Is a Default Notice Required???

[Helpmeoutplease]

Hi I'm trying to find some information on if the claimant must prove that a default notice was served and produce an original copy at court?

does anyone have any opinions on this?

also does anyone no of any other threads that are being defended on the fact of no DN.

any case law that backs this up?

 

Many thanks

[The Mould]

Hi I'm trying to find some information on if the claimant must prove that a default notice was served and produce an original copy at court?

does anyone have any opinions on this?

also does anyone no of any other threads that are being defended on the fact of no DN.

any case law that backs this up?

 

Many thanks

 

OK, Helpmeoutplease,

 

Are you in receipt of court papers?, if so, what are the particulars of claim?

 

In order for a claimant (Creditor) to proceed with a claim, a valid default notice must be issued/served on the debtor pursuant to CCA 1974.

 

Woodchester Lease Management Services Ltd v Swain & Co-case law.

 

The claimant would have to disclose the valid default notice to the court, especially if the debtor defends the action.

 

Anymore details on your cicumstances, would be very helpful, so we can point you in the right direction.

 

Well, if you can up-date, then please do.

 

Kind Regards

 

 

Mouldy

[banker_rhymes_with]

Hello H!

 

It's a bit of a wide question.

 

There are many Threads on CAG that cover the general issues. The seminal Thread is by Surfaceagentx20:

 

A Tale of a Dodgy DN

 

The primary case at the moment relating to Default Notices is:

 

Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1998 )

 

Once you have the general idea, then you should be able to work on your strategy if they either don't have one, never had one, can't find the one they did have, or have invented one recently to cover for the one they never had, or cocked-up when they did have the opportunity to send you one.

 

Do you have a copy of one they sent you?

 

Have you sent them a SAR to see if one pops out of the woodwork that way?

 

If you think you have kept the paperwork, somewhere, then now would be a good time to see if you can find the original copy they sent you.

 

This is just to get you started, there are plenty of Default Notice Threads, and many CAG battles that are fighting the same issues.

 

HTH

 

Cheers,

BRW

Edited April 19, 2010 by banker_rhymes_with
Smiley Zap!

[Helpmeoutplease]

is it up to the claimant to produce the default notice if I dispute the fact that they have never issued one and what would stop them from repoducing one?

[WinOrLose]

On a practical note, I have found that a lot of credit card companies seem to produce a template default notice with a computer print out showing that one was produced. Even though I have not received one.

 

Is this taken as good enough proof for a court that a default notice was sent.

[someone_else]

Yes the banks and DCAs like to 're-create' Default Notices (not that they always get them right either), if you have the original one they sent keep hold of it or try to find it, so you can compare it to the one they produce (provided the one they sent you is invalid).

 

Also if you haven't already send a SAR to the original creditor making sure you ask for the comms log, as whilst the bank will claim not to keep the original default notice their comms log should have a record of it being sent and in one of our cases the information in the comms log conflicted with the default notice.

 

When they get caught re-creating Default Notices one trick they like to us is to claim to have sent both copies to you.

[Hadituptohere]

Sorry for butting in but, what if the DCA claim that they and the assignor didnt need to issue a default as section 87 (1) only requires service of a default notice when the creditor wishes to (a)-(e) and that a default notice is not required where the creditor simply demands arrears (i know this has probably been around the block once already but near to my court day and trying to get this right in my head)

 

Hadituptohere

[Debtcontrol]

My case with Cabot / MSDW has reared this question.

I asked for a DN but they state they don't have to produce it.

Interested.....