Thanks a lot! I've drafted up a letter to respond to them and see what happen next!! Thanks for your help!

Thanks for explaining the terms, that is what I understand as well. My concern is that if I paid my proposed amount should they accept it and then turn around and didn't acknowledge payment and say demand further money, then I've no evidence that they offer a reduced settlement due to the terms they put in their letter?! In short, how can I make sure they comply to my terms? Deb T- I understand since I'm not accepting their offer of 50% and therefore the letter is useless on this occasion, I'm just preparing for the future letters I shall be receiving when I offer my 40% proposal..no doubt they put that terms in all of their letter to protect themselves,right?!

Hi all, My o2 phone contract has been passed onto Westcot few weeks ago due to miss payment. Now they've sent me a letter offering a 50% settlement which is a bit more than I can afford, so I'm trying to get it down to 40% which I think is possible as they offer me the 50% without any negotiations etc. Trouble is that I want to make sure they'll mark it as 'satisfied' on my credit files once I pay the agreed amount. I'll sent them my offer in writing tomorrow. My concern is that on their letter it is written 'without prejudice', does that mean I can't really use it against them if they fail to comply with my request to mark it as a fully satisfied settlement even if I do pay up? How can I put it in a letter to get them without that terms? I apologise in advance if it sound silly..I'm not very familiar with legal terms etc.. Thanks!!

Ok, received a reply from Halifax responding to the letter I sent earlier to accept the termination of my account and at the same time to point out the messed up with dates on my default notice. They decided that they did nothing wrong explaining that the Default Notice was dated 4 March (received by me 8 March), the DN stated that I have until 25 March to pay the arrears. However, I received the termination letter dated 17 March (received by me 19 March). Their argument is that according to their dates 4 March-17 March = 14 days which is enough days. ( I thought they also have to allow posting times?!) However, they have disregarded the fact that they stated I have until 25 March to pay but instead terminated on 17 March!! I could have the intention to pay say 20 March and found that they've issued a termination already?! I really don't know what to write back..it's not rocket science but it is like writing to a kindergarden child sometimes. Any advice will be most grateful!!

So, after replying to Halifax about their messed up on their dates and terminated my account earlier than they stated on my default notice. They've chose not to respond and instead I've received my 1st letter from Albion (who I believe works for Halifax?!) demanding payment. I'm not sure what my next step will be? Will it help if I respond to them stating the messed up DN and therefore I'm only owing them the arrears at the time instead of the full amount? Any help will be most helpful!! Thanks!

Is it just a simple line to accepting termination via a letter?! Do I do that first and then send diddydicky's letter above to accept their unlawful rescission? I, on the other hand, does not mind DCA chasing me so long as it won't go to court..as I will be moving abroad for a few years soon. So, with this invalid DN, does it mean it'll be harder or not to the creditor's benefit to take me to court?

Hi DiddyDicky, Thanks soooo much! :DI really appreciated that, will be sending that to them as soon as I can and will update here on what they'll come up with next!

Hi Middenmess, thanks for the link! Just read it all with interest! Can't believe they can made such a mistake!! Well, I'm sure I'll get the same response when I write to them to tell them what they did and with them telling me they never terminated that account yet etc..well, I got the letter (probably same one like yours) to say that they're passing it to a DCA and that they have terminated this agreement, black and white! Did they enter the default on your credit files? If so, did you managed to remove it because of the mistake that they made with the DN etc?? I don't think they've notify mine yet to the CRA, but I guess if it is invalid DN, I might stand a chance to get it remove..to be honest, not that I'm really bothered as it'll be trashed anyway! Well, will be reading your updates and see what rubbish they'll come up with next!

I've just come across this thread and I'm in the same situation too but it's with Halifax. I'm trying to understand what my next step is, many mentioned that I've to wait until they terminate my agreement. The letter which I've received too early (before the date stated on Default Notice) telling me they're passing me to a DCA to be dealt with also mentioned that they've now terminated my agreement. Does that counted as a formal termination? I should assume so as it is black and white but not sure if I should be expecting any other formal notice etc concerning termination of accounts etc. I see that these terms 'written to accept their unlawful recission of contract' has been mentioned previously, can someone pls tell me what does that mean or is there a template to adapt so that I can let them know what they did wrong and therefore just pay them the arrears instead of the full balance? http://i807.photobucket.com/albums/yy360/pinkshoppy/HalifaxTermination.gif

