Contracts, Termination, Repudiation and Rescission

[gh2008]

Re: Contracts, Termination, Repudiation and Rescission

Nice comments towards the end.

First question, is it now case law that service by post DNs must include the postage time in the remedy date ? or am I reading far too much into that ?

[/FONT]

The Judgment comes temptingly close to confirming that doesn't it.
It certainly implies that postage time is relevant - that may be enough in itself.

Thank you PT for posting the Judgment an interesting read and a good win rewarding the obvious amount of work put into the case.

[diddydicky]

Re: Contracts, Termination, Repudiation and Rescission

did i miss something?



he seems to have decided to "punish" the defendant in costs for waiting until half way through to proceedings to comply with s78

he has given us good information to dis credit MBNA insistence that they "always get their ducks in a row"

but precious little on the DN argument? ( or did i blink and miss it?)

it would be very interesting(useful) if the claimant could tell us what methods he used to show MBNA as untruthful in their postage methods

[New_Age_Biker]

Re: Contracts, Termination, Repudiation and Rescission

Thanks for posting Pt, can you give an idiots guide to the salient points please, I for one would not wish to misinterperate

[Angry Cat]

Re: Contracts, Termination, Repudiation and Rescission

You can say that again AME

Thank goodness for that!

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

did i miss something?



he seems to have decided to "punish" the defendant in costs for waiting until half way through to proceedings to comply with s78

he has given us good information to dis credit MBNA insistence that they "always get their ducks in a row"

but precious little on the DN argument? ( or did i blink and miss it?)

it would be very interesting(useful) if the claimant could tell us what methods he used to show MBNA as untruthful in their postage methods

The notice of enforcement was a statutory pre-condition of enforcement. It was a bad notice and enforcement cannot be attempted in dependence upon it. However, bad notices can often be remedied by the service of good notices and I see no reason why that should not be so in respect of credit agreements.

I think that is the important part.

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

Nice comments towards the end.

First question, is it now case law that service by post DNs must include the postage time in the remedy date ? or am I reading far too much into that ?

[/font]

That is I think one of thee most important questions that a lot will want to know. The judgment posted is 15 pages long and by the time I finish reading and absorbing it I think I'll need to go to spec savers :tung:

So the DN must allow time for delivery and for those who have not got the envelopes the DN's came in?

[Angry Cat]

Re: Contracts, Termination, Repudiation and Rescission

That judgement really does bring a great big smile to my face
Thank you ,PT!

ALWAYS KEEP COPIES OF ALL PAPERWORK; ENVELOPES INCLUDED [Emphasis Added]

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

That judgement really does bring a great big smile to my face
Thank you ,PT!

ALWAYS KEEP COPIES OF ALL PAPERWORK; ENVELOPES INCLUDED [Emphasis Added]

Well advised but IF only we knew, if only.........................

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

That judgement really does bring a great big smile to my face
Thank you ,PT!

ALWAYS KEEP COPIES OF ALL PAPERWORK; ENVELOPES INCLUDED [Emphasis Added]

Good, im glad,

I hope that it helps many, who have suffered at the hands of various debt collectors, as frankly Link have only themselves to blame here with that judgment

They were unreasonable and pushed our client into a corner.

Had they been reasonable then we would have met them at the table but they chose to close all the doors, so i say tough luck on them

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

DN dated 3 Oct 08.........arrived on 9 Oct 08..........remedy date 21 Oct 08.........but should have been dated 23 Oct 08?

Basically they only gave 12 days for remedy therefore that made the DN bad?

Am I catching on here?

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

DN dated 3 Oct 08.........arrived on 9 Oct 08..........remedy date 21 Oct 08.........but should have been dated 23 Oct 08?

Basically they only gave 12 days for remedy therefore that made the DN bad?

Am I catching on here?

i think you may well be

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

Oh at last I'm finally getting it thanks PT,

So that means my DN dated 19 May 2009..........remedy date 2 June 2009 ...........giving me 14 days to remedy. Mind you I do not have the envelope to prove when it arrived whether it was 1st or 2nd class.

I know there was a Bank Holiday that fell between these two dates.......but don't know if that applies. Still I was given the 14 days allowed to remedy.

That means my DN is not bad? any help with this please?

[Angry Cat]

Re: Contracts, Termination, Repudiation and Rescission

DN dated 3 Oct 08.........arrived on 9 Oct 08..........remedy date 21 Oct 08.........but should have been dated 23 Oct 08?

Basically they only gave 12 days for remedy therefore that made the DN bad?

Am I catching on here?

Deleted; error

[buster1967]

Re: Contracts, Termination, Repudiation and Rescission

Hi guys, first post here,so please be gentle with me :tung:

Im confused as to the default notice sections ,
If the judge is saying its bad if not in the correct prescribed format,and therefore not valid anyway
why does he go on about service etc, cause if its bad and it can be remedied by issuing a new one, then surely its of no real importance anyway?
why bother with going through proving how it was sent etc etc if its of no real importance anyway?
he also touches on when the debt was assigned, but unclear of date, why was the date unclear, was that a service issue ?

Im interested in what happens if a creditor terminates within the 14 day stat notice, does that alter things?

Will brandon case clear this default senario up once and for all?

B x

[diddydicky]

Re: Contracts, Termination, Repudiation and Rescission

perhaps someone should send that judgement to the brandon judge?
------------------------------- merged -------------------------------

Hi guys, first post here,so please be gentle with me :tung:

Im confused as to the default notice sections ,
If the judge is saying its bad if not in the correct prescribed format,and therefore not valid anyway
why does he go on about service etc, cause if its bad and it can be remedied by issuing a new one, then surely its of no relevance anyway?
why bother with going through proving how it was sent etc etc if its of no importance anyway?
he also touches on when it was assigned, but unclear of date, why was the date unclear, was that a service issue too

Im interested in what happens if a credotor terminates within the 14 day stat notice, does that alter things?

Will brandon case clear this default senario up once and for all?

B x

the judge was saying that a bad dn can be put right be serving a good one (provided that the defendant is not prejudiced in the meantime)

the creditor here did not correct the bad dn and carried on anyway


the judge also "punished " the creditor in costs for waiting until half way through the case before he complied with s78 and more or less said that this should be complied with before proceedings start

a creditor who terminates within 14 days of the service of the DN clearly cannot then terminate lawfully

(correct me if i am wrong)


the clear strategy now (apart from keeping envelopes) would seem to be to say NOWT about the defective DN but simply ACT in accordance with having accepted an unlawful repudiation (yes yes i know the arguments)

when he has placed adverse info on your CRA file s - make several applications for credit elsewhere and keep a record of the responses

It would be safe i think - in response to a LBA to inform the creditor that he has not complied , that his DN and TN are unlawful (they NEVER take any notice of you anyway) and then let him commence proceedings-based on the invalid DN - and then submit a defence and apply for the strike out

at the very least i believe it will discourage the creditor from starting over again unless he is really determined