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Just wondered whether anyone had a bit of advice/useful comments to make about this one, please?!

 

We've just been contacted by our old mates 1st Credit for a debt that goes back some years. We defaulted back in 2007 and the OC sent a default notice which gave 14 days to remedy, but no allowance for postage, and then we received a demand from a debt collector dated the last day of the 14 days demanding the full amount outstanding under the account. The OC then sent us a letter saying they wouldn't default us if we paid the arrears, but I'd already sent a letter accepting the unlawful recission of contract (honest guv ;))

 

We haven't heard a dicky bird from anyone until now, but did do a CCA request back in 2007 and apart from the unlawful recission issue most of the amount outstanding is charges and the agreement is unforceable as it is a multiple agreement and fails on most counts!

 

1st Credit say the account has been novated to them and therefore they are now the creditors. However presumably once recission has occurred there is no way of resurrecting the agreement for another party? I could use the charges and CCA unforceability as an argument but thought the unlawful recission would kill this stone dead the fastest (not that 1st Credit will probably take any notice of it - that'll be another nail in their coffin when I dob them in yet again :):))

 

Many thanks

 

MC


WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Damn! I've done some digging through our files and it looks like we got into some correspondence with 1st Credit the first time they dealt with the account (post DN and termination) which included an offer of monthly payments...

 

Does this mean that we've effectively accepted continuance of the agreement, despite the unlawful recission?

 

Luckily the agreement is still unenforceable!!


WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Damn! I've done some digging through our files and it looks like we got into some correspondence with 1st Credit the first time they dealt with the account (post DN and termination) which included an offer of monthly payments...

 

Does this mean that we've effectively accepted continuance of the agreement, despite the unlawful recission?

 

Luckily the agreement is still unenforceable!!

 

Not unless you followed up the offer with payment. If they did go to court with this one you could tell the DJ that at the time you made the offer you were not aware of your rights under the Consumer Credit Act.

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Thanks very much for your advice, Miss Muppet.

 

Luckily we didn't pay anything to 1st Credit - largely because they started being all 1st Creditish and therefore we decided they weren't getting a bean! Funny to reflect that if they'd been reasonable and polite we'd have paid instalments and therefore this account wouldn't be dead as a dodo. Hoist by their own petard, methinks!!!

 

MC


WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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oh now we've received a threat of court action from 1st Credit and are getting the usual threatening phone calls and voicetext messages left on the answerphone.

 

I am tempted to let them take me to court and then absolutely screw them for costs, but at what point do I notify them of the unlawful recission?


WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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