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ladybird74

Abbey terminated loan account

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Received letter stating they are terminating loan account and passing to dca or court.

 

They previously sent me dodgy default notice, uk mail and arrived days after letter dated. Asking for arrears to be paid.

 

Then received termination notice with no money figure listed.

 

Have not yet received a statement listing balance as now zero which I know means selling it on.

 

Account is also in dispute and being dealt with by the fos at the same time as them terminating it.

 

Does that mean they can only now ask for the arrears?

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Any one. Not trying to get away with anything, just they have treat me appaulingly and wondered have what they done meant they have unlawfully rescinded?

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Why is the default dodgy? Is it possible to post up? How long did they give to remedy the default? I'm no expert on this by any stretch but a similar situation is forcing me to read all I can on defaults and unlawfully rescinded agreements.

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Just that the default notice gave a certain time to remedy the default and as it was sent ukmail which took about a week, have to check dates and notice not handy at present, I phoned them and told them it should have been first class to make those dates and next thing even though have ongoing dispute through fos, they then terminated the agreement.

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The date of receipt is deemed in law to be 2 days after the date on the letter if posted by 1st Class mail and 4 days after the letter if posted by 2nd Class mail. The time to remedy the breach must be 14 clear days (that is straight days - not working days) after receipt of the Notice. Take into account non- delivery days - Bank Holidays and Sundays. If they have given insufficient time to remedy the breach then terminated the account, they have caused unlawful rescission and could only them claim any arrears.

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I did ring them when received it so they can verify when I got it by sar if needed. Just hoping I got the dates right, will check tomorrow. Thanks.

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