Co-op Dn & Termination

[molly13]

Hi,

Having gone through my OH's paperwork this evening I came across the following:

 

I know the DN dated 3 may 2006 is probably not valid, however on 6th of may he received a letter demanding full payment.

Is this right?

 

Can anyone enlighten me on this please?

 

http://i649.photobucket.com/albums/uu218/molly13_01/co-op/coop019.jpg

 

 

http://i649.photobucket.com/albums/uu218/molly13_01/co-op/coop018.jpg

Thanks in advance.

Regards

Molly:)

[Pinky69]

The DN is invalid - they didn't give sufficient time to remedy the breach. Termination on the back of an unlawful DN causes unlawful rescission ie they can only claim the arrears at the time of the DN but the Co-op are so stupid they don't even know they can do that. What your husband must do to seal the rescission legally is write to the Co-op and tell them that he accepts their repudiation of contract which ocurred when they terminated the alleged agreement on such-and-such a date following issue of an unlawful DN on such-and-such a date. The Co-op never learn - they are still doing this.

[molly13]

Thank you for that Pinky...

 

I thought I'd heard something about that, but was 100% sure.

 

Regards

 

Molly:)

[molly13]

Actually I also came across a letter from 2007 from DCA saying their client was prepared to offer a 20% discount for a limited time only...

Maybe they had realised their mistake:rolleyes:

 

Molly:)

[pompeyfaith]

they are truly amazing they did the same to me so i wrote to them informing them of the invalid DN their reply was a termination notice lol

[molly13]

Hi pompeyfaith,

 

I don't think OH had an actual letter saying Termination Notice.. just the letter demanding full payment, which I assume means they terminated the account.

 

Molly:)

[pompeyfaith]

yes i had a demand letter too giving me 7 days to pay up and then the termination came 14 days later

[molly13]

Theres a letter from a solicitor demanding full payment within 7 days on 24th May 2006...LOL

Oh dear, I didn't realise that they were that useless.

 

A letter accepting their repudiation will be off tomorrow..

[molly13]

Pompeyfaith, love the pic of you dog btw... Got one of those too.

[pompeyfaith]

Thank you molly yes she is my darling and has just recovered from an RTA there is a couple of threads in the vets forum on this

[pompeyfaith]

it cost me in excess of £5000 so glad i had the insurance in place

[cerberusalert]

I'm afraid I'm going to have to burst the bubble here, the remedy period for a DN changed from 7 days to 14 days in Oct 2006. The DN posted above was issued in May 2006.

[Undercover-Elsa]

Good point Cerberusalert...but thankfully they just couldn't contain their enthusiasm and went on to send the rather un-cooperative letter just 3 days after issuing the dn, demanding full balance and terminating the account.

Thank goodness they are ethically guided!

(As opposed to guided by the law )

[pompeyfaith]

Thank You cerberusalert but the bubble is still floting lol as we are aware of that fact what the op was refering to was a letter of demand

[cerberusalert]

I was responding to Pinky69's reply in post 2 more than anything.

The DN is invalid - they didn't give sufficient time to remedy the breach.

[molly13]

Good morning all,

 

Thanks Cerberus, does that mean he shouldn't send the repudiation letter?

 

I'm quite confused now (for a change lol) but the DN states remedy of arrears by 17th May or else..and yet my OH got the letter dated 6th May demanding full amount. Are we to accept this as termination notice?

 

And where do we go from here please?

 

Thanks also to undercover-elsa and pompeyfaith:)

 

Regards

 

Molly:)

[cerberusalert]

Even though the DN was correct they have unlawfully rescinded the agreement because they terminated before the remedy date.

[molly13]

So does OH then still send the letter accepting repudiation then?

 

I don't even know what the word mean lol.

 

Thanks for all the help yet again.

Molly:)

[pompeyfaith]

what cerberusalert is correct as for recinding/termination but the fact remains that they have given you a nice double wammy in that the DN was not correct the coop are systematic in getting the dates wrong they did this to me 2 years ago and another 3 times since you will find the date of the DN and the remedy date only gives 14 days and they allow no time to serve said doc on you

[pompeyfaith]

indeed the time between date of doc and remedy should be at least 19 days as they use uk mail to send

[cerberusalert]

indeed the time between date of doc and remedy should be at least 19 days as they use uk mail to send

 

Prior to Oct 2006 the remedy period was 7 days not 14.

[Undercover-Elsa]

Hi Molly

So, it's unanimous that you do need to send the letter acception the unlawful recission of contract.

 

Something on the lines of: (edited from a Vint original )

 

Dear xxxxxxxxxxxxxxxxx,

 

Re account no xxxxxxxxxxxxxx Unlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxxxx, received by me on xxxxxxxxxxx and your subsequent letter terminating the agreement by demanding the balance in full, dated xxxxxxxxxx, received xxxxxxxxx,

While the default notice did technically give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, your subsequent action only 3 days later in issuing a demand for full payment and terminating the account resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. The Consumer Credit Act is absolutely clear on the requirement to issue a compliant Default Notice and allow the statutory period of time prior to having the right to proceed to demand the full balance or terminate an agreement. You have clearly failed to do so, which has resulted in you unlawfully rescinding the alleged agreement.

 

I have elected to accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

 

Yours xxxxxx

 

Elsa x

[pompeyfaith]

thank you cerberusalert going back to the first post i stand corrected yes molly in your case it is indeed even better as it is 7 days plus service

[pompeyfaith]

nice letter elsa

[molly13]

Thanks very much Elsa:) ( and everyone else)

 

I'll get OH to have a look at this and get a letter sent out later.

 

Regards

 

Molly:)