ccj to with welcome.now dispute

[stepwayne]

right i know you're busy post and to be honest i don't want to frazzle my limited braincells for thursday.

 

i'm off all day tomorrow to get prepared,

 

could you let me know best times to catch you,

 

i'm sure i'll have questions?

 

gotta have a break for rest of tonight.

 

how do you do it post?????

 

committed doesn't cover it.

 

thanks again and to all

[BEBOBEBO]

Good luck for Thursday Mate!

[emanevs]

good luck!

[postggj]

Wayne

 

Chill

 

The Reason You Got That Email Was Irwin Mitchelle Spotted The Agreement Was Crap

 

Its All There In My Witness Statement

 

All You Need Is A Judge On Thursday Who Has Had A Good Day At Golf Or Got His Oats To End This

 

Irwin Mitchelle Are Now Worried They Will Have To Explain To Welcome Why They Lost This Debt And No Charging Order

[mark1arby]

Way to go Wayne! Best of Luck!!!

[pwg6565]

Good luck Wayne !!!!

[BEBOBEBO]

Wayne

 

Chill

 

The Reason You Got That Email Was Irwin Mitchelle Spotted The Agreement Was Crap

 

Its All There In My Witness Statement

 

All You Need Is A Judge On Thursday Who Has Had A Good Day At Golf Or Got His Oats To End This

 

Irwin Mitchelle Are Now Worried They Will Have To Explain To Welcome Why They Lost This Debt And No Charging Order

 

Got his Oats Love it but your right!

[pears23]

good luck for thursday

[stepwayne]

ok i'm on and i said i wouldn't be. just showing wife where we stand. thanks for all the messages of support.love you all.xxxxx

now i'm gone until tommorrow.

[dawnytrish]

Good luck for Thursday..

Go get em....

[stepwayne]

thanks dawny

[stepwayne]

ok, one thing i don't quite get is the default notice thing.

 

"The default noticedoes not conform to the default and termination regulations,being an actual date needs to be inserted to rectify the breach, not a numerical date."

 

is this refering to saying 14 days instead of a date?

isn't this obvious when that is because of the date of notice at top:

i.e Date of notice 13 october 2009?

 

just want to be clear thats all.

[ozzywizard]

is this refering to saying 14 days instead of a date?

isn't this obvious when that is because of the date of notice at top:

i.e Date of notice 13 october 2009?

 

 

 

Yes it should have a numerical date, and the point of this is because it is not ovbious, it has to be understandable to somone who knows nothing, to say "within 14 days" leaves it questionable, does it meen 14 days from date at top ? or 14 days from date received ? or somwere in between ? working days or not . . . . it has to be exact so everyone reading can only have one conclusion regardless of knowledge etc . . . the only true way to be exact and set in lehman terms is to specify numerical date. . .

[stepwayne]

thanks for clearing that up ozzy.

[ozzywizard]

No probs Wayne, good luck for tomorrow. be sure to update . .I get the feeling that their will be a few good results soon

[beyondhope]

I also thought it had to allow for 'service' so saying 14days from the date of this letter isnt sufficient as it doesnt leave enough time (got that from invalid default thread)

[ozzywizard]

I also thought it had to allow for 'service' so saying 14days from the date of this letter isnt sufficient as it doesnt leave enough time (got that from invalid default thread)

 

That is also a very valid point, that intergrated with the above does make a strong case, however none of this is set in stone and down to interpretation so will always come to the judges decision on the day.

[beyondhope]

Absolutely Ozzy! Alone it isnt enough (from what ive read on here) but you are armed with enough bits and pieces that it may very well be the straw that broke the camals back

[postggj]

to true

 

its 14 days and 2 for service

 

if the default notice date is on a friday, service does not start (the 14 days) until the following monday

 

sat is not classed as a working day for the regs

[postggj]

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

[stepwayne]

should i just say it has no date so it doesn't conform to default and termination regulations.

[stepwayne]

is this from 1974 consumer credict act again?

[postggj]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

its those regs not the cca 1974

 

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

read it again

 

a date, being a date

[stepwayne]

got it thanks post

[stepwayne]

well, i think i have everything. what i know now is more than i knew yesterday. what i know tommorrow will be more than i knew today.

what welcome will know tommorrow is they've lost....

Hope i'm right anyway, need that confidence, and i'm getting there.

thanks guys.