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I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.
I had a couple of 'issues' and missed the last two months payment.
I received a DN from the Halifax with a remedy date of 10th December 2009.
I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.
I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.
I had a couple of 'issues' and missed the last two months payment.
I received a DN from the Halifax with a remedy date of 10th December 2009.
I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.
I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.
Any thoughts?
the only thing i can think of is ......... which champagne shall i choose!!
if you need a reply letter ill do you one but i am away until next monday=- let me know and ill do it then
Do you think the letter stating they'd terminated on 3/12, combined with the DN with remedy date of 10/12, is sufficient to defend should they bring proceedings?
Thanks for your help - and if / when you have a min to pen me a reply I'd be really grateful
Do you think the letter stating they'd terminated on 3/12, combined with the DN with remedy date of 10/12, is sufficient to defend should they bring proceedings?
Thanks for your help - and if / when you have a min to pen me a reply I'd be really grateful
Lol. When I spoke to them on Monday to confirm the remedy date of DN, they told me they may have issued it, but a default wouldn't be registered. They told me it wasn't 'passed over' until seven months, and I was only two months in arrears.
The letter today's also telling me if I don't pay up pdq they'll report me to the CRA's.
Thinking about it, the real irony here is that I think they had an enforceable CCA - and I was quite happily (with the exception of the last two months) making payment!
Heres the scans of the DN and termination notice. It all looks ok for me and not so ok for them.. but they do have an enforceable CCA in my opinion so I need to be 110% sure before I let it default- although it seems they've already done it.
I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.
I had a couple of 'issues' and missed the last two months payment.
I received a DN from the Halifax with a remedy date of 10th December 2009.
I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.
I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.
Any thoughts?
Great news all in all.
This is indeed unlawful rescission of the agreement. They are daft. Can you scan and post the DN up minus your personal details. That also may be faulty. Did you keep the envelope? although not that important given the termination.
You will need to acknwoledge and accept the unlawful rescission of the agreement, after today.
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Looking at the dates of yours and fluffystuff's letters from Halifax, they have corrected their historic problem with the DN's not allowing enough time to rectify, but not linked it to the issueing of termination notices. 14 days from the 19th November is indeed the 3rd December. Idiots.
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Looking at the dates of yours and fluffystuff's letters from Halifax, they have corrected their historic problem with the DN's not allowing enough time to rectify, but not linked it to the issueing of termination notices. 14 days from the 19th November is indeed the 3rd December. Idiots.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
We are indeed in exactly the same situation as you - thanks Vint for connecting the threads.
Please could you let us have a look at DD's letter when done.
SB100 v Halifax Credit Card
a few months ago, and the agreement looked to be all good and proper so I've been paying every month.
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Originally Posted by SB100
