I'll bow to Clapham Saint's legal interpretation of "servicing" the CVA. However I'm a technical guy, not a legal eagle, so to me this seems something of an analogy to Schrodinger's Cat.
It could be argued that they ARE servicing the CVA because they don't appear to have broken the agreement yet.
It could also be argued that the circumstances are such that they have no intention of paying anything, so therefore are NOT servicing the CVA.
Unfortunately we won't actually know if the cat is dead or alive until the box is opened in April 2012. Either way, I'll bet the cat's crapped in the box.