Help Claims Form Received From Northridge Finance

[DeBilde]

Anymore info from anyone?

 

Thanks

[diddydicky]

Anymore info from anyone?

 

Thanks

 

what information are you still looking for? i thought we had answered your queeries?

[cymruambyth]

The only other avenue is to do a SAR and see what day is shown for the sending of the DN; I have 1 with one date but the SAR shows the day after, which in your case could mean the difference of Friday to Monday for delivery.

[DeBilde]

what information are you still looking for? i thought we had answered your queeries?

 

I just wanted to know if it was only the date that was defective and the rest of the DN was OK? If, so do I enter this as my defence for a CCJ which I am expecting anytime?

 

Also, I will SAR them now to see what I can get.

 

Thanks

[cymruambyth]

Are there any charges included in the sum?

[DeBilde]

No it is just the arrears.

 

Do I go with the defence if insufficent time to pay and let them prove they sent it 1st class if indeed they did.

 

Also made several offers of reduced payments, including from CCCS but they have turned them down everytime.

 

Thanks

[Bigdebtor]

The arears is just missed payments.

 

Did not save the envelope so not sure of the postage, how would they prove it went 1st class?

 

They terminated the agreement last week and they have passed it to their legal team.

 

My Credit Rating is not so good missed payments etc... but no defaults as yet (except this one of course)

 

I don't think I have seen in here when you actually got the letter? If you can remember exactly when it was delivered and if it definitely did not arrive on 4 or 5 Feb then it is your word against theirs as to whether they sent it 1st or 2nd class - assuming they do claim it was 1st class. You got one letter - they send out hundreds - mostly 2nd class in all probability - so who is more likely to remember this specific letter more clearly? Will they bring the post guy who specifically remembers it going out 1st class as a witness?

 

It also seems to me the best they will get is an order for you to pay what you can afford every month - which is exactly what CCCS was trying to get agreed. I take it it will be dealt with as a Small Claim - so no need to worry regarding legal fees?

 

If so, I would just let them "bring it on" - and defend on unlawful rescission and see what happens. Now your credit rating is shot you really have nothing to lose.

 

I would write again to offer an affordable monthly payment - and ensure you log date of letter they send back, date of postmark if any and date of receipt of the reply. That way you have established if they do send anything out 2nd class and cannot therefore swear the DN was definitely sent 1st class.

 

I also note the DN itself is not dated - just the covering letter. Is this a show stopper?

 

BD

[diddydicky]

No it is just the arrears.

 

Do I go with the defence if insufficent time to pay and let them prove they sent it 1st class if indeed they did.

 

Also made several offers of reduced payments, including from CCCS but they have turned them down everytime.

 

Thanks

 

they dont have to "prove" that they sent if first class- they have to sign an affidavit that it was POSTED first class

 

unless you have the envelope it came in- or from the SAR you find information to suggest it was not sent first class then you are likely to be onto a loser as far as disputing the method of posting is concerned.

 

your only hope here would be to get them to declare which postal carrier they used since if it was send by a carrier such as UK mail- their first class service is not the same as royal mail first class and possibly the ability of the person signing the affidavit to haevb first hand knowledge of the first class posting

 

which is why it is important (other caggers) to keep all envelopes no matter how insignificant the contents- as they can build up to show to a judge which carrier the creditor normally uses for its mail delivery

[diddydicky]

No it is just the arrears.

 

Do I go with the defence if insufficent time to pay and let them prove they sent it 1st class if indeed they did.

 

Also made several offers of reduced payments, including from CCCS but they have turned them down everytime.

 

Thanks

 

i also have the feeling that even if they were able to sue you in court for just the arrears- they would then be "b88gered" for being able to come back to court again for the balance

[diddydicky]

The DN clearly states (9and is therefore a pre dated termination letter), that if you fail to remedy the arrears then they WILL terminate AND claim the entire balance of the account

 

the proposition therefore that they would only be suing you for the arrears- is poppycock

[DeBilde]

The DN clearly states (9and is therefore a pre dated termination letter), that if you fail to remedy the arrears then they WILL terminate AND claim the entire balance of the account

 

the proposition therefore that they would only be suing you for the arrears- is poppycock

 

Sorry, what does this mean?

