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Default Notice Halifax Credit Card - What shall I do now?


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Hi,

I've been issued with Default notice by Halifax for a credit card, on 2nd September to comply before 16th September - have read somewhere that this doesn't give the full 14 days notice, so does that mean this is unenforceable?

(This has been served because I haven't made the full monthly payments for the last 3 months, have been making token payments, but still being charged interest and late fees.)

The default notice must have crossed with my corrsepondance with them to help with my situation as they also sent letter dated 4th september requesting that I produce an 'up to date financial statement from a third party debt counselling service'

Whilst trying to prepare something, (as well as contiuning to try to earn some money!) another letter dated 16th Sept. referring to the default notice and saying that my details are being transferred to a Debt Recovery Agency.

How should I proceed? Do I send my £1.00 for a CA?

What are they legally allowed to do?

Thanks in advance. I'm busy reading as much as I can, but if anyone can point me to the best threads to read, I'd be very grateful.

Thanks Team!

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I would send off for a copy of your credit agreement in the first instance....letter 'N' from here..remember to enclose a £1 postal order and send the request by recorded delivery.... - don't hand sign the letter either - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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Until they fall until default of your request (12+2 working days)....then I would keep paying until then, you are quite within your rights to do this whilst they are in default of that request....(the ethics of it though are up to you of course)

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Along with 42nds excellent advice could you post a copy of the DN recieved less your personal details of course.

 

 

regards

 

Andy;)

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You can create a signature here quite simply. That's what i use these days!

Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Too small to read you need to upload to a site called photobucket and then paste a link to it in your thread.

 

 

Andy

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Hi

 

Default note is complient and layout to the perscribed format ok.Does the dates given allow 14 clear days inc delivery for the breach to be rectified?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Do you still have the envelope the default notice was posted in as that will give a clue as to the date of the letter ?

 

To clarify, do you mean the default notice was dated 4th September or received on 4th September ?

Edited by supasnooper
can't spell !

 

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Hi Andy & Supasnooper,

Just to clarify, letter dated 2nd September - request was to pay 'before 16th September' and last letter was dated 16th September.

So no, it doesn't appear to give the full 14 days.

(Don't seem to have envelope, but I think they send ukmail or something like that, so no postmark.)

Thanks again

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Ok one to retain up your sleeve should the situation require it.Basicslly if the time to rectify the breach has been incorrectly served then they dont have the right to terminate the agreement and commence litigation to enforce said debt in other words the Default note is invalid.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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That would be a fair assumption.What will happen next is they will pass it to their in house DCA B.O.S Blair Oliver & Scott ( note the same initials )

They will start to interegate you for payment threatening all kinds from blowing up your home to kidnapping your dog and offsetting it against the debt (only joking but not far short) This will resume untill you completely ignore them.Then it will be passed to a company called E.O.S now thses are a little shruder and will tell you that they have purchased the dept from BOS in its entirity but will never produce a NoA ( Notice of Assignment) and therefore cant instigate litigation in their own name.

Continue to ignore their idle threats and then eventually it will go back to B.O.S and then they will either arrange to discuss a payment plan with you and if there is no enforcable agreement will admit defeat and write the debt off. You are along way from the above yet but now you have an insight of what is about to follow and will be able to deal with the process in your time frame and will not be suprised of any undubious attempts to frighten you into and gaining your acquiesce in this matter

 

 

I trust the above is of asistance in this matter

 

Regards

 

Andy:)

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 3 weeks later...

Send this to Halifax immediately...by recorded delivery

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Subsequently as a result of having to write this letter I will be charging Halifax £25

 

Yours faithfully/sincerely

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