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creditcruncha

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About creditcruncha

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  1. Asking again... Guys, two questions: A) If a default notice is issued but is invalid becuase it does not give 14 days to pay, is it automatically invalid or do you have to actually write and state you accept their breach? If the latter, is there a period in which that has to be done? B) If the bank has confirmed they no longer have the agreement, will they still try and have a go at court anyway or is it likely they will not go to court without it?
  2. Bumping in the hope for comments on the two questions in the previous post.
  3. Guys, two questions: A) If a default notice is issued but is invalid becuase it does not give 14 days to pay, is it automatically invalid or do you have to actually write and state you accept their breach? If the latter, is there a period in which that has to be done? B) If the bank has confirmed they no longer have the agreement, will they still try and have a go at court anyway or is it likely they will not go to court without it?
  4. Thanks steve! But what if you have other undisputed debts such as overdraft or loan and only the credit card is in dispute?
  5. If a CCA is in dispute when does the six year limitation period begin to run? At the point of a(n invalid) default notice, at the point of a notice of termination, or when? Also after an invalid default notice if you correspond witht he bank to answer a letter does each time you write them reset the clock? Thanks guys and ladies!
  6. For someone recieving means-tested benefits, an injury claim settlement has to be reported as a change in circumstances. A neighbour is expecting to recieve a personal injury claim settlement of slightly over 7,000 and was advised she must report it but will be entitled a 52-week exemption period in which the amount cannot be counted for purposes of means-tested benfits, so that if in that time she spends naturally and then is left with less than 6,000 pounds it won't affect her benefits. However, she is wondering if she has some overpayment of housing benefit, does the 52-week expemption apply to that as well?
  7. For purposes of determining the date one was last paid (ie for a Tribunal claim deadline), if the last wages were paid by cheque, is the date of payment considered to be when you recieved the cheque or when the funds cleared?
  8. Thanks Johnny & Vint! The consusion is in that the bank is presenting whatever overdraft amount remains available, and some paid-off loan amount, as a 'credit' balances. A) Are these still off-limits to the bank for set-off purposes? B) On another matter, if a default notice was recieved demanding that an alleged overdue amount be paid by a date 14 days from the date on the notice - but the notice was physically delivered 2 days later - is it an invalid default notice? (notwithstanding that the bank had already confirmed it 'ended' the agreement). It appears to have been sent 1st class but the envelope has only a bulk postage permit imprint and no posting date. C) If that default notice was recieved is there any response that should be sent in relation to it and does a response have to be within a particular period of time? D) If the default notice is invalid are they able to reissue a valid notice?
  9. What if some of the overdraft facility not being used shows up as credit balance available on their statements?
  10. OK so if a credit card account is in dispute and no payments are being made on it, and the account holder has a curren account with overdraft at the same bank that, how can the consumer pay off and cancel the overdraft facility in such a way that the bank can not do a set-off against the overdraft and bring the overdraft back to its maximum?
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