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  • The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

    The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

    Legislation.gov.uk

    web page. The Whole Instrument

    http://www.legislation.gov.uk/uksi/1983/1561/made
    or
    http://legislation.data.gov.uk/uksi/....htm?wrap=true

    pdf. The Whole Instrument

    http://www.legislation.gov.uk/uksi/1.../made/data.pdf
    Last edited by CAPS ESC; 11 April 2013, 06:14.

  • #2
    Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

    Ok. Have gone through this. Question?
    Does a Formal Demand for Payment mean that the OC has effectively terminated the agreement?

    Comment


    • #3
      Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

      Nope.... not by a long shot
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

        Ok. Thanks.
        Now if the Original Creditor has marked your account as "charged off". Does this amount to termination of the agreement?

        Comment


        • #5
          Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

          Yes you'd think so.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

            I have been thinking about this all day.
            If the account is charged off, on the back of 2 defective default agreements.
            Where does this leave the original creditor?

            Comment


            • #7
              Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

              Originally posted by Enforcer View Post
              I have been thinking about this all day.
              If the account is charged off, on the back of 2 defective default agreements.
              Where does this leave the original creditor?
              with a charged off account and two crap defaults id say

              Comment


              • #8
                Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                Thanks Paul, from your comment, do I take it that they have effectively lost.

                Comment


                • #9
                  Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                  What kind of loan was this ? Credit card, fixed sum ?

                  Comment


                  • #10
                    Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                    Barclaycard. Credit Card.

                    Comment


                    • #11
                      Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                      Then they need to issue a valid DN before they can terminate and enforce on default.

                      Comment


                      • #12
                        Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                        According to Barclaycard, and I quote.

                        You claim that the default notices issued to you were defective as the default notice was served under section 87 (i) as opposed to section 87 (1). May I explain that the i signifies roman numerals and as such indicates a number 1. I am therefore, unable to agree with your claim.

                        Comments please.

                        Comment


                        • #13
                          Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                          Originally posted by Enforcer View Post
                          According to Barclaycard, and I quote.

                          You claim that the default notices issued to you were defective as the default notice was served under section 87 (i) as opposed to section 87 (1). May I explain that the i signifies roman numerals and as such indicates a number 1. I am therefore, unable to agree with your claim.

                          Comments please.
                          If the DN itself actually has the wrong wording then it's invalid as there is a preset style and the terms are s.87(1) - not s.87(i) - huge difference.

                          There is no s.87(i) act - not within CCA1974 anyway. In fact I don't think there is s.87(i) across any formal legislation....
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                            Thank you Niddy.
                            I have printed off the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Statutory Instruments. 1983 No. 1561, Consumer Credit.

                            I will send a copy to Gemma Anderton at Barclaycard. I will also ask her to point out the section that says an i can be substituted for the roman numeral 1.

                            Comment


                            • #15
                              Re: The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

                              Originally posted by Enforcer View Post
                              Thank you Niddy.
                              I have printed off the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Statutory Instruments. 1983 No. 1561, Consumer Credit.

                              I will send a copy to Gemma Anderton at Barclaycard. I will also ask her to point out the section that says an i can be substituted for the roman numeral 1.
                              Quite.....

                              Thing is there is no Act that supports s.87(i). So when you searched for it, upon receiving the DN you got confused as it linked you to a version of the Afrikaans Road Traffic Act.
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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