SXGuy's UE Diary

[Never-In-Doubt]

Re: SXGuy's UE Diary

If you've not had a DN then thats good for you (in a way) as it makes a mockery of trying to collect a debt!

Just a little.....

[SaltnVinegar]

Re: SXGuy's UE Diary

This is the thing, no default notice, no payments for about 8 months probably (will have to double check) min monthly payment is like 3k odd.

Ill see what happens in the next few months, as confirmation of unenforceablitiy and no payment may make them want to close it.

Gotta laugh at triton threatening action when they havent even defaulted.

If you've not had a DN then thats good for you (in a way) as it makes a mockery of trying to collect a debt!

[gravytrain]

Re: SXGuy's UE Diary

Ahh of course, MBNA (ie Brandon case) default notices do contain the words

1. We will terminate the account.....

Which I presume explains it. So only those that clearly state termination upon failure to remedy would be classed in this bracket?

Cheers. Makes sense now.

Yes often wonder what would have happened if they had used the word may terminate.

But then that would not be so intimidating, hoisted by their own petard.

[SXGuy]

Re: SXGuy's UE Diary

Excellent news! Make sure that they default you correctly and if they do not perhaps a complaint to the ICO. Just a case of sit tight now!

This is the thing, no default notice, no payments for about 8 months probably (will have to double check) min monthly payment is like 3k odd.

Ill see what happens in the next few months, as confirmation of unenforceablitiy and no payment may make them want to close it.

Gotta laugh at triton threatening action when they havent even defaulted.

[Never-In-Doubt]

Re: SXGuy's UE Diary

Ahh of course, MBNA (ie Brandon case) default notices do contain the words

1. We will terminate the account.....

Which I presume explains it. So only those that clearly state termination upon failure to remedy would be classed in this bracket?

Cheers. Makes sense now.

[gravytrain]

Re: SXGuy's UE Diary

Which, the HHJ Denyer hearing or appeal ruling (Pill/Gross/Buxton)...?

I'd disagree with that, a DN is not a TN and when you default you must offer a remedy period prior to being allowed to terminate so this is kinda contradictory to the original enactment of the terms surrounding it.

Can judges just disregard law, is that what we're saying here...?

I think what Paul is saying is that if the default notice says that you have x days to remedy after which the account is terminated, then this acts as the termination notice.

I don't think that there is anything in the act that says a termination notice must be issued separately to the DN.
Could be wrong of course.

[SaltnVinegar]

Re: SXGuy's UE Diary

Hi guys, little update with some good news attached.

Natwest Black have today confirmed they can not locate the agreement and is unenforceable.

All they sent was a recon T and C and current T's and C's, no application form whatsoever.

Also a letter confirming they are unable to enforce.

thats nearly another 15k

However, they have not terminated the account, the buggers sent a statement with a min monthly payment, so it looks like the wankers are gonna add a default to the credit file sometime in the future thus lengthening the time before it gets removed.

Either way, they can no spin for 15k.

Excellent news! Make sure that they default you correctly and if they do not perhaps a complaint to the ICO. Just a case of sit tight now!

[Never-In-Doubt]

Re: SXGuy's UE Diary

not always, Brandon v Amex said the default notice can serve as termination notice also

Which, the HHJ Denyer hearing or appeal ruling (Pill/Gross/Buxton)...?

I'd disagree with that, a DN is not a TN and when you default you must offer a remedy period prior to being allowed to terminate so this is kinda contradictory to the original enactment of the terms surrounding it.

Can judges just disregard law, is that what we're saying here...?

[greymatter]

Re: SXGuy's UE Diary

Excellent news

[MrsD]

Re: SXGuy's UE Diary

good one!

[Pixie]

Re: SXGuy's UE Diary

Good news ...but they're not going to let you off lightly eh?

[SXGuy]

Re: SXGuy's UE Diary

Hi guys, little update with some good news attached.

Natwest Black have today confirmed they can not locate the agreement and is unenforceable.

All they sent was a recon T and C and current T's and C's, no application form whatsoever.

Also a letter confirming they are unable to enforce.

thats nearly another 15k

However, they have not terminated the account, the buggers sent a statement with a min monthly payment, so it looks like the wankers are gonna add a default to the credit file sometime in the future thus lengthening the time before it gets removed.

Either way, they can no spin for 15k.

[Paul.]

Re: SXGuy's UE Diary

Your creditor should send you a letter of termination, basically saying just that, that the account is terminated, and they can also include reference to who the debt has been sold to if they wish, however i believe they dont have to.

Then you would also receive a letter from whoever bought the debt, saying it had been assigned to them.

I did get those letters.

not always, Brandon v Amex said the default notice can serve as termination notice also

[SXGuy]

Re: SXGuy's UE Diary

How do you know if an account has been terminated? What paperwork should you get?

Your creditor should send you a letter of termination, basically saying just that, that the account is terminated, and they can also include reference to who the debt has been sold to if they wish, however i believe they dont have to.

Then you would also receive a letter from whoever bought the debt, saying it had been assigned to them.

I did get those letters.

[Enforcer]

Re: SXGuy's UE Diary

How do you know if an account has been terminated? What paperwork should you get?