Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi this is my first post. I am 20 and a student and I have just been called this morning before work by a lady in Halifax credit control who told me that my account has just been defaulted and I will be blacklisted for 6 years. She actually made me cry. I am really worried, I wrote them a letter asking for a statement of all charges accrued on the account three weeks ago and they have not replied. The lady said that they had not recieved a letter at all and then progressed to tell me that I couldn't just write a letter to any old Halifax address and expect it to be replied to. I have now checked and I sent it to customer services.
I stated in the letter that I would pay all of my spent overdraft (which is about £160) and all interest, but no charges as I have not used the account for over a year and the interest is what caused me to go over the overdraft limit of £200. I now owe them £300 which I feel justified in not paying, £99 has been applied to my account in the last month.
Am I right to think this? Can I ever remove this poor credit rating? I really don't know what action to take, I would like to write them another letter today but am unsure if I have any grounds to carry on refusing to pay and offering the amount I have already described.
Please help!!!
Yes you can. The default should never have been entered in the first place.
Send the second letter in the template library - it's hardly your fault if they can't keep track of a letter - under the Civil Procedure Rules, simply sending it (without proof of postage) is enough.
You need to get a complete list of charges (with dates) from Halifax, if you don't already have a list (in the form of statements maybe).
I'm going to enjoy watching you get your money back and getting your default reversed.
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Thanks for that!
I have just sent the letter now and have enclosed a copy of my original letter for their information. Do I leave it 14 days then to wait for them to provide a summary of all the charges?
I know it's only a small amount compared to others, but when you add on all the other charges that I have paid on the account it is probably a fair bit more.
Plus I need this default removed!!!
I feel like I am being bullied by the Halifax. When I was 18 and had an emergency while my parents were away, they would not allow me to have a minimal overdraft on the account I already had, but they WOULD give me (and in fact positively encouraged me to have) a £1000 loan and a credit card with a £750 overdraft. I only wanted £20!!!! This was the start of all my problems, I only just managed to pay off that credit card last summer and close it completely before I started university and now I get the feeling they want to ruin my future for the sake of a measley £160 which I have already said I will more than happily pay... but not £300!!!
it is worth reading information on recovery of default. They have to write before and can't just say your defaulted. There is a legal process to follow as regulated by the consummer credit act 1974. Worth a read. As for a written copy of the default notice. If they didn't issue it then you haven't been defaulted (legally) yet.
Egg Data Protection Act Statements arrived. On hold.
Halifax - Moneyclaim £3100
Amex to Remove Default - acknowledged didn't issue correct documents - default removed . £135 paid in full without Court
I have received the letter now notifying me of my being defaulted...It says that I have a month in which to bring the balance into my overdraft limit. Just a couple of questions:
1. If I pay it at this stage will the decision be reversed and not show up on my credit history at all?
2. Is it better to pay now and try to claim it back later or to hold out in these circumstances?
Yes it can be reversed. I just had a default wiped out. I would suggest you contact a mod. There are some ongoing cases. I think you should write back and ask they withold default as you are challenging their fees. You can add it to you Court claim. Sure some mods can advise
.
Egg Data Protection Act Statements arrived. On hold.
Halifax - Moneyclaim £3100
Amex to Remove Default - acknowledged didn't issue correct documents - default removed . £135 paid in full without Court