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Received Demand Letter, Illegal Rescission?


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I have previously received a faulty default notice for a loan account from LTSB, due to the postal strike on the day it was supposedly printed and posted it didn't give me 14 days to rectify. I have now received the letter at the following link from SCM demanding full payment. Does this letter constitute a termination of the account and thereby an illegal rescission of the account?

 

http://i761.photobucket.com/albums/xx259/fordvanman/SCMDemandWithoutdetails.jpg

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No as I understand it, they would need to send you a DN and then terminate your account for any unlawful rescission.

 

That simply looks like a formal demand for payment? How much are they asking for you to pay? The full amount?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka,

 

Yes they are asking for the full amount outstanding and they have already sent me a defective default notice for this account but not an actual termination notice. I wondered if asking for the full amount was in fact an act of termination?

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Mini

 

I think I read something in another thread that confirms what you have said.

 

Does anyone have a template to deal with faulty DN and termination without giving requsite time to rectify DN's requireements?

 

BD

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Ignore them. if you have recieved a invalid DN then for goodness sake ignore them until you receive something that confirms they have terminated the account such as termination notice or a notice of assignment. ONLY THEN, do you write back to them confirming your acceptance of the unlawful termination of the agreement, that way they can not issue another DN to make up for the original one being invalid as the account is terminiated and they can only issue a DN on an account/agreement when it is still in place or if your agree (youd be a idiot too) too them reinstating the account.

 

So if you send anything to them now regarding the DN when chances are the account has not yet been terminated (and your taking a big risk just by assuming it has been terminated when you have no written confirmation to back that assumption), all your going to be doing is shooting yourself in the foot by informing them the DN was invalid and they will simply just issue a new one.

 

So ignore them and just wait for now, cos they cant enforce it in the courts due to the invalid DN so theirs not alot they can do and their likley to sell it (the account) to a DCA if they have already been using one and once they sell it then thats means they have terminated it but you wont know for sure until unless you receive a notice of assignment.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

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Teaboy2

 

I agree - do NOTHING until after the termination or notice of assignment - by which time - as you say - they can't re-issue a corrected DN.

 

I am in this position - and getting chased by 1st crud - What I need is a template quoting chapter and verse about why they can only get the arrears oustanding at date of DN or termination (which?).

 

Has anyone got a template - or a copy of a successful letter in these circumstances?

 

BD

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I have just found this similar thread in legal-issues http://www.consumeractiongroup.co.uk/forum/legal-issues/240573-surely-its-defective-dn.html

 

The post by diddydicky would seem to suggest that a letter from the OC demanding full payment is indeed a termination.

 

Could the site team throw any light on this situation?

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