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stereophonicsfan

Is This Termination of Account? Please help!

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Hi Everyone

 

Have mentioned this in several posts but it hasn't been answered directly and it is essential to my rescission of contract argument to fos.

 

Does this mean the account has been terminated?

 

'This offer (of reduced payments) has been accepted subject to regular reviews, however the payments are insufficient for us to keep the account open.'

 

Does this count as termination of the account in that my defective DN would allow them only to claim arrears?

 

Many thanks in advance. Hope someone can clarify this for me.

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They may say they won't keep the account open then have done nothing about it. I wouldn't assume it has been terminated on that basis. Write and ask them if the account has been terminated and the date of termination.

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I would think that 'payments are insufficient for us to keep the account open.' means they have closed the account (i.e. you no longer have credit facilities) but they may not have necessarily terminated your agreement with them. Write & ask them.

 

If you're certain that your DN is defective, they are only entitled to arrears when they terminate your account (which you will need to prove in court) You can be certain this has taken place when/if they send you a demand or summons for the whole balance.

 

However at the moment it seems they are content to accept token payments & until such time as you default on those, the situation will probably continue until you have paid your balance in full (or died) or they pass it on to a DCA.

Edited by foolishgirl
amendment

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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It was passed onto Equidebt not long after this letter who had it up until September 2008. Would this mean that the account had been terminated? I have sent an SAR but this probably won't come back until after the fos have dealt with it.

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Probably but depends on whether Equidebt were just acting as collection agents or if they had been sold the debt outright. Did they ever demand the full balance?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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All the letters I have ever received have only had the full balance on them. In Sept 2008 the debt went back to the bank and has stayed there ever since. I can't pay anything off even if I wanted to as the bank says the account is closed.

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Suggest you either write & ask them if they have terminated (& if so, please provide copy of letter they sent with date of term. etc.) or wait for the next step, prob. LBA or summons.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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