Default & Repudiation Notices

[Tigerlilykitten]

Hi
Does a default notice have to be sent before a repudiation notice to be legal?halocat2

[Judge mental]

Re: Default & Repudiation Notices

Hi.

If your contract contains a clause where specific non performance is regarded as repudiation (your intention not to compete the contract) then NO . . . . the only thing required is for the damaged party to accept your repudiation.

However, the OFT regard 'repudiation' to be legal jargon. rendering the clause uneforceable under UTCCR, section 7 unless it is accompanied by a clear explaination as to its meaning.

There is also case law to the effect that 'it must be your intention', by non-performance to repudiate the agreement.

If the clause in the contact has no explaination as to its meaning I suggest you write to the creditor explaining that you were unaware of the meaning of the term 'repudiation' and that was not your intention when (act taken as repudiation, usually non payment)

Also state you are aware that the OFT have previously regarded the term as legal jargon, and inconsistent with section 7 of UTCCR

7.—(1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.

Stuart

[blake21numb]

Re: Default & Repudiation Notices

I have the same question in me also sir. But my contract has a clause. but i still dont det it.

[Judge mental]

Re: Default & Repudiation Notices

blake21numb.

Can I suggest you start your own thread so you can be helped in a way that does not detract from, or confuse the issues of the origional poster.