[DeBilde]

If the letter was sent 1st class and arrived on the 4th (Friday) the 14 clear days start on the 6th meaning payment must be received on or before the 20th (Saturday). I have just discovered that their offices are only open Monday to Friday including the department that payments would be made to.

 

How does this info stand up?

[diddydicky]

Sorry, what does this mean?

 

it means that their suggestion that they will ONLY be suing you for the arrears is a sham

[diddydicky]

If the letter was sent 1st class and arrived on the 4th (Friday) the 14 clear days start on the 6th meaning payment must be received on or before the 20th (Saturday). I have just discovered that their offices are only open Monday to Friday including the department that payments would be made to.

 

How does this info stand up?

 

it makes no difference

 

you have 14 clear (running) days starting the day after service to remedy the default

 

the fact that weekends are included are not relevant

[DeBilde]

it makes no difference

 

you have 14 clear (running) days starting the day after service to remedy the default

 

the fact that weekends are included are not relevant

 

Even if you could not make payment on that day?

 

I really need to have a hunt for the envelope it came in.

 

Thanks

[DeBilde]

it means that their suggestion that they will ONLY be suing you for the arrears is a sham

 

Does this work to my advantage then? How would I use this in my defence etc....

 

Thanks again for everyones help and advice

[Bigdebtor]

DB - If you tell us who the creditor is then perhaps other CAGGERS can give info as to whether they got DN's from them sent out 1st or 2nd class. This might help as the "balance of probability" is that they sent yours out the same way.

 

DD - The DN has no date - just the accompanying letter. Is this not a missing prescribed term?

 

BD

[diddydicky]

Even if you could not make payment on that day?

 

I really need to have a hunt for the envelope it came in.

 

Thanks

 

yes that would help (i bet you could kick yourself!)

[diddydicky]

well their POC will include the full balance of the account which would include sums not yet due under the agreement which they cannot claim if they have not served an EFFECTIVE default notice

 

if they have unlawfully terminated the agreement they have no cause of action to claim these sums

 

if you have accepted the unlawful rescission they cannot now serve the required DN since there is no longer an agreement to serve it against

[Bigdebtor]

DD

 

I'm getting confused. I thought that unless this DN was sent 2nd class then it was fully effective - or is it ineffective for other reasons?

 

BD

[DeBilde]

It is Northridge Finance (Bank of Ireland Group)

[DeBilde]

well their POC will include the full balance of the account which would include sums not yet due under the agreement which they cannot claim if they have not served an EFFECTIVE default notice

 

if they have unlawfully terminated the agreement they have no cause of action to claim these sums

 

if you have accepted the unlawful rescission they cannot now serve the required DN since there is no longer an agreement to serve it against

 

Sorry, I am not sure what this means. They terminated the agreement last week, I had a letter from them confirming this and it has been passed to their legal team.

[diddydicky]

ok, this is getting a bit messy so lets tidy things up

 

the default notice is 100% DEFECTIVE as you have posted it- it is not headed that it is issued under s87(1) of the consumer

 

credit act

 

It is therefore nothing more than a "letter" from them and certainly not a valid Default Notice

 

so , assuming you have not blanked that text out- game over- dates are immaterial

[DeBilde]

Sorry that bit is missing from my image not sure why but it is on the letter regarding Section 87 (1) of the Consumer Credit Act 1974.

 

Also on page two it states the following:

 

"This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains

important information about your rights and where to go for support and advice. If it is not included, you should contact

us to get one.".

 

 

Sorry about that, not sure why it did not display it all. Apart from that it is all there on the image posted.

[diddydicky]

ok now it is down to dates

 

IF posted first class the time for remedy is good

 

if posted second class it is defective and thus they have unlawfully terminated

 

I suggest you try and find the envelope and/or get a SAR request off to them in the post like NOW

 

£10 fee

 

SIGN IN (don't bugger about with arguments about not signing it)

 

use the template letter from the templates section

 

send it recorded delivery