SXGuy's UE Diary

[Pixie]

Re: SXGuy's UE Diary

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

[MrsD]

Re: SXGuy's UE Diary

good one!

[greymatter]

Re: SXGuy's UE Diary

Excellent news

[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...?

[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!

[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.

[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.

[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.

[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.

[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!

[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.....

[SXGuy]

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!

Well, got another statement today, this time from Natwest gold.

Min monthly payment over 1k, if paid by 7th jan, interest will be 0.0% on next months payment LOL

These numpties, have sent no statements since my mother stopped paying £1 token payments, then all of a sudden, they decide to start sending them again.

Again no DN with this, but their in house muppets triton sent threats of court action before natwest confirmed the account was UE, then heard nothing from them since.

Im guessing NW Black wil follow the same process.

Well, arguing DPA, demanding a signature, then this, are all signs they have no clue what they are doing.

Annoyed that they could DN and terminate 3 years down the line and leave my mother with a rubbish CRA 3 years after others have dropped off, but she says she dont care, everything she wants will be paid in cash from now on, no credit, so that being said, who should worry.

It does make me wonder, that their insistance for a signature was an attempt to create a recon, and AAD anti tamper strip, put a stop to that, so they had no choice but to give up lol

[Never-In-Doubt]

Re: SXGuy's UE Diary

Excellent, glad the AAD Anti-Tamper strip helped

[The Tech Clerk]

Re: SXGuy's UE Diary

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.

They use the word MAY in the Paragraph before that statement i.e:-

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW "MAY" BE TAKEN AGAINST YOU.

In bold of course.

States Before The Date Shown = reduces the time period to remedy?

[SXGuy]

Re: SXGuy's UE Diary

Hey guys, just a little update.

Mum today received letter from Green & Co re Mint.

Not been round today, will see the letter Monday, but im guessing its the usual threat of litigation thats sent after triton send the pending legal action threats, so will double check Monday, and send Threat of Litigation off if all is well.