Account Defaulted 30/08/09 - faulty DN sent 20/03/09 - unlawful recission?

[meerkatsmimm]

Hi all,

 

I've got a question about DN's.

 

I received my DN back in March, it is improperly executed, asks for full balance, and gives 14 days from date of letter for resolution.

 

Thing is the account has only been defaulted with CRA's on 30.08.09.

 

Is this deemed as a termination of an account after serving an improperly executed DN and therefore unlawful recission of the contract?

 

Is defaulting with the CRA's equivalent to termination?

 

Thanks,

 

meerkat xx

[Pinky69]

They cannot ask for the full balance without issuing a lawful DN - it is a breach of S 87(1) of the CCA 1974. Do they say on the DN they will terminate the account?

[vint1954]

There are a few creditors doing this at present.

 

As pinky says

 

1. They must issue a complient DN, requiring you to redress the breach by a given date. That date must be 14 clear days from service. Service is 2 days after posting for 1st class mail, 4 days for second class mail and UK mail.

 

2. Termination notice must be issued requesting the ballance in full.

 

I don't think that they can request the full ballance in a DN, because to do so would be termination.

[teaboy2]

i am currently in a similar situation with MBNA credit card in which i have a thread on here about it.

 

1st they issued me a default nitced dated 12 august 2009 that was sent by UK mail so should have allowed upto 4 days from the day after posting for me to recieve it. it was actually recieved on the 18th august and they had given a deadling of before the 29th august to pay in full meaning the latest inwhich i could pay would have been the 28th of august. So it invalid as i did not have the full 14 days in which to remedy the situation from recieving the notice to when the dead line was, instead i had just 10 days.

 

Then last week i get a phone call from a dca demanding payment i disputed the debt stating the default notice was invalid and ask when there client had purchased the debt from MBNA, they told me the debt was purchased in july 2009. meaning the account was sold and terminated by MBNA prior to issuing a defualt which ment they of committed an act of unlawful recission of contract along with and unlawful issuing of a default notice on a account in which there is no longer a valid contract. becuase in order to sent a Default notice there need to be a valid contract in place.

 

So i phoned MBNA up and first person i spoke to confirmed that the debt was sold on the 23rd of july 2009 but had to pass me to someone else to dicuss the default notice. the person she passwed me on to denied the account had been sold on the 23rd and instead told me the contract was terminationed on the 23rd july and account sold on the 17th august, and claimed the defualt notice was valid based on what hed just told me.

 

So yu can all see that they dont have clue as even if the account wasnt sold to the 17th august it was still sold prior to the defualts deadline making the default invalid. plus the fact they claim to have terminated the account on 23rd july meaning there was no longer a contract in place in which a lawful default could be issued upon.

 

But the fact the DCA and the first member of MBNA staff both told me the account was sold in or on the 23rd JULY 2009 confirms that the second member of MBNA staff was bull****ting. Also i had not recieved a termination notice or a notice of assignment.

 

So my advice to the OP will be to look at what date you recieved the DN and work out weather u recieved the full 14 days from the day you recieved the DN till the day before the deadline as i can gaurantee it will say on your DN that the deadline is before the date of so so. if you havent had the full 14days then its invalid if you have not recieved a notice of termination of agreement then dont do anything just ignore the DN and wait for a DCA to contact you then ask the DCA when the debt was bought if the debt was bought prior to the deadline date on DN then yes it is unlawful recission of contract in which they are liable to pay damages of upto £1000 to you if you took them to court. if not but you still didnt recieve the full 14 days on the DN then the DN is invalid then the debt is still unenforceable in the court. if you do recieve the notice of termination and the dn is invalid simply write back that you agree to the termination of the agreement and then suck it to them with the by the way your default notice was invalid bacuase of so and so reason and as the contract/agreement is now termiantated then you can not reissue another Default notice as you would need my permission to reinstate the original agreement to do so. therefore the debt is now unenforcable. also advise them that since the default notice is invalid that they are to removed any notes they place on your credit record with the credit records agencies.

 

apologies for the bad spelling and grammer but i got a migrane.

Edited September 19, 2009 by teaboy2

[alfwithhair]

Did the default notice have a different account number on it?

Who is the DCA? Cabot?

[teaboy2]

Did the default notice have a different account number on it?

Who is the DCA? Cabot?

 

Are you asking me or the original poster?

[alfwithhair]

Originally Posted by alfwithhair

Did the default notice have a different account number on it?

Who is the DCA? Cabot?

 

Are you asking me or the original poster?

 

teaboy2 the question was aimed at

[teaboy2]

Originally Posted by alfwithhair

Did the default notice have a different account number on it?

Who is the DCA? Cabot?

 

 

 

teaboy2 the question was aimed at

 

yeah the account number on the defualt was mine so it was the same but then i only had one credit card with MBNA, i only spoke to the DCA over the phone and i didnt catch their name but i do have a contact number for them, and they said their client who bought the account from MBNA was varde investment limited or somthing sounding like that. will probably know more when i get a response from MBNA by the end of this week i hope.

[meerkatsmimm]

Hi All,

 

had a few stressful months - mr meerkat had a heart attack at start of sept and now the little meerkat is unwell!

 

Anyway - all quiet on the creditor front so to speak.

 

Just wanting clarification - is a default with CRA's deemed as the account having been terminated?

 

I've not received anything from NW stating the account has ben terminated or defaulted but it clearly has been with the CRAs.

 

Thanks,

 

meerkat xx

[vint1954]

Hi All,

 

had a few stressful months - mr meerkat had a heart attack at start of sept and now the little meerkat is unwell!

 

Anyway - all quiet on the creditor front so to speak.

 

Just wanting clarification - is a default with CRA's deemed as the account having been terminated?

 

I've not received anything from NW stating the account has ben terminated or defaulted but it clearly has been with the CRAs.

 

Thanks,

 

meerkat xx

No, you need a clear termination from NW, either a TN, sell the account or last resort is requesting the ballance in full.

 

Vint

[meerkatsmimm]

Hi Vint,

 

The original DN requested full balance - is this enough?

 

Thanks

[vint1954]

Hi Vint,

 

The original DN requested full balance - is this enough?

 

Thanks

Wel it is certainly enough to make the DN faulty.

 

Have you posted the DN anywhere?

[meerkatsmimm]

Hi,

 

Yes - hope this takes you there...

 

http://www.consumeractiongroup.co.uk/forum/nationwide/193958-meerkatsmimm-nationwide-cc-default.html#post2098638

 

Please also note - there are 2 DN - 1 from feb 2009 & 1 from march 2009

 

meerkat xx