL info they have on record for you regardless of how far it goes back M
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bound shut with whiskers and lashes........
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box and help from band aid.........
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Hi tezza, Have a look at the info on the Liberty site >>> http://www.yourrights.org.uk/yourrights/the-right-of-peaceful-protest/ It should tell you most of what you need to know. Mike
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the sun don't shine for me.....
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who is the boss and who.........
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our credit is shot but we.....
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OK. Have put a request out for AndyO to take a peek in and give a valued opinion. Mike
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Just one point......When making your application to set aside do not fall into the trap of putting too much emphasis on their failure to respond to your CPR 31.14 request. They will argue that, due to the value of the claim, it was obviously going to be SCT so therefore they are not compelled to respond to a CPR31 request. And they would be correct. The judgement is incorrect. IMO you need to base your application around that. Hopefully somebody with knowledge beyond mine will assist with the wording. Mike
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And (in theory at least) it can be removed just as easily should you set aside successfully. M
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And do what DD says. Certainly no harm in trying and it will only give you more ammo if it comes off. M PS You're a long way from bailiffs visits yet
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Hi big1636, So are you quite happy that this IS a case of mistaken identity still and that you have no connection to the debt? If so, these are the rules that apply to setting aside judgement >>>> CPR Rules - So, 13.2 seems not to apply (MUST set aside) but 13.3 might (MAY set aside) The fact that you have written to Restons and pointed out that you have no knowledge of the debt could help. Let's await some guidance from those that know, I'm sure you'll get plenty of help with this. Mike
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