Dn Abbey National

[intree]

I have received a default notice dated 20 November 2009, giving me 14 days from the date above to repay arrears or further action to be taken, it was received today which is the 27 November 2009, so will now wait for termination and detail their recission of contract.

 

I beleive this is the procedure, please correct me if I am wrong.

 

Thanks

[cerberusalert]

It's defective, they haven't allowed for postal service. Also they haven't stipulated a remedy date.

so will now wait for termination and detail their recission of contract.

yes.

[intree]

thanks cerberusalert - Advice taken:D

[hungrybear]

Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

[intree]

Thank you hungrybear, of course I will not say a word, until they terminate:D

[intree]

please can I have some advice, today I received a letter to confirm that I have not stuck to the agreement and that I owe the full amount, together with a FSA Notice, and a further letter indicating that they will now register the defaults - but no termination letter - so can they reissue a DN and should I stop paying them and just consider the account terminated?

 

Thanks

[loopinlouie]

I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

[intree]

Thanks loopinlouie, I had done everything I could to make arrangements and they just ignored my attempts and told me that they would not accept token payments, so I stopped paying them 1 month ago and will not do so again.

 

Its a help to see that we are both in the same boat as may be many others, so please keep me informed I will do the same too.

 

Hoping they terminate me very soon:rolleyes:

[loopinlouie]

:)Will do.

[diddydicky]

Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

 

thas is past tense

 

thee is the correct word sithee

[diddydicky]

I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

 

have you written and accepted their unlawful rescission?

[hungrybear]

thas is past tense

 

thee is the correct word sithee

 

It was in quotes because it was colloquial northern speak! and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

[loopinlouie]

diddydicky. I havnt written anything, didnt know I should.

 

I did ring them to ask why terminated when I had already told them the default notice was not correct, I know but I had made complaint about manner treat and sold loan from start. Any how they told me dn was automated and out of their control.

 

Waited to hear reply regarding complaint reg with fos and termination notice appeared. Told they plan to sell the account.

 

Should I do anymore. I can show a court I told them they were acting unfairly and they still terminated.

 

I do think the abbey are stinkers in their complaints dept, they apparantly filed my complaint from fos away, without giving me chance to reply. Told dealt with.

 

I did however record the conversations with me informing them they were treating me incorrectly and unfairly and their answer basically was nowt we can do.

 

Do I need to write to them and send copy in ongoing complaint to fos.

[hungrybear]

loop, you do need to write and accept the unlawful recsission. For two reasons one it will focus their minds, such that they have, and two it will let them know that you know that relevant laws.

[babybear39]

Once you have accepted the unlawful recision they can send any number of correct DNs, it won't make a bit of difference

[mkb]

These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute?

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's?

 

c) is there legislation to help the consumer in this respect?

[hungrybear]

These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute? As far as I know 78(6) does not prevent termination. I am pretty sure that the Rankine case could be used to argue that termination as a necessary part of legal action would be allowed

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's? only a non compliant/no DN can lead to unlawful rescission on termination.

 

c) is there legislation to help the consumer in this respect?

hope that helps

[mkb]

Certainly does

 

Thank you.

[hungrybear]

Certainly does

 

Thank you.

 

In a good way I hope, despite that damn badge on your avatar!

 

I assume you were pre-empting a we could not terminate because it was in dispute arguement therefore we can reissue the DN. The first part of the Rankine ruling is all about legal action whilst in 78(6) dispute. The court ruled that 78(6) dispute does not prevent court action PLUS there is not mention in 76 or 98 of contingency on any part of 78.

[mkb]

It was to cover me!

 

Bank terminated loan a/c Nov 09 after invalid DN whilst complaint with FOS re PPI mis-selling. I however, have not yet posted letter to accept their termination & since then they have sent a further invalid DN so think I'd better find that acceptance letter to send (with the original date of Nov on)

 

PS - leave my avatar alone

[loopinlouie]

Thanks for info, will get onto sending letter asap.

[diddydicky]

It was in quotes because it was colloquial northern speak! and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

 

eyupp, tha knows thee stuff

[intree]

i sent Cahhot a SAR in February - just received a load of screen dumps from 2000 onwards including the application process - which is again a screen shot, they have failed to send me any agreement or any reference to a DN or even a made up agreement - does this mean that this account is now in dispute again?

 

why on earth do they send all the screen dumps yet no agreement, especially as all the screen dumps show my new address, when I had opened this credit card acc, back in 2000 at another address in another county.

 

All advice greatly appreciated

[intree]

bump for advice

[fuzzybobble]

bump for advice

 

You're better to start a new thread of your own for help. This one hasn't been posted on since before christmas 2009, so you're unlikely to get many people seeing your post and giving advice.