Is this A&L default lawful

[joe1969]

They have since shut this account , and as my current account is linked , they shut that as well.

 

[Guest]

well short on dates, ie s/b 14 clear days!

Edited July 17, 2010 by Ford
typo

[cerberusalert]

They've only allowed you 9 days to remedy and haven't included postal service.

[harrassed senior]

Hold on to that information for the moment, it could come in very handy in the future.

[Old Cogger]

Letter dtd 21st January 2010, (Thursday) possibly 2nd class i.e. 4 days posting time say Tuesday 26th January, allowing you 3 working days to remedy. Clever are they not???? info as per Practice Direction regarding postal times and working days as per J R BICKFORD SMITH Senior Master Queens Bench Division.

[cerberusalert]

It looks as if they've used an old template from when the remedy period was 7 days.

[joe1969]

Hi , thanks for your answers.

 

Hold on to that information for the moment, it could come in very handy in the future.

 

In what way could it be handy?

[Bazooka Boo]

In that if they now terminate the account it will be an ulawfull rescision ( why is my spell checker not working??) you will only be liabel for the arrears, is that amount they have stated the arrears? Or is that the full amount of the debt? Seems awfully high!

[joe1969]

Hi , that is the full amount of the debt.

[Bazooka Boo]

Well, wait until they terminate the account, accept their unlwaful rescision, and you are only legally obliged to pay them the arrears.

 

The DN is inherently faulty, keep a copy of it...safe!

[Guest]

..........Seems awfully high!

 

its for a current account o/d?

[Bazooka Boo]

Hmm, missed that point.......damn beer! Cheers Ford....

 

Did'nt realise it was for an OD..

[joe1969]

It wasn't for an overdraft.

It was a flexiplan account with a £3000 limit.

I could transfer upto this amount into my current account and it was paid back by standing order at £100 a month.

[Bazooka Boo]

In that case then my previous post still stands, wait until the terminate the account, or pass it to a DCA who requests the 'Full' balance then they will have terminated the account, and unlawfully rescinded the account, and you will only be liable for the arrears.

[Guest]

It wasn't for an overdraft.

It was a flexiplan account with a £3000 limit.

I could transfer upto this amount into my current account and it was paid back by standing order at £100 a month.

 

 

oh ok. some form of loan account? so they're demanding the full 'outstanding' amount of the account, as well as your current account? but why does the dn state for eg repaying the 'overdraft' on the flex account?

[Guest]

ok, so are they treating the £3067 as an 'overdraft'? which is the full amount outstanding on the flex ac that they are now demanding? so, there's no 'arrears' as such?

Edited July 19, 2010 by Ford
typo

[Undercover-Elsa]

While repudiatory breach for an invalid DN is significant in relieving you of the obligation to pay sums not yet due, that is of little value in a debt where the whole balance is due.

However, without issuing a valid DN, they don't have right of action, so keep it under your hat and hit them with it if they issue a claim.....