Co-op Bankruptcy Petition

[42man]

OK, well this goes back to what we were talking about C2K...the fact that they have issued legal proceedings before serving a default notice on you....I need to find something in the Consumer Credit Act to verify that taking legal action before issuing a default notice is wrong/unlawful

[42man]

Did you keep the envelop the DN came in ? When did you receive it ? The date of the letter is the 25th ? (Did you receive it on the day they typed it ?) probably not....they ask you to remedy by the 9th December.....unless they served it on you the day they typed it then it doesn't give 14 clear days in which to remedy the breach !!

[C2K]

Did you keep the envelop the DN came in ? When did you receive it ? The date of the letter is the 25th ? (Did you receive it on the day they typed it ?) probably not....they ask you to remedy by the 9th December.....unless they served it on you the day they typed it then it doesn't give 14 clear days in which to remedy the breach !!

 

Thank you 42man, the DN was received on 27/11/09, the envelop that came with no stamp, no date and not franked but just printed with a small line saying "UKML 667529203", don't know if this means something. My concern is that how should I respond to this if any.

[42man]

A tough one...you could allow them to terminate, (to the extent that they have terminated on the back of a fault DN) once terminated you would have no credit agreement with them....(so in effect they can't issue another default notice as that would be pure fiction)....on the back of a terminated agreement (with a faulty default notice) it could be an unlawful recission of contract -

 

• 3 - Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)
  

[C2K]

A tough one...you could allow them to terminate, (to the extent that they have terminated on the back of a fault DN) once terminated you would have no credit agreement with them....(so in effect they can't issue another default notice as that would be pure fiction)....on the back of a terminated agreement (with a faulty default notice) it could be an unlawful recission of contract -

 

• 3 - Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)
  

 

Sorry I am a bit confused here; this action (or no action) would only help me fighting assuming they failed to acknowledge my request for a legible copy of agreement and still served me a DN, whilst this is still in dispute.