Thanks BB and DX for the information ,even tho no one can tell the outcome of something if i stick to my guns over this do you think they will cave also if they didnt and it went to court even tho some judgements are in the favour of the creditor when there is a defective D/N. Would the judge be more likely to rule in my favour because they ended agreement within the date on D/N thanks maxedout

Thanks DX . Any one with any ideas about questions in post 61 thanks maxedout

thanks DX what advised letter?

Hi again. recived letter this morning dated 16th november saying as i didnt pay the amount due by the date shown on the notice they have ended my credit agreement, and are going to transfer my account to a debt recovery agency. Default notice dated 2nd november, 16th november to rectify.14 days but no time for posting.Even tho they ended the agreement on the last day of the default notice have the terminated unlawfuly because i was not given full 14 days and if i had been should they have waited until the 17th to terminate as the 16th was one of the 14 days.If any one knows what i mean lol and what should i do please . maxedout

M2ae I thought they could stick your name and address on it if it was a recon thanks maxedout

When a judge rules on a case such as the above ( woodchester lease etc) .like the duff DN if there is a hearing that is much the same and a previous judgement is quoted does the judge have to take it into consideration or does he have to rule the same.Thanks maxedout

That rocks thanks dx so basicly they are shafted as of now ?. i will prob need bit more help further down the line if thats ok . thanks maxedout

Thanks dx, i dont doubt you for one min but would you be able to point me to where this is stated. So if they close my account after the 16th i should thank them and just pay the arrears. Is there some sort of route i should be following not to mess this up and would it wash in court if it came to that? thanks maxedout

Bazooka Boo thanks for the help, letter date 2nd november and they state arrears must be paid befor 16th november.Isnt that 14 days tho.I cant see anywhere where it states you have 14 clear days thanks maxedout.

If the default notice is defective what are the implications of this? Thanks maxedout

Hi sorry to butt in i just had a default notice dated 2nd november on the letter and it says iv got untill the 16th november to rectify is this correct if not where do i stand many thanks Maxedout

Any one please

Hi they sent this and a copy of resent terms and conditions calling them reconstituted terms and conditions many thanks Maxedout.

Thanks Rebel 11 if i post up what they sent would some one take a look please thanks Maxedout

Hi all i wonder if any one could help as i have read a lot about unenforcable cca"s and reconstituted agreements and read some judgements. Now the OFT have come out with what they think they should contain, so now im not at all sure and wondered if someone could clarify things. I requested a copy of my cca under section 78 and have also requested a sar to Halifax. I have recived a copy of my signed application a statement of account and what they call a reconstituted terms and conditions. There is no signature on the recon terms and conditions. On the application it states apr @ 21.1% on the recon it states standard variable per annum compounded @29.95. or 26.48 simple per annum. On the recon default charges are £12.00. On the application min cash advance charge £1.50 on the recon it staes £3.00 The recon also states online service security .Our on line service is secure. The application is dated 1994 i would not have thought the Halifax had online accounts back as far as this. The point im making is they are sayiny this recon is fully enforcable and they have satisfied their obligation. I dont think they have and dont think this is at all enforcable. Could someone please advise many thanks Maxedout

Wouldn't you like to see in your terms etc the bit about the apr for lifetime of balance and how it changes to standard apr if you default or would it be better holding this back .if and when it went to court it would then be obvious they have not supplied a true copy?as there is no mention of this in what they have sent?

Hi all sorry to jump in here but can somone tell me or point me to a thread where it explains why it is better to defend than try to get a credit agreemeant proved unenforcable thanks.

Hi Bigdebtor. what do you mean by MBNA (2) 2007 35% short settlement £7000. Did they accept 35% of the balance or did you pay the balance minus 35%,and what is short settlement. Thanks Maxedout. .

Hi, sorry to butt in but could someone point me in the right direction for a letter to a dca pointing out that no cca or response to a sar was ever recived befor debt was sold passed on to them from original creditor. Thanks.

ok sorry didnt mean to hijack thread. just thought someone might have idea.

Hi, had letter this morning from Marbles saying for me to phone them because they could possibly give me a settlement figure which would reduce the balance on my cc.If they do not hear from me within 7 days they will pass it on to a debt collection company.I have ccad them ages ago only got back an application form so stopped payments.Anyone with any thoughts on this?

Thanks haggis .Could you please do that anyway.

Any ideas on post 1562 anyone?

Thought he was only dealing with s77/79 and not s127(3).