Thread: GARY68 -v- Halifax Platinum card **WON**

Hi all Im about to start a new thread on gary68 v Halifax plattinum.
credit card since 2002

I have asked for agreement under cca request which hasnt shown up,sent account in dispute letters off and telephone harrasment letters off,
to date they have now sent me a application form and it doesnt comply with section 127 implied terms.
I have not payed anything on the account for 4 months.

can somebody have a look at this default notice-which was received on the 24th of April.
noticing the dates on the letter I would like to know of it is legit an what i could do about it.

http://i407.photobucket.com/albums/p...t24thapril.jpg

http://i407.photobucket.com/albums/p...t24thapril.jpg

The default notice is faulty and invalid!! It's dated the 17th April and only gives you until the 18th April to resolve - even then you didn't receive it until the 24th. Don't tell them - just hope they terminate the account then they've not got a leg to stand on

Hi Clemma

many thanks for the reply,I guessed i was right just wanted it confirmed,
think I should save till a later date,when would be the best time to bring this up....at court stage or earlier?

Hi Gary can you do me a favour I never received a DN though they reckon one was sent, though my S.A.R never mentions one being sent to correspondence address.

I queried a the letter ref number on my S.A.R - L9211, the data controller said that meant DEFAULT NOTICE when asked.

What is the letter ref on yours as two others I have seen match eachother being L9220, but not the ref number noted on my S.A.R.

I never received a DN.

milly XX

HI Milly
just got in,
on the default letter i received it was the same as your L9220 but no L9211
i will have a look through my SAR later to see if I have that ref they are quoting.
gaz

HI Milly
right I have just checked through and there is no copy of a default notice in my SAR,the L9220 code was down the side of my crappy default notice.

To be honest they should include the default notice in your SAR if you was sent one and they shouldnt need to rely on a code number,

In court if it came to it im sure they would need to prove you had one sent you..wouldnt they,?
sorry if I havent helped.

Gary you have helped believe me I never received a DN and my S.A.R showed a suspect entry on it under collections (it was manually entered I believe when I told them they never sent me a DN before terminating my account) all letters ever sent showed as TO CORRESPONDENCE ADDRESS apart from this one


Many thanks XXXX

Milly XXX

It seems they keep back tracking themselves to cover their mistakes maybe its down to the cpr request,
you only have to look at my default.
I had to pay before the 18th April yet it was dated 17th April and delivered to me on the 24th april....what

Originally Posted by GARY68

It seems they keep back tracking themselves to cover their mistakes maybe its down to the cpr request,
you only have to look at my default.
I had to pay before the 18th April yet it was dated 17th April and delivered to me on the 24th april....what

complete numpties.........but EXCELLENT for you Keep quiet and DO NOT TELL them!!!

milly XX

Today received the following.




should I reply? anyone had same letter ?

It's just a bog standard threat-o-gram full what they MAY and COULD do. Ignore and file away

Hi Clemma
thats what I intend to do,they havent got anything anyway in the way of enforcability and their faulty Defaults so not worried

UPDATE,
As from yesterday I no longer have a outstanding debt with this card,
I have claimed back the PPI on this account and won, this has paid off the balance and give me a nice cheque over,

The only trouble with this now is the dodgy Default and now I want it removed,I dont just want a satisfied on the account,

whats my best course of action with this anyone?

My initial thoughts are to write to the Halifax with a copy of the Dodgy Default with a nice letter,any ideas would be appreciated

well havent updated for a while,

Ive been paid out all my PPI and it has cleared my card of 2000 + gave me £4000 over,

so now for the default removal and some £300 pounds worth of charges which the Halifax included when they paid the £2000 balance off.

So to recap this was the default notice they sent me,-note the DATE of which to pay the amount by.

