12 Default Notices for the Same Debt

[lookinforinfo]

A relative of mine has been pursued by his finance company [HP loan] for over two years. The monthly paymen should be a smidgin under £400 per month and while he has many missed payments, the majority of the Default Notices are for only for around £300. Each of them say they may close his account but they are now taking him to Court next month. He has paid well over half of the payments as well as paying additional fees and charges for late payment.

 

In addition the figure includes PPI payments despite him being self employed.

His CCA looks ok and all the Default Notices follow the same pattern. The dates appear Ok though if they go 2nd class some might be tight.

 

Have not been on this site too often just recently but in the past I seem to recall that DNs were supposed to be a precursor to litigation and not a means to blackmail people into paying each month. No Default appears on his Credit Report despite him not complying with the necessary payments within the due dates though he has paid over £8000 within the last two years.

 

Can they do that-[lawfully I mean] issue 12 DNs in 30 months or so?

[dx100uk]

well if its not showing on the cra no worries.

 

however, i would reclaim the charges and the ppi at there int rate compounded, then add 8% stat.

 

dx

[r&b]

hi LFI,

i wonder if, with all the charges, PPI etc, your relative may try for equitable offset if its applicable, should this get to court?

couple of threads that dealt with that previously:

 

1. http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html

2. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/128428-requesting-advice-mums-behalf.html

[lookinforinfo]

Thanks for that guys.

Not sure about going for an equitable offset as I am hoping that as a result of a major error on one of the DNs I will go for a cancellation of the hire purchase

agreement as the Judge may decide to stay things over bank charges until that Court case is resolved.