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unlawful rescission of contract and unexecuted credit agreements


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just a quickie. a creditor sends you a faulty DN and subsequently closes the account. were you to write to the creditor and accept their unlawful rescission of contract would you in any way be admitting any liability to them? for instance, if they couldn't provide you with a properly executed agreement and you had been responding to them with " i do not acknowledge any debt to your company..." etc. surely you would now be acknowledging a debt to them?:confused:

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No, because you are only exercising your legal right to see if any agreement is in order or enforceable. If they terminate on the back of an unlawful/invalid default notice, demanding the full outstanding amount then that is unlawful repudiation of contract.

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thanks miss muppett. nice bit of initiative!

 

so even if you're admitting there was contract, it has no bearing because we're talking about the CCA as well as contract law and they only enforce with the CCA?

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Yes, I had a tricky situ in my case v MBNA as I had managed to reclaim penalty charges on my CC and had also been on a repayment scheme but they had nothing not even an application form . The Judge asked me about the money owed but I said that I hadn't been aware of my rights under the Consumer Credit Act at that time. The other side kept repeating the money is owed etc but the Judge said "have you an angreement, they had to admit "no"- game over!!

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