So to start with I was more bothered about the default so I sent the following letter


Dear Sir/Madame

Please find enclosed the default letter you sent me which arrived on the 24th April of which I still have the envelope,

It has come to my attention after reviewing my credit status that you have registered this default notice with them, I would like this default removed from all credit reference agencies.
The above account was put into dispute on the 5th February and you were issued via recorded delivery on 23rd February a statuary notice under section 10 of the data protection act to cease processing any data in relation to the account while it was in dispute,


The Default notice supplied by the Halifax is dated Friday 17th April, to allow service in line with the statutory requirements, 2 working days were required to allow for 1st Class postage.(not including Saturday& Sunday) Thus the Rectify date should be 14 calendar days from Tuesday 21st April, namely Tuesday 5th May 2009, not the 1 calendar days from the date of the letter as stated in the Default notice which would have been 18th April. This notice arrived on 24th April.
.
The attached Default Notice served s87(1) Consumer Credit Act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

For a Creditor to be entitled to terminate a regulated Credit Agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the Agreement, a creditor must serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 which states:

Section 87. Need for Default Notice

(1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement -
(a) to terminate the Agreement, or

(b) to demand earlier payment of any sum, or

(c) to recover possession of any goods or land, or

(d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or

(e) to enforce any security.

The Act also sets out via Section 88(1), that the Default Notice must be in the prescribed form, as below:

Section 88. Contents and effect of Default Notice

(1) The Default Notice must be in the prescribed form…

The wording must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue.

.
This is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87.


I therefore put Halifax to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach. I also note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).


Halifax have failed to issue a valid Default Notice to prevent a right of action and would make any termination of the Agreement unlawful, as statute provides the procedure that must be followed. Since the Halifax failed to adhere to statutory procedure it is averred that the Halifax does not have a right of action, and can never now have a right of action having terminated the Agreement unlawfully.

I note that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in the regulations the Default Notice is rendered invalid as a consequence.


Furthermore, the Arrears Total outlined cannot be accurate, as the Balance on the Account was at least partly comprised of Unlawful Charges plus additional Charges and interest added unlawfully whilst the Account was in Dispute. Therefore, the Arrears claimed cannot be accurate, as they are themselves calculated using a Total that was itself inaccurate.



Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Halifax was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future.

What I require

This account was in dispute and you have sent me an invalid default notice and registered this against my file, this has caused me considerable damage and I now require you to inform all the credit reference agencies to remove such data.
If I do not hear back from you in the next 14 days then I will begin court action for the data removal in respect of the section10 notice served and will seek the charges back from the account which are £360. Plus compensation for defamation.

I trust this clarifies my position

Yours sincerely

I sent this letter to Retail collections as they are the ones that issued the default,

There was no reply to this so....I sent the letter below and included the previous letter plus a copy of the default letter and highlighted their mistakes.

letter before action
Dear sir/Madame
You have failed to respond to my letter of complaint from the 23rd July,
Please find enclosed again for your perusal,
I have outlined my complaint and I haven’t had a positive reply or have been ignored, my complaint relates to a disputed account for which you have gone against the OFT guidelines and defaulted my account whilst in dispute.
Halifax issued a Default Notice dated 17th APRIL 2009, under section 87(1), which stipulated that an alleged breach of clause 2.2 could be remedied if a sum of £330.26 was paid by APRIL 18TH 2009. (This was received on 24th April 2009)


The Consumer Credit Act 1974 section 88(2) sets out a period that must not be less than seven days after the date of service of the default notice, and has been further amended to fourteen days. Consequently, the Default notice is unlawful.
I note that Equifax have a Default on file for March 2009, Please explain,,,
I also have unlawful charges on my account which I require refunding.
I note since the OFT recommendations you have reduced your credit card charges to £12 however I note in the same OFT recommendations the following passage:-

“We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

Therefore in order for you to charge me £12.00 you must demonstrate to me that it costs Halifax £12.00 for late payments. I should warn you also that in any court claim I will ask for strict proof of this charging structure and ask for the court to order disclosure of this structure.
I will also put Halifax to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach. I also note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).


What I require
I will give you 14days to remove the Default and refund £213.00 + £145.59 interest charges you have applied to this account after which I shall be issuing Halifax plc with a court claim, at XXXX county court for the above + court cost and 8% interest allowed by the court.
Yours sincerely

Yesterday I recieved a letter offering a full refund of all charges plus 26% contracual interest +8% interest and,

"I have reviewed your account and can confirm the default notice registered against this account was legitamate, Unfortunateley , due to an administration error we quoted the wrong date of payment for the arrears.
As a result of this administration error I have made arrangments for the default to be removed from your credit file,but this can take upto 40 days."

So result

Can a mod change my title to won please

Great to hear it.
Thread title amended.