Showing results for tags 'recission'.

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Unlawful Recission of Contract

majorclanger100 posted a topic in Debt Collection Agencies

Just wondered whether anyone had a bit of advice/useful comments to make about this one, please?! We've just been contacted by our old mates 1st Credit for a debt that goes back some years. We defaulted back in 2007 and the OC sent a default notice which gave 14 days to remedy, but no allowance for postage, and then we received a demand from a debt collector dated the last day of the 14 days demanding the full amount outstanding under the account. The OC then sent us a letter saying they wouldn't default us if we paid the arrears, but I'd already sent a letter accepting the unlawful recission of contract (honest guv ) We haven't heard a dicky bird from anyone until now, but did do a CCA request back in 2007 and apart from the unlawful recission issue most of the amount outstanding is charges and the agreement is unforceable as it is a multiple agreement and fails on most counts! 1st Credit say the account has been novated to them and therefore they are now the creditors. However presumably once recission has occurred there is no way of resurrecting the agreement for another party? I could use the charges and CCA unforceability as an argument but thought the unlawful recission would kill this stone dead the fastest (not that 1st Credit will probably take any notice of it - that'll be another nail in their coffin when I dob them in yet again :)) Many thanks MC

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