Thanks Angel 1 for the link , I managed to search that myself as well and made another post there to see if I get any help from there. I know from the dates of the letters that they've made a mistake but the difference with many of the previous cases is that the default notice that they issued was actually valid to begin with as it was dated 4 March and allowing me until 25 March to pay the arrears before termination of account. So, they left plenty of days for me to pay up..however, they made the mistake to send the termination letter way too early, dated 17 March to say I've failed to pay the arrears on the date they stated on the default notice!! Unless they're psychic?! :rolleyes:So, in short they terminate the account too early and did not stick to the date they requested on the DN. So, I'm still searching for a suitable response to them as most letters I come across are failing to give enough days to remedy the notice, where in my case it's slightly different based on the correct DN they've issued to begin with.

Come across this thread after I've posted my DN in the Halifax section, I thought prehaps I can get some valuable advice from here since it is relate to invalid DN. I've attached the 2 letters received from Halifax regarding the credit card agreement I had with them. I've request CCA and they sent them back promptly with my signature and terms etc, to me it does look enforcable but now they've seem to send me an invalid DN or at least they messed up the dates completely showing they didn't stick to the dates they stated on the DN and terminated my account early. Can someone please suggest me a letter to let them know what mistake they done and therefore I'm now only owe the arrears of the debt?! (I assume!) and also any letters to sent to the CRA to get the default remove since it is invalid? Thanks for any help!! http://i807.photobucket.com/albums/yy360/pinkshoppy/HalifaxDefaultNotice.gif http://i807.photobucket.com/albums/yy360/pinkshoppy/HalifaxDefault2.gif http://i807.photobucket.com/albums/yy360/pinkshoppy/HalifaxTermination.gif

Thanks Laura! That's what I thought as well with regardings to oweing the arrears now, I really don't mind paying for that of course! I'll continue to search for a letter to write back and tell them what they've done wrong and what I'm propose to do (ie. pay the arrears)..but at the meantime, if anyone know of another similar thread to point me towards, that will be most helpful!!

Hi all, Following the threaten door visits by Halifax, I've since received a default notice for my credit card (they managed to produce a signed credit argeement which looks enforcable to me) and as I was worried how they might eventually take me to court etc, they seem to have messed up with the dates of the default notice and termination of my account. I've attached with this post the default notice they issue, dated 4 March and given me until 25 March to pay the arrears. But on 19 March I actually received the letter telling me that because I failed to pay the arrears on the date the default notice stated, the are not terminated my account. That letter was dated 17 March!! So, that means they didnt stick to their original date of 25 March. I would have thought that this will be considered as a dodgy default notice or that they terminated my account without following the rules of giving me enough notice?! Can someone pls advice me about this? I'd appreciate if there is a sample letter to send them now that they've muck this up?! Many thanks!!

I'm no expert at all regarding that but I'm sure Johnnymitch will come up with some good advice! Having said that, they still haven't reply to my letter regarding the 1 month payment that they still haven't credit back to my overdrawn account! They're still charging £50 fee for going over the agreed limit which I'm trying to get them back as well!! Looks like another looong battle!

Thanks Sunflower99 for the explanation regarding agreement taken out after 2006, Yes it proves that my guess is right then, as mine was taken out Dec 2007, so will be difficult to argue. The thing is that I fully acknowledge my debts but just like everyone else having a hard time to pay and I just want to make a reduce payment which sadly didn't seem that Halifax want to be bothered with.:-| Has anyone ever write to them to offer reduce payment and freeze interest with success? Re Bigdebtor: Since I'm redirecting my mail from another address, the post mark won't apply..but from what I work out, they have left it with plenty of time as their letter dated 4 March, which I assume I should have received it at my original address around 6/7th and the default Notice given is 25 March..so can't argue with that I think?!

Quote: Originally Posted by sunflower99 Sunflower99, I received the exact same letter..almost exact same wording for my CCA request. The only difference is that mine got my signature on it. But without theirs..do they need to sign it to make it valid? They've just sent me a default notice asking for arrears payment by 25 March or else they will terminate my account. Just hope they can't locate your signed copy!!

