Urgent!!! Please Help!

[rory32]

repudiation of contract

A form of BreachOfContract where a party announces his intention not to perform his obligations under it (rather that simply not performing it in the expected time and manner). This is also known as `anticipatory breach of contract'. A person may have the right to repudiate if the other party is in breach of a Condition of the contract, and he may then treat the contract as discharged. However, repudiation is a breach of contract, and if done without good cause will leave the repudiator liable for Damages.

[calm1]

I am so excited for you now Monopoly 23! I really feel that your nightmare will soon be a thing of dreams! God, CAG is brill!

[monopoly23]

So basically, when you say that you don't acknowledge the debt and will be making no further payments?

I love this site-it's ace

Thanks rory!

[monopoly23]

I know, it's fantastic. I didn't know so many helpful people existed until I found it. I don't know what I did with my time before, but I must have had loads of it to spare...

[tomterm8]

repudiation of contract

A form of BreachOfContract where a party announces his intention not to perform his obligations under it (rather that simply not performing it in the expected time and manner). This is also known as `anticipatory breach of contract'. A person may have the right to repudiate if the other party is in breach of a Condition of the contract, and he may then treat the contract as discharged. However, repudiation is a breach of contract, and if done without good cause will leave the repudiator liable for Damages.

 

In particular, your contract stated that you had to repay a minimum amount of money (5% per month). by taking you to court for the full amount due, the creditor has terminated the contract. Under the Consumer Credit Act 1974, a creditor has the right to do this if you are in breach of the contract (i.e. by making late payments) after issuing a default notice with a statutory period of time to rectify the default.

 

without such a default notice, by claiming the full amount of money due they are effectively terminating the contract... and by doing so without following proper procedure, this consitutes a repudiation of the contract.

[monopoly23]

I'll have to see if they actually have a contract before I start learning these big words and their meanings lol. Unlikely though by the looks of things.....

[tomterm8]

I'll have to see if they actually have a contract before I start learning these big words and their meanings lol. Unlikely though by the looks of things.....

 

You certainly have a contract

 

That contract is a consumer credit agreement regulated by the consumer credit act 1974. Therefore, they must have a signed document with all the prescribed terms (your signature, APR/interest rate, credit limit, repayment schedule, cancellation terms, and etc.) if they want to enforce it.

 

however, you can still use the repudiation of contract line in a counter claim, even if they don't have the agreement.

[monopoly23]

Ha Im really getting boggled by all this legal stuff.

Don't you sometimes just wish you were 15 again??

[alp]

1st thing tomorrow i would suggest calling next. When they do finally reply you will be given a personal customer service manager who will deal with the issues you have. My lady was very polite and 1st class!!! well done next!! Basically she spoke to people in dpa and cca dept and towards the end i spoke to these people directly. Dont stress just keep on at em, as i stated i had them done and dusted in 2 weeks after recieving statements. Next had nothing else to provide no default no computer minutes NOTHING and that was confirmed in writing also. On your next directory statement there is a 0800 freeserve number. To save your money when it asks for selfserve no keep pressing 000000000000 and after a few attempts you will be directed to a customer service who in tern can put you through to dpa manager etc. Just a thought as to save costs!!! At all times i conducted my account in the proper manner but an accident at work meant that i had to prioratise my money and pay essential bills. I still paid £2 a monh to show i was willing and aknowledge the debt to stop it esculating but now i have confirmation that i dont owe them and even if they chase me for it i can just show debt recovery agents the letter from next and they will go away!!!!!

 

And as they have provided no other info as they say they simply dont have anything else i can also pursue the removal of any default too win win win!!! its like getting 3 melons on the fruit machine!! makes a change from getting the cherries!!!

[tomterm8]

Feel free to ask questions if there is anything you don't understand...

 

e.g. agreement = contract = legally enforceable bargain

 

enforceable = the court can force you to pay something / do something

 

consumer credit act 1974 / 2006 = a law that regulates (i.e. says how something is supposed to operate) most consumer credit.

 

repudiation of contract = deciding not to honour a contract, without legal cause OR failing to obey the correct procedures.

[monopoly23]

Ive got my head around the CCA sections 77 and 78, plus other small sections of relevance.

