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Terminated agreement whilst account in Default of my s77 request?


vixta
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Is it lawful for a creditor to terminate an agreement while in default of a section 77(1) request. Payments were suspended when the creditor did not comply within the 12 working days. They have now complied some 2 years after the request was made however my agreement was terminated during the period of none compliance followed by a demand for the total balance outstanding.

 

Anyone who can help with this it would be greatly appreciated.

 

Vixta

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just to bump you

 

not sure but I would think they can send it when they find it.

it shouldn't have been terminated whilst in dispute..you should give more info, have you been in contact by letter with them?...

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Hi, thanks for your reply. This is what happened from start to finish.

 

At all times we were in contact with the creditor earlier this year we reported them to the FOS that the creditor was demanding payment in full having terminated this agreement and passed the account onto a third party debt collector.

 

The FOS was instrumental in obtaining a small sum for me in compensation for what the creditor said was confussion between this account and my mums. My agreement however was terminated because of my suspended payments which I believed I was entitled to do while the Creditor was in default of the section 77(1) request for a copy of my agreement.

 

If they are legally entitled to ignore the section 77(1) request and at the same time demand that we continue with the repayments and terminate the agreement when we suspend payments, then we will have no defence. May I say that the creditor also continued to add extra interest to the outstanding balance while in default of the section 77(1) request, but this interest was not included on the figure stated to remedy the breach on the default notice.

 

The s77(1) request was made early September 08, the agreement was terminated at the end of November 09. The creditor complied with my section 77(1) request in the middle of August 10. It is obvious to me that in September 08 the creditor could not comply as they did not not and do not have a signed copy of my agreement.

 

The high court in a judgement in December 09 clarified certain matters one of which was to allow a reconstituted agreement without signatures and this is what the creditor has provided in order to comply with the section 77(1) request. However, the agreement was terminated was terminated before the high court gave its judgement and before the creditor complied with the section 77(1) request.

 

Is this allowed? Any suggestions?

 

Thanks Vixta.

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