Silly question of the year

[Susie]

Please bear with me as my brain is not working as well as it should in the cold!
If a default and/or termination notice has not been sent, the account has been sold on and IF the new owner were to take court action could they rectify the bad or no default notice or lack of termination notice after proceedings are issued? My logic says that they could not as once an account is terminated it cannot be reopened to get the paperwork right to suit a future owner of the account, and would these be necessary before taking court action
Please use language thats simple and easy to understand for a thick female as my brain is not getting round this at all

[SXGuy]

Re: Silly question of the year

I think that they would prob send a recon default notice, it would be up to you to say no original was ever sent, same with termination notice.

Some DCA's are sly and say, you defaulted on xx/xx/xx and the account was terminated on xx/xx/xx

They may not always say, a default notice was served on xx/xx/xx and a termination letter sent on xx/xx/xx

But if it was proved that a termination letter and default notice were never sent, then termination was executed badly, and unenforceable.

Somone else may disagree who has more knowledge than me.

[ScabHunter]

Re: Silly question of the year

Please bear with me as my brain is not working as well as it should in the cold!
If a default and/or termination notice has not been sent, the account has been sold on and IF the new owner were to take court action could they rectify the bad or no default notice or lack of termination notice after proceedings are issued? My logic says that they could not as once an account is terminated it cannot be reopened to get the paperwork right to suit a future owner of the account, and would these be necessary before taking court action
Please use language that's simple and easy to understand for a thick female as my brain is not getting round this at all

Far from being thick, I think you have a pretty good understanding of the situation. The answer to the question in bold is no, they could not.

The purpose of a default notice is to give the debtor time to remedy the breach before the account is terminated. The act of selling an account to a third party clearly amounts to termination, as all spending privileges and benefits of owning the card (or equivalent for a loan) are irretrievably lost.

How can you give someone 14 days notice of an event which is in the past, and which can never be repeated? Unless you are Dr. Who, and have access to a Tardis, plainly you cannot.

SH

[Susie]

Re: Silly question of the year

Thank you, thats pretty much what I thought, just seems crazy to me that in some cases it seems they would try to rectify it afterwards.

[ScabHunter]

Re: Silly question of the year

Thank you, thats pretty much what I thought, just seems crazy to me that in some cases it seems they would try to rectify it afterwards.

DCAs would do absolutely anything to extract money from people. The only thing which puts a limit on their outrageous behaviour is the fact that anything which they put in writing can be shown to a judge and the regulatory authorities.

I remember one story of an Intrum Justitia thug harassing someone on the telephone, and a dog barked in the background. The thug then started a lecture on how debt collectors were allowed to seize animals and sell them to medical science in order to pay off debts.

If they can get away with it, they will stop at nothing.

SH