Thanks Johnnymitch, brilliant as always!! :)Letter looks great, simple and make sense to me, so will send that off and see what they say. Still struggling to chase the loan repayment they took from my overdrafted current account. They've refunded one month's worth but claim that never took the 1st month's payment which was obvious that they did from the bank statement, so will now drop off another letter to make it more clear... update real soon...

Hi all, From my last post re: door visit, I guess they'll just calling bluff! I'll soon find out if they've added extra door charges for their legwork, if any! I urgently need some good advice as today I've received the default notice from them, demanding me to pay my arrears before 25 March or else they'll take further action. I've already requested a CCA from them and they comply accordingly, from my limited knowledge, it actually looks like the real deal, with my signature on as well. Since this card was taken out Dec 07 online, is it right to say that it is enforcable even without signature? From the copy they sent me, it only contains my signature and without any signature from the bank, will that be valid as well? My dilema is that I'm trying to buy time, though I can't pay the arrears in full..I still intend to make little payment each month. Are there any letters or action that I can take to delay them putting a default on my credit file? My reason is that I'm in the middle of applying for citizenship and a default will mean that I'm of no good character!, so I just need to buy a month more or so before they trashed my files..bad timing, I know! So, I really appreciate if anyone have similar experience can help in this case..will it be helpful if I scan a copy of that agreement they sent me? I have a feeling that becos it is applied online, the legislation is pretty loose or to the bank's favour?! Thanks in advance:)

So okay, sometime has past now since I receive HSBC's letter confirming they do not have my signed agreement. I've yet to respond to them regarding this. I received in the post another letter detailing the amount I owe for this loan and also the amount I'm currently in arrears for i.e. two months of missed payments. I really would appreciate help on my next step as I will not be able to make payment especially now knowing that this agreement is un-enforceble. So, can anyone suggest the next letter to send? Will an account in dispute letter applies seeing they cannot produced a sign copy of my agreement which I originally requested for? Or a letter making them known that I'm aware that this loan is not forceable and therefore ask to written it off or accept a heavily reduced full and final settlement? I really appreciate if someone can share their experience if they've been in similar situation. Thanks again!

Hi all, Have re-edited my post above, please have a look to see if it make sense?? Thanks again!!

Thanks Cerberusalert! I shall keep this hard copy of letter safe then! No doubt they'll still pass it on to DCA eventually and this will come in useful. I think I'll still send in the letter you posted but adapt it to suit this circumstances. Thanks again.

Thanks, :)I understand that the debt won't just go away that easily! But my main concern is for it not result in court. I really don't mind how they want to chase me for it or trash my credit rating as it is already trashed and don't plan wanting any credit in the future..well at least for the next 10 years! Thanks for the template letter, I'm just a bit confused if I should send that letter as it again demand a true copy of the agreement etc from them but they have already admitted that they don't have it. So, are there any point to ask again when they don't have it? Or does it mean to say to them becos they can't produce the sign copy, I can now put the account in legal dispute? I know I need to response but just don't know what to response with..

Hi all, Trying desperately :confused:to find an answer to my question and figure maybe someone can kindly advice?! As some may have seen under the HSBC thread that I've recently request for a copy of my signed CCA for an unsecured loan with them. Though they took a bit over the 14 days timeline, they confirmed in writing that they cannot locate my original signed agreement and instead send me the blank proposed agreement at the time and some T's&C's. They suggested that although the account would have been in dispute and on hold while they took longer to send me the documents, as they've now produce the BLANK forms the account is active and that I still owe the money with charges and interest added on. Am I right to think that this is now an un-enforceble loan ie. cannot be send to court or chase by DCA etc?? If so, what is my next step? Should I either make an full and final offer or just wait and see? I'd appreciate if someone can point me a letter to send them, perhaps letting them know that this debt is uneforceble and ask to be written off? Manys for any help in advance.

Hello?!?! Are there anyone that can help re: letter I can now send since they come back with No CCA?? Also, can anyone suggest ways to edit my previous post? Need to edit the attachments..how can I edit/delete them?? Thanks a lot!

Thanks everyone! I feel a bit better now, I've decided not to travel over 150miles to sit in an empty house waiting for no one to turn up. It is exactly the type of wage slip notice that Helford described. Has anyone managed to negotiate a reduced payment plan directly with Halifax? I've written to them but they direct me to payplan etc for help and ask me to make token payments meanwhile. If someone managed to get a reduced payment set up with them direct, are there any template letter which might give me more success from them? Thanks again!