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robinredbreast

Q- When should/do you disclose your acct has been unlawfully recinded?

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Hi ...

 

Can I open a question .....

 

When do you think it's the best time to disclose that the account being chased (& normally still in dispute let's face it ..) has been unlawfully recinded ?

 

So we have a defective DN, which either terminated on issue, in demanding the full balance, or later terminated after the expiry of the time given, by either a formal demand for the the full amount, an actual letter of termination, or a DCA appearing demanding the whole os balance ....

 

Lets assume however, that you haven't already "acknowledged and accepted their unlawful repudiation".... maybe as you've only just discovered it was unlawfully recinded or you just didn't bother/forgot .....

 

So do you ...

 

1. Only disclose their gaff when/if court papers drop on the mat .... ? (kind of playing your trump card ... ;))

 

OR

 

2. Advise them of the unlawful recession and the ramifications, when you respond to their (or a DCAs) next demand ... and hope it makes them think twice before initiating any court papers .. ?

 

  • In 1 case I have advised the OC of the unlawful recession in my last response to them, with no acknowledgement or response, and it promptly being passed to a DCA .. ! :eek:

  • I have advised 1 DCA acting for Arrow Global, that the account was unlawfully recinded when sold to AG ... they have responded that they have referred it back to their Client. Still waiting for their response...

  • And the others ... well I have just continued with either the "bemused" letter to the various, and ever changing DCAs ... or the "still in dispute" letter to the OCs .... up to now reserving to play my joker at a later date ...

I just wondered when everyone thought ... and if it really matters when you tell them about their dreadful error ....i.e any time you want .. or reserved for your court defence ..... ?? :razz:

 

What do you think ...... ???

 

Robin x

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IMO as soon as they terminate the account on the back of a faulty DN, that is the time to accept their unlawful rescission, gives them no wriggle room, although I doubt they would be able to recover from such a gaf...;)


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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