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Default Notices and Credit Agreements


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Hi

 

I have read over many posts on this forum some which i have been involved in regarding the issue of defective default notices and the argument over whether a terminated agreement still exists if it has been terminated on the back of a defective notice.

 

Lets say for example the creditors view that if an agreement is terminated on a defective default notice then the agreement still exists and they can issue further correct notices is the correct view.

 

If it it works in favour of the creditor then surely in some instances this must be the case for the consumer?

 

For example if a creditor issues a defective default notice, terminates the agreement and maintains the fact the agreement has ended does the consumer not then have the right to say to them - no the agreement is still live as you had no right to terminate the agreement so it remains in place. This then gives the consumer the opportunity to rectify the breach on a correctly issued notice.

 

Seems they are using the agreement is still live argument alot so as i said above i do not see why it cannot work in the consumers favour too or is it one rule for them every one else can go do one?

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Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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