Default Notice Issued on Terminated Account

[Guest]

you can only ask for the full balnce under section 87 if you have issued a perscribed default notice!

 

no you can ask at any time you can only enforce after avalid notice

if you issue an incorrect one then you have no rights to claim under under it.

 

correct nearly the creditor is not entitled to enforce(trminate)

a terminated agreement is terminated. Follow the cca correctly and the creditor wouldnt be in the situation they find themselves in.

 

Yes if he messes up the dn he has to do another one harison vs link and the cca 1976

 

 

Hi

All your answers are on here for you, you just have to let go of your missconseptions and learn

 

peter

[Jamesx81x]

You are missing the point of my situation entirely

 

If arears are owing at terminatin the presumably a default notice would have been issued. - yes a defective one

 

you can only enforce after avalid notice - exactly my point

 

correct nearly the creditor is not entitled to enforce(trminate) - again exactly my point

 

It seems to me your view of the cca is the only one and everyone elses knoweledge of it is irrelevantbut you seem to force these views on people with no legislation to back it up - just your views.

 

Please stop telling me to check things out off site as if i havent done so. Unless you can point to soild evidence to back up your claims and not just your own views it would be good if you could stop been so arrogant - maybe?? just a thought!

[Jamesx81x]

Dear Sirs

 

I wonder if you could answer this for me.

 

We have a member who has had his credit card terminated under the contractual term in his agreement, he is not nor has ever been in arrears. - contract terminated, no money owing, no more payments

Does this mean that if in the future he falls into arrears and breaches the payment arrangement the creditor will be unable to issue a default notice and terminate s the account is already terminated. - How exactly would he fall into future arrears if the contract has been ended with no money owing?

 

PeterBard

 

TCU

[Guest]

Dear Sirs

 

I wonder if you could answer this for me.

 

We have a member who has had his credit card terminated under the contractual term in his agreement, he is not nor has ever been in arrears. - contract terminated, no money owing, no more payments

Does this mean that if in the future he falls into arrears and breaches the payment arrangement the creditor will be unable to issue a default notice and terminate s the account is already terminated. - How exactly would he fall into future arrears if the contract has been ended with no money owing?

 

PeterBard

 

TCU

 

HI

 

You dont seem to understand these are not my views they are fact, dont know what else to say to you. The proof of these facts is in every court action that has ever occured regarding these matters, if you choose to continue believing something that is not the case then there is nothing more i can do for you. As for being arrogant , no i dont think i am i just know what i know, would it make you feel beter if i pretended to be ignorant on this matter i do not understand what you mean here.

 

Peter

[Guest]

Dear Sirs

 

I wonder if you could answer this for me.

 

We have a member who has had his credit card terminated under the contractual term in his agreement, he is not nor has ever been in arrears. - contract terminated, no money owing, no more payments

 

Does this mean that if in the future he falls into arrears and breaches the payment arrangement the creditor will be unable to issue a default notice and terminate s the account is already terminated. - How exactly would he fall into future arrears if the contract has been ended with no money owing?

 

PeterBard

 

TCU

 

HI

In a final attempt to get through.

 

Above you say a terminated account has no money due on it;

Consider this, every court action that has ever been taken to recover funds on a defaulted agrement has been made on a teminated account, in fact it is a pre requisite of court action that an account is terminated. How does this reconcile with your belief that there are no monies due on a terminated account.

 

Peter

Edited April 24, 2011 by peterbard

[postggj]

quote

 

in fact it is a pre requisite of court action that an account is terminated

is that in the default and termination regs peter or the cca

 

regards

 

postggj

[Guest]

quote

 

in fact it is a pre requisite of court action that an account is terminated

 

is that in the default and termination regs peter or the cca

 

regards

 

postggj

 

Hi Postbagg

 

No it just generall court procedure.

Until an agreement is terminated the debtor has a contractural right to repay the loan in the method prescribed by the terms of the agreement(installments).

Before he can demand for early repayment of the principal he has to remove those rights by terminating the agrement.

The court would not enforce an action by the creditor otherwise because it would be going against the agrement.

 

It is all about the court having the ability to enforce

 

Peter

Edited April 25, 2011 by peterbard
to many ees

[Jamesx81x]

At what point did I say there are no monies due on a terminated agreement?

 

I believe it was you who stated there were no monies owing on the account you refer to in the first paragraph of your question

[Guest]

Dear Sirs

 

I wonder if you could answer this for me.

 

We have a member who has had his credit card terminated under the contractual term in his agreement, he is not nor has ever been in arrears. - contract terminated, no money owing, no more payments

 

Does this mean that if in the future he falls into arrears and breaches the payment arrangement the creditor will be unable to issue a default notice and terminate s the account is already terminated. - How exactly would he fall into future arrears if the contract has been ended with no money owing?

 

PeterBard

 

TCU

 

HI

This is here you said NO MONEY OWING did you forgetr?

 

Loook my authority for this is from the OFT, i went to all the trouble of gaining this for people like you who do not weem to want to understand the legislation.

The OFT is the body chosen by the secrtetery of state to oversee the CCA. Their solicitors say that a default can be served on an account that is terminated.

Now what more do you need.

 

Peter

[Guest]

HI

I have been reading through some of you previous posts and i think I now understand where you problems lie.

You seem to have come in on the tail end of a major misconception that was held by a group of people on this forum(and only on this forum) that was initiated by a post made in 2008 by surfaceageany*20. These errors have been built on and compounded by this incestuous little crew to the detriment of many on this forum. This is s mater of record.

The aforementioned post was completely flawed and relied on a misunderstanding of both legislation and case law. Most of this group have now had to modify their position or even completely abandon it some have suffered because of it.

Do yourself a favour and think for yourself. Look at the facts.

I shall not be commenting on this thread again I think I have given you enough information it is up to you.

Peter

[drewwhonumba2]

Guys can you help with my DEFAULT?

 

I have an £81 HSBC default that was issued in September 2008 and was satisfied in September 2009. I essentially had no idea about this until I recieved a letter from a DCA and paid it back, it then showed as Satisfied.

 

I decided to go into HSBC and find out what the default was for and was shocked but am not sure what to do about it. Basically HSBC would not give me a student overdraft but I already had an ol account with barclays who would so I started having my wages and student loan paid into the Barclays account.

 

The people in the branch were very helpful and told me that I had initially drawn out £10 which took me a few pounds overdrawn. I was then being charged £12.99 as a premium fee for several months. But I had forgotten I had even agreed to this and only upgraded the account as i thought i would then get an overdraft.

 

So the balance of £81 was for accont fees and a few quid overdrawn, I wasnt getting any value for the account as id stopped using it.

 

This is blemishing a reasonably nicely repaired credit file...and 2 ccj's falling off in July and September this year woo hoo

 

Any advice on how to try and have this removed...what approach is best?

 

Thanks guys