Termination and Enduring Contracts

[TiredofPaying]

I know I've seen it somewhere but could somebody remind me.

If I receive a Termination Notice, one that's quite definitely a TN rather than a DN masquerading as a TN, and I make a payment after the date of the TN and the Creditor then issues a claim for the full amount outstanding and everything else he can think of, then is that unlawful rescission? If it is unlawful rescission then when should I let the Creditor know that I accept? Or is it unlawful repudiation?

If the TN was off the back of an invalid DN and the DN was full of holes (in this day and age, Shirley Nott) should I accept the rescission or wait until they issue a claim? Which is better?

In either case what's liable to be the reaction of the Creditor? Will he hold up his hand and say "Fair cop, Guvnor" or will he fight and try and prove the the DN was OK?

What's liable to be the reaction of a judge when faced with a lippy LiP spouting forth Woodchester v Swain? Anybody had any experience they want to share publicly?

ToP

[zentrix9]

Re: Termination and Enduring Contracts

If the default notice is invalid and they have terminated your agreement, yes. Send them a letter stating that you accept their unlawful rescission of your account and ask them to send you the balance of arrears outstanding. Thats all they can legally chase you for, but that wont stop them trying. So get ready for follow up letters and the debt passed round DCA's. Have a look round on here for the letter template. I have just done this with Tesco. Also if your account is in dispute then they shouldnt be able to issue you with a default notice. Under section 78(6). If they say that its not in dispute they will be in breach of (CPUR) consumer Protection from unfair trading regulations 2008.

[basa48]

Re: Termination and Enduring Contracts

If the default notice is invalid and they have terminated your agreement, yes. Send them a letter stating that you accept their unlawful rescission of your account and ask them to send you the balance of arrears outstanding. Thats all they can legally chase you for, but that wont stop them trying. So get ready for follow up letters and the debt passed round DCA's. Have a look round on here for the letter template. I have just done this with Tesco. Also if your account is in dispute then they shouldnt be able to issue you with a default notice. Under section 78(6). If they say that its not in dispute they will be in breach of (CPUR) consumer Protection from unfair trading regulations 2008.

Whoa - sorry I think this could be BAD advice.

How do you know the DN is faulty? There is slightly faulty and mega faulty. A few days out in the dates isn't enough. Asking for the full balance in the DN would be.


Don't even bother disputing the debt, (it effectively means squat) especially if citing s78(6) Carey has smashed down that defence.

If they have terminated following a VERY faulty DN, that would be repudiation. (Rescinding a contract would be returning the parties to the point before the contract was instigated).

PS: If you stop payments you WILL get a DN despite the so called CPUR (or the ICO).

[TiredofPaying]

Re: Termination and Enduring Contracts

Hi zentrix and basa,

thanks for your answers. I have a mega faulty DN, dates, amounts etc and thought about writing and accepting their unlawful repudiatory breach of contract but I thought I'd see if anybody has actually managed to get that kite to fly. What's the state of play with Tesco? If you don't want to say then I fully understand!

ToP

[zentrix9]

Re: Termination and Enduring Contracts

I have sent the letter. The date format on the default notice isnt within the guidelines. So many days from the date of this letter is not good enough.