Credit card defaulted, terminated ... but just received a monthly statement????

[threadbare]

Hi all ...

 

Wondered if I could pick your wonderful brains on this ....

 

I have a credit card, to which the CCA received does not contain any prescribed terms.

 

Which has been raised as a complaint with the creditor ... who has never replied to my letter.

 

Then a default notice arrived .. which was defective due to full amount requested, not enough time to remedy, and other bits were wrong .... I just placed in my file .. said nothing ... and waited...

 

In the meantime chasing letters arrived from the OC internal debt collection dept, to whom I responded with the bemused letter ... as stil no reply to the queries raised regarding the absent prescribed terms in my agreement recieved.

 

THEN .. ignoring my letters stating the account was in dispute, their internal debt collection team sent me a letter telling me that the account had been terminated with immediate effect (being the date of their letter) ... and that the full amount was demanded etc ... will proceed to court .. etc .. etc..

 

I then sent the creditor a letter confirming I had accepted their unlawful repudiation of the account ...

 

Today I have received a statement ... you know the normal ones you get with your CC, which shows what you limit is, what you balance is , minimum monthly payment required for the month, and the date payment should be made by ......

 

So ... I have been advised the account is terminated, but have just recd a statement for an apparent live account .... I'm confused.com !!!!!!

 

Also no response yet to my acceptance of unlawful repudiation .... are they trying to pretend that they didn't send the dodgy dn and letter of termination, so they can do it again and get it right ... (by the way I didn't include in my letter exactly WHY the DN was faulty, just that it was)

 

Anyone shed any pearls of wisdom ?

 

TB

[twofoot]

Sounds like you are up to speed with this. Let them squirm. There's no need to do anything more at this stage.

[Deb T]

I suspect they're just automated letters (new balance etc) You've done the right thing by writing to them accepting the unlawful repudiation.

 

Eventually (if you're intent on not paying anything further) it will come down to whether the OC or a dca/solicitor thinks they have a case in court and thus file...you think you have the default right and that it's faulty and you've accepted their termination letter etc...you've done your bit, it's up to them now...but I wouldn't waste time on them.

 

What you could write to them saying is that as no contract between you and them exist that any further communication from them will be take up your time and you'll start charging them...there is a letters by a a cagger somewhere that deal with just that issue....

[threadbare]

Hey guys .. thanks for the responses ... and advice

 

Take on board what you say Deb T ... good points..

 

The default is definately defective, for one thing the prescribed 14 days remedy period, on the DN I received is actually 14 days from the date of the notice ... so leaving time for service, it was defective on this point alone as soon as it was printed .. plus of course the other bits that were wrong .. inc the full balance being demanded...

 

Hear what you say about the court aspect too ...

 

In addition to the DN, I also have recd a copy agreement, which refers to itself as an application form (but does inc the regulated under the act header), however doesn't contain any prescribed terms whatsoever, save for a note to refer to the terms and conditions (with ref to when they may cancel the card) ...

 

But even if they go along with the ref to the T&Cs saying the agreement makes ref to it, and that although they only state to read in connection with one aspect i.e cancellation, I should have read the whole document which included the prescribed terms, this still won't them out of jail anyway, as the Pres Terms have to be actually embodied within the signed agreement, and can not be found in any other appendum or separate document... so take that m'lord ..!!

 

So hopefully I can lodge any court defence on a few angles here ... just wanted to get your thoughts on why they would send a statement for a closed account, but as you guys say probably just still on the automated run and hasn't actually been taken off their listings yet ...

 

Any more news, especially what they say to the dodgy DN letter, I will of course jump on and give you an update .... .!!!!

 

Thanks all....

 

TB

Edited July 1, 2010 by threadbare
typo error