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diddydicky

Should i "pull the trigger " now?

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I have a DN issued this month- although it is flawed in terms of time to comply it is also seriously flawed in that it claims the FULL four figure amount of the account outstanding to be paid in full to clear the Breach,

(only 2/3 months arrears on the account since cca'd)

 

they also conveninelty asked me to cut up and return the card which in my opinion converts what was supposed to be a DN into a TN!

 

 

no mention of arrears on the DN (although mentioned in the coveruing letter)

 

The further action threatened is

 

"we may commence legal proceedings to recover the balance"

 

which again IMO confirms this as a demand for the balance since otherwise they would have quoted termination as the consequence of failing to comply

 

My question is rather than wait for legal proceedings or further demands (since this seems pretty clear to me) shall i pull the trigger now and let them know that i have accepted their termination at face value and consider the account closed

 

as follows:

 

 

Dear Sirs

 

Your Ref Account XXXXXXXXXXXXXXX

Thank you for your letter of 17th June 2009. I am at a loss to understand its’ content and your reference to an account which in fact no longer exists.

 

You terminated my account on 8th June 2009 by way of a written demand for payment of the full outstanding balance of the account and demanded return of my card. Since I was unable to comply with your demand I have accepted that the account is now indeed terminated.

 

You will be aware that having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act by first issuing a valid default notice under sect 87(1) of the act ,the amount owing to you will consist only of the outstanding arrears at the time of the termination.

 

I am of course entitled to counter claim compensation as a result of your unlawful rescission of contract which I believe would be greater that the arrears outstanding.

 

I am however prepared to offer to waive my counterclaim in order to dispense of this matter quickly on the terms as follows:- .

 

Within 21 days of the date of this letter you will remove any and old adverse information you may have supplied to any credit reference agencies. You will undertake not to pass any details of this terminated account to any debt collection agency and will mark the account satisfied in full

 

Yours sincerely

 

 

 

the advice of more experienced caggers would be appreciated on this one

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Hello DD!

 

I think I would, but get some more 2nd opinions before firing!

 

Cheers,

BRW

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Hello DD!

 

I think I would, but get some more 2nd opinions before firing!

 

Cheers,

BRW

 

thanks for that

 

my concern was to get it into their heads that i had accepted their termination and could not see the point i waiting for a further demand since this seems pretty clear

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Hello DD!

 

Fire away, but just take a few days extra to treble check you have the muzzle pushed firmly into the banking creature so you can't miss.

 

By that I mean make sure they have blown s87, then let rip.

 

No point prolonging the agony, after all. That would be cruel.

 

Cheers,

BRW

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Just an uneducated opinion here, but I think there is a risk if you let them know they've screwed up the DN before they officially terminated (by sending TN) they might try to wriggle out of it with garbage like "we only said we MAY terminate..." and issue a second DN.

 

Personally, I'd feel safer with them acknowledging the termination before telling them what they're up against. Although if they're anything like amex it'll go over their heads anyway.

 

Totally agree with BRW's comment above:

 

treble check you have the muzzle pushed firmly into the banking creature so you can't miss.

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Yes agree with both comments above-although some of the results we have seen recently ultimately depend on the Judge if it comes to it....meaning on the day they could be in with a second shot.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes agree with both comments above-although some of the results we have seen recently ultimately depend on the Judge if it comes to it....meaning on the day they could be in with a second shot.

 

sorry that was both points in MY post you were agreeing with?

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It was the comments of BRW and shinobi.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi DD

 

Have you had a response from Halifax yet?

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Hi DD

 

Have you had a response from Halifax yet?

 

they confirmed termination

 

#i have written pointing out their many errors and have suggested they write it off

 

the response was a letter from albion

 

my response to albion was "join the queue" when halifax have answered MY letters then i might answer yours

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DD

 

My question is rather than wait for legal proceedings or further demands (since this seems pretty clear to me) shall i pull the trigger now and let them know that i have accepted their termination at face value and consider the account closed

 

1. At a minimum wait until the 14 days have expired before you do anything.

 

2. Before you do anything go back and read the latest T&Cs fully to make sure that there are no terms that you have overlooked. Things to look out for are: does the agreement have anything about service of notices, how does it address arrears, is there anything along the lines of 'prompt payment is of the essence' or words to that effect.

 

What type of agreement is it?

 

Then consider drafting a letter to them.

 

HTH

 

Dad

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Hi DD,

 

Was wondering if there has been any further development.

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Hi DD,

 

Was wondering if there has been any further development.

 

nope, acknowledged thier repudiation and asked for an accurate arrears amount as at time of termination (against which will be my claim for damages for the repudiation) that was weeks ago...

 

response?- diddly squat!

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