Reinstate a terminated contract

[chez262]

Hi,

 

Can anyone please tell me if I have a case?

 

My contract was terminated unlawfully (no DN sent instead, a TN was sent 21 days after 1st missed payment)

 

They have now terminated for a 2nd time and I wish to challenge them on the grounds of the 1st termination however I have one concern...

 

When I received my TN, I totally bottled it as I obviously weren't expecting it so I called up and make the one months payment I was in arrears. I then sent them a letter requesting a payment holiday (of which I've still had no reply) but they have since sent out a missed payment letter, a DN and a further TN.

 

I presume they will argue that I have acknowledged the contract as being reinstated... my argument is that that lulled me into a false sense of security and used their power to bully me into paying by terminating the contract.

 

Please advise, I'm desparate

[GamekeeperToPoacher]

Hi Chez,

 

Are you sure that the second DN is any good

 

Have you CCA'd and did they supply an enforceable CCA?

 

GK

[chez262]

Hi GK,

 

Thanks for the reply.

 

I am told in another post I have on here, that the 2nd DN was in fact not in the prescribed form but I'm not sure why that is

 

I also asked someone on here what a CCA was and whether it would benefit me but I was advised to send them an SAR. I don't know what an enforceable CCA is sorry.

Edited April 30, 2009 by chez262

[GamekeeperToPoacher]

Hi Chez,

 

On reflection your other advice about a SAR might be better but I also wonder whether it might be best to go down the CPR route as it looks as though it will end up in court and it could save you a tenner lol

 

I would recomment that you postyour DN with the personal bits removed so that we can take a gander. If the DN is wrong then you could end up only having to pay the arrears claimed rather than the whole sum.

 

GK

[chez262]

[chez262]

This is the DN sent before the 2nd TN.

 

I paid the arrears after the 1 month arrears after the 1st TN anyway so if that wins in court I owe nothing however, I have paid nothing since then and I'm now in 3 months arrears.

 

Therefore my major concern is what constitutes a reinstatement of a contact once terminated in a court of law?

 

My letter after the termination is requesting a payment holiday, as I was forced into that position by them with their bullying. Until I found this site and realised they couldn't do that! However will they use that against me?

[GamekeeperToPoacher]

Chez,

 

Do you still have the envelope that the DN was sent in? When did you receive it?

 

Are the dates 5th and 25th I am not sure?

 

I am sorry I cannot help with the remainder of the pose but hopefully someone will come along.

 

If they don't try hitting the triangle over there

 

GK

[chez262]

Thanks GK,

 

I didn't know I could rate people

 

Any help at this stage is appreciated!

 

Cheers

Chez

[GamekeeperToPoacher]

Thanks Chez we are here to serve LOL