Does a Termination Notice HAVE to be issued after DN

[joemay]

I'm not an expert but as you already know they have not given enough time to remedy. Have you checked the arrears amount, does it have charges included?

 

I'm sure more knowledgeable Caggers will be along soon to answer your questions.

[alfwithhair]

A Default Notice from what I understand must pass the requirements of section 88 of the Consumer Credit Act 1974, and the period of 14 days is an express requirement of section 88(2).

Also without section 87 in their back pocket they cannot demand the early repayment of a sum that was due after Termination.

 

But, provided they have a compliant and properly executed Agreement they would only be able to claim for any sum that was due before and up to the date of Termination, such as any valid Arrears.

 

Do you mean the arrears from the issue of the invalid default to the termination of the account? ie 1 month?

[cerberusalert]

The arrears up to the default notice. With them closing the account they have in effect cleared the remaining balance.

[cab1ne]

Do you mean the arrears from the issue of the invalid default to the termination of the account? ie 1 month?

 

the arrears on your termination states £498.00 so i would think that would be it,

[alfwithhair]

the arrears on your termination states £498.00 so i would think that would be it,

 

I am getting a bit confused here, not difficult for me LOL

 

Cerb says

"The arrears up to the default notice. With them closing the account they have in effect cleared the remaining balance".

 

That was £329.00

 

But as you say the arrears on the temination notice are £498.00.

 

The balance owing is increased on the TN to that on the DN. Can they keep adding to the balance after the DN.

 

I am a bit thick sometime and don't see the simple answer. LOL

[cab1ne]

as the saying goes "It Aaint Over Till The Fat Lady Sings"

the termination is definately the fat lady here lol!!!

[cab1ne]

I am getting a bit confused here, not difficult for me LOL

 

Cerb says

"The arrears up to the default notice. With them closing the account they have in effect cleared the remaining balance".

 

That was £329.00

 

But as you say the arrears on the temination notice are £498.00.

 

The balance owing is increased on the TN to that on the DN. Can they keep adding to the balance after the DN.

 

I am a bit thick sometime and don't see the simple answer. LOL

 

confusing it is but as i have learn't the default is a warning to put it right (but i will stand corrected) and the agreement is still live, but when it is terminated it is dead so i think it could be the terminated figure that would be challenged

[alfwithhair]

confusing it is but as i have learn't the default is a warning to put it right (but i will stand corrected) and the agreement is still live, but when it is terminated it is dead so i think it could be the terminated figure that would be challenged

 

So what would be the best plan of action here.

Write to MINT and tell them their DN is pants and shift the default off my credit files?

 

I have not seen any letter templates on this kind of situation.

or CCA them to see if they have anything enforceable, I would presume the CPR route whould be best searved for this purpose or will be going round the houses for years with blank agreements and T&C copies.

 

If I can get them to admit they have cocked up and can only legal claim the arrears can go for the jugular then.

 

Great advice everybody by the way

[cab1ne]

look at it another way

if it is 329.00 as on the DN = £7302.83>>>>>>>>>> "GONE"

if it is 498.00 as on the TN = £7302.83>>>>>>>>>> "GONE"

 

not bad for miss-calculating the royal mail lol!!!

[alfwithhair]

look at it another way

if it is 329.00 as on the DN = £7302.83>>>>>>>>>> "GONE"

if it is 498.00 as on the TN = £7302.83>>>>>>>>>> "GONE"

 

not bad for miss-calculating the royal mail lol!!!

 

Sounds good to me LOL.

So how am I going to achieve this?

Anyone got a plan of action.

Anybody gone down the route?

[cab1ne]

Sounds good to me LOL.

So how am I going to achieve this?

Anyone got a plan of action.

Anybody gone down the route?

 

one thing i have learn't on the cag site.

S.A.R or C.P.R is a pretty solid course of action to take

[cds]

I think cpr can only be used if you are threatened with court action, if you haven't you will just get the brush off. SAR takes 40days and costs £10. I would cca them and see what turns up and only costs £1, you know you've got them by the "b......ks" anyway.

 

However don't be in too much of a hurry to show them your hand its better to go to court as a defendant if it gets that far.

 

cds:cool:

[alfwithhair]

I think cpr can only be used if you are threatened with court action, if you haven't you will just get the brush off. SAR takes 40days and costs £10. I would cca them and see what turns up and only costs £1, you know you've got them by the "b......ks" anyway.

 

However don't be in too much of a hurry to show them your hand its better to go to court as a defendant if it gets that far.

 

cds:cool:

 

Aye, point taken. Think I will CCA them, see if they come up with anything resembling an agreement.

[fuzzybobble]

Alf, you have left your name showing on one of the scanned documents.

[alfwithhair]

Alf, you have left your name showing on one of the scanned documents.

 

Must of missed that one

Cheers Mr Bobble

[fuzzybobble]

Must of missed that one

Cheers Mr Bobble

 

Luckily everyone else did too.

[Fred Bassett]

Luckily everyone else did too.

 

I didn't. G Brown, 10 Downing Street. £175 billion in debt. Tut tut.

 

Fred