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Is this Halifax CCA enforceable please?


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does'nt really matter if it was posted on 11th (sat)

 

service by first class would be deemed to be served on you on the 14th

 

date of remedy should be 28th

 

 

but keep the envelope anyway

 

can u post it up?

 

also check the arrears amount

 

if you have been charged default sums etc then it is likely that the arrears claimed are also defective

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Halifax are really awful at default notices arent they.I gather its the most unqualified thickest people within the company that produce them because they really cant count.

 

I had one in February(that I hadnt checked till yesterday) that was dated 2nd Feb and the date of remedy was 21st January :confused:

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Halifax are really awful at default notices arent they.I gather its the most unqualified thickest people within the company that produce them because they really cant count.

 

I had one in February(that I hadnt checked till yesterday) that was dated 2nd Feb and the date of remedy was 21st January :confused:

 

 

Lol....oh dear, I think Halifax are keen to demonstatre just how incompetent they really are at any given opportunity!

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Bumping......

Hi Stressed,

 

As DD has said, the default notice is faulty without worrying when it was posted. It only allows 14 days, no time for service.

 

You can be cheeky and send DD's letter from post 66. It may wind them up.

 

Basically they have shot themselves in the foot.

 

Was the DN figure much.

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The DN figue is £163.00 however, Diddydicky mentioned something about the amount they are claiming as remedy needs to be correct as well, therefore, wanted to find out how thie amount of £163.00 would have been caculated, the actual arrears outstanding according to the statements amounts higher then this....

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The DN figue is £163.00 however, Diddydicky mentioned something about the amount they are claiming as remedy needs to be correct as well, therefore, wanted to find out how thie amount of £163.00 would have been caculated, the actual arrears outstanding according to the statements amounts higher then this....

