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  #11  
Old 20-01-2008, 03:46 AM
ian1969uk ian1969uk is offline
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Quote:
Originally Posted by TANZARELLI View Post
"Failure of a Default or Termination Notice to be accurate not only invalidates the Default or Termination Notice (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)"

Hi Ian both these cases are in the caselaw section.

Tanz, just noticed you put this in quotation marks, can you please tell me where it is a quotation from?
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  #12  
Old 20-01-2008, 02:48 PM
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TANZARELLI TANZARELLI is offline
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Originally Posted by ian1969uk View Post
Tanz, just noticed you put this in quotation marks, can you please tell me where it is a quotation from?
LOL I was quoting from your earlier post mate was not sure if you knew the cases were on here or if you had them already.
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  #13  
Old 25-02-2010, 06:20 PM
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hi

just descovered this old thread.Wondered if anyone has had any furter thoughts.

Some people are under the impression that becaiuse a credit can agrement has been terminated,prior to default then a defaltn notice cannot be issued.

My belief has always been that any party can terminate a contract any time he likes. The liability under the contradct does not dissapear of course.
I have heard judges say that the contract has been terminated undre section98. My initial response to this was ,surely this is for fixed period loans only, but if you look at the section the fixed sum bit is only mentioned in the subsection.

So does this not mean that the ability to terminate none defaulting agreements exists under the cca.

The OFT says in its guidlines say that it is not nessesRRY TO send default notices on none defaulting agreements on runnoing credit accounts sop they seem to think so any thoughts

Peter

Last edited by peterbard : 25-02-2010 at 06:25 PM.
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  #14  
Old 18-11-2011, 07:39 PM
pt2537 pt2537 is offline
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An interesting concept this "unlawful rescission" argument

Break down what is recission and you realise it is intended to put parties back in the position they would have been in pre contract. So how can that help someone whom has a 20k credit card debt?

One must remember the latin Restitutio in integrum which is the process of putting parties in the position they would have been in, if the transaction in question never took place. Both sides of the transaction must be undone for this to be possible. It is relevant in assessing whether the equitable remedy of rescission is available.

If you rescind a contract then the parties should be put back in their pre contract situation, thus you must repay the 20k you borrowed from the creditor and the creditor repays you the money you paid them

So how does that help you if you have borrowed more than youve repaid

just a thought of course, but i cannot see how the unlawful recission nonsense can ever work, infact there have been county court rulings where it simply didnt work and the debtor lost
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  #15  
Old 19-11-2011, 07:35 AM
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I have been sent a Termination Notice by a certain bank. it is for alleged arrears on an loan which was paid out on the death of husband. They had mis-sold PPI amd refused to address this issue for eleven months despite the FOS becoming involved. I then sent them letter staing if the the PPI was lawfully sold they could then pay out the loan on husband's death. it took adjudication by the FOS for this happen, so they paid out on his death. The PPI would not been claimed on in normal circustance because husband was in receipt of Military pension and working full time, so would not have been eliible for PPI protection. They are now trying to claim the 11 months of payments plus interest (this has been accruing for some four years. twist to this tale is that our DD failed to the same bank as they had allowed some pond life to skim off all our money, put us into overdraft over the agreed limit and hit us for this also. This happened in August 2006. |i refused to pay the failed payments and accrued interest until they sorted out the matter of the Pond Life. They never did adjust the account. This week I got the Terminatioon Notice and told they would pass this on to debt collector or sell the alleged debt. FOS never made a determination on the unpaid payments while account was in dispute but told me to come back to them over it if the bank tried to collect. The bank over the years have tried get me to make payments but I refused pointing out the facts, so each month came a threat o gram and nothing done other than default notice. I was hoping it would go to Court. Oh the loan was in joint names. i notified the bank that i had re-married and funny thing here, they altered to name on the so c called loan, haven't on the supposed unpaid overdraft and not on my mortage. I have written three letters to the Head Office with complaints about the threat o grams and the name change. none of these have been replied to.

So where does this termination notice put me?
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