Yet another DN question

[cymruambyth]

In 2003 I was issued a DN (possibly correct though dates are a bit iffy). After remedy date I was sent a solicitors letter stating that I have failed to comply and 'makes a formal demand on you to repay the account balance (full) as quoted above'.

This gets more complicated as I have been making nominal payments ever since; in 2008 also received a letter saying that arrears were being wiped and a couple of new t&cs were thrown in.
I've paid an increased reduced amount but this year they have requested a return to full payments which is impossible.
New DN and threats issued.

Does anyone have any idea where I stand? Did the request for the full balance terminate the account?

Thank you

[maruvian]

Re: Yet another DN question

I might be wrong but i thought you could only be defaulted once?

[cymruambyth]

Re: Yet another DN question

From what I am aware, you can only be defaulted once if then termintated, if no termination of the account takes place you can have numerous DNs issued. I'm not sure how my situation fits into that.

[Amethyst]

Re: Yet another DN question

Okay, you received the Default Notice, didnt make up the arrears, and the account was passed to the solicitors, who asked for the whole caboodle, but as you couldnt you started making nominal payments to. (assume there was contact between sols and you at this stage)

They wiped the arrears and restructured and increased your nominal payments, but have now had enough of that and have asked for you to return to the full repayments. You havent been able to, so they have issued a further DN (because they didnt actually terminate just passed it to their debt collection solicitors to get a repayment proposal off you, but have now decided to probably default you and get the account terminated and off to a DCA or Court to try recoup something a bit quicker )

That sound about right ?

[cymruambyth]

Re: Yet another DN question

Okay, you received the Default Notice, didnt make up the arrears, and the account was passed to the solicitors, who asked for the whole caboodle, but as you couldnt you started making nominal payments to. (assume there was contact between sols and you at this stage)

Yes this is correct
An informal arrangement was agreed between me and CC until 2008 when the attached letter was sent
They wiped the arrears and restructured and increased your nominal payments
but have now had enough of that and have asked for you to return to the full repayments. Yes You havent been able to, so they have issued a further DN (because they didnt actually terminate just passed it to their debt collection solicitors to get a repayment proposal off you, but have now decided to probably default you and get the account terminated and off to a DCA or Court to try recoup something a bit quicker )

That sound about right ?

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http://i399.photobucket.com/albums/p...1/scan0002.gif

By sending a request for full amount and sending LBA in 2003 did this terminate the account. Other letters state that the account was closed etc

[Lord_Alcohol]

Re: Yet another DN question

Just my tuppence worth, but I would say that if you received a demand for the full balance in conjunction with removal of all benefits of the agreement and implementation of a payment plan to repay the balance, the original agreement is most certainly ended.

Your 2003 DN may also say that the OC will end the agreement if you do not remedy.

In any case you have letters that clearly state that the agreement/account is closed.

You may therefore have spent the intervening 7 years in the justified belief that there is no longer any regulated agreement between you and the OC, and that the payment plan is merely to repay the debt.

Moreover, if the OC nows wants to issue a new DN, then you must have breached a clause in a regulated agreement. There appears to be no such agreement and, if there was, what clause has been breached? If the OC now wants to impose a new agreement on you, I think he may be in some difficulty as it requires your consent.

I would say he's clutching at straws.

LA

[cymruambyth]

Re: Yet another DN question

L_A I like your logic, that was my line of reasoning . I was hoping that someone else would think the same way before I compose my letter.

[middenmess]

Re: Yet another DN question

cymruambyth

Does anyone have any idea where I stand? Did the request for the full balance terminate the account?

AFAIK

No.
It's necessary to differentiate between the agreement and the account.
That request terminated the agreement.The account was the outstanding balance.

Lord_Alcohol

Your 2003 DN may also say that the OC will end the agreement if you do not remedy.

In any case you have letters that clearly state that the agreement/account is closed.

You may therefore have spent the intervening 7 years in the justified belief that there is no longer any regulated agreement between you and the OC, and that the payment plan is merely to repay the debt.

Moreover, if the OC nows wants to issue a new DN, then you must have breached a clause in a regulated agreement. There appears to be no such agreement and, if there was, what clause has been breached? If the OC now wants to impose a new agreement on you, I think he may be in some difficulty as it requires your consent.

I would say he's clutching at straws.

Summed up nicely.