The bits I don't know are:

Where can I find the legislation that states what the prescribed terms of a contract are and how they should be presented, and

Where are the civil procedure rules that Ive seen mentioned?

 

Im sure plenty more questions will be coming this way...

[calm1]

WOW!!!! I am throwing the telly away - this site is far more interesting than just about anything on the box! I have learnt so much! I know you have been through hell Monopoly23, but my God this is soooooooooooooo interesting to see unfolding. I really do think you are gonna be OK.

[monopoly23]

I hope so. Im sure with the advice of the good people of this site I can't go far wrong anyway!

I agree with you about the tv too. I might not even watch eastenders! lol.

I seem to live on here these days-it's quite addictive.

[calm1]

Addictive - definitely. My partner's going to leave me if I carry on like this! Lol. I can't wait to see what happens with this!

[rory32]

Where can I find the legislation that states what the prescribed terms of a contract are and how they should be presented

 

Page 20 onwards

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

[tomterm8]

Where are the civil procedure rules that Ive seen mentioned?

 

Im sure plenty more questions will be coming this way...

 

Civil Procedure Rules Homepage

 

you don't need the lot, PART 1 - OVERRIDING OBJECTIVE

 

and

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

are the main ones for our purposes.

[monopoly23]

Thankyou very much guys.

I'll have a good read when I can get these animals to calm down! Never offer to look after your parents pets while they go on holiday for 2 weeks! 1 cat + 1 dog = 1 stress head! £100 just doesn't cover it...

[calm1]

Don't talk to me about other people's pets! I have had a crazy ex-racing Greyhound for the last week - goes tomorrow am - Hooray! He's ousted my cats and barks all night because he wants to sleep in bed with us! I can't get him in the house if I want to go out - he just keeps running away - and it therefore means that he has to come in the car with me for everything - including the school runs and supermarket - and I have to be double quick so he doesn't boil in the car! At least you are getting paid!!!!

[monopoly23]

LOL. Well this is the greediest dalmation you could ever come across and the fattest, but friendliest cat that's about 12 years old. The cat's preoccupied with finding an exit of any kind and has even searched above the microwave.

The dog's preoccupied with food at every waking moment, and is sniffing round every nook and cranny of the first floor of my house for the slightest crumb of food. She has already scratched up my wooden furnature when she jumped up to look out of the window tsk...

Gives me something else to do rather than worry about the CC I suppose...

[calm1]

I think you don't have to worry about the CC anymore - you are just going to have to deal with it. I think that is the difference from being in this forum. You are not alone anymore and are receiving advice from people who know what they are talking about and whose help you would otherwise have to pay a fortune for. Long live the CAG forum and the mad fat dalmations and cats - and the skinny bu**** greyhounds - they make for a good laugh in the end - only because you can once again laugh because you are not facing hell alone!!! GOD bless CAG!

[monopoly23]

Here Here.

(She really is a mad fat dalmation)

[calm1]

Yes, and Rafferty really is a skinny ex-greyhound who chases things (my cats) - I'll tell you one thing - when he gets going he's blo**y fast! I reckon he would easily keep up with my horse at full tilt gallop - and he ain't no snail!!!

[calm1]

Incidentally, how much better do you feel now from when you first posted? I'll bet you are able to sleep again!

[monopoly23]

I do feel loads better. Ive had so many contributions of good advice to this thread, its hard not to!

I didn't have a clue where I stood at first-seemed like the end of the world (sorry for the impatience at the start too but 1 hour in that situation can feel like a week!)

Things I have to do next are

1) Ring RM in the morning to see if there's any news on the original request

2) Check RM website so I know the 2 letters sent today have arrived

3) Start getting some sort of defence together with the limited info I have. If all I have to do is dismiss each point on their very rubbish poc, then I should think it won't take long

 

I haven't slept for about 4 months lol as I have an 18 week old in my room!

[calm1]

I had wondered who the baby was!! None of this is funny at the best of times - but when you have a family to worry about, it does become particularly difficult. You know you are on the right track now and clearly from your last post you know what you must do! I think this is such a fab medium of connecting with others who can help - there should be money made available by the government to run a site like this because it is so difficult for the layman to know where else to look! You have the time and ability to do this - GO, GO, GO!!!! (No, not you, you bas**** dog - leave the cats alone!!!!)