Has this account been terminated?

[Loser4u]

I had court action started on behalf of OC with an invalid default notice.

I sent in my defence and they submitted their reply.

Then right at the wire they wrote to the court to discontinue all of the claim. (I have a copy of the notice of discontinuance and the original default notice.)

 

They have since wrote to me to request payments and I pointed out their balance is incorrect as they terminated the account with an invalid default notice. The balance due is the amount of arrears at the time the default was issued not the amount they quoted and this amount has now been paid.

 

So they have decided a new tack now of issuing a new defult notice for the full arrears outstanding - had they not sent an invalid default notice.

 

Am I right that the court action is proof of termination of the account?

No termination letter was ever sent.

Edited November 12, 2009 by Loser4u

[silverfox1961]

Hi,

 

Tricky one this. In the absence of a termination letter,it has to be assumed the account was still active meaning they could send a new and valid default notice (if it is valid). You could post up the new default notice and let the good people here pick it to pieces.

 

I would send the OC a SAR. Apart from getting back your statements and other stuff, they should also include a breakdown of how your account was run and show screenshots from their computer system. If the account was terminated, it should show on there.

 

fox

[hungrybear]

Hi,

 

 

I would send the OC a SAR. Apart from getting back your statements and other stuff, they should also include a breakdown of how your account was run and show screenshots from their computer system. If the account was terminated, it should show on there.

 

fox

 

Ask for this explicitly in your SAR letter or your (possibly/probably) wont get it.

[supasnooper]

IMHO, it's a shot in the dark into scaring you into making a payment.

 

If the claim has been discontinued, then they will struggle due to re-start another claim thanks to "Res Judicata".

 

They could re-issue as many DN's as they like, however, it is too late now, as they should have had all their ducks in a row before they started their legal action.

[Loser4u]

IMHO, it's a shot in the dark into scaring you into making a payment.

 

Not a chance they should have carried on accepting the reduced payments and not tried to go for the court action

 

If the claim has been discontinued, then they will struggle due to re-start another claim thanks to "Res Judicata".

This was my thinking

 

They could re-issue as many DN's as they like, however, it is too late now, as they should have had all their ducks in a row before they started their legal action.

 

Is it worth bothering to reply to the new DN.

 

If I do it will be alongs the line of thanking them for the recent correspondance

1. however I would like a copy of the agreement this refers to as this account terminated when original default notice expired and they took the original court action

 

or

 

2. Account satisfied as default notice invalid so only the amount of arrears at time of this default notice is due and payment in excess of this has been made.

 

Point 2 was my original defence that they decided to discontinue on

[hungrybear]

i may go with a variation of 1. Bemused on the basis that you have no current agreement with them that you are aware off

 

.... which then allows your 1 and then 2 as future positions.

[supasnooper]

Although it is tempting to reply to the DN, I would just ignore it.

 

They know the law just as well you do

 

If the creditor is MBNA, they usually send a notice similar to this one -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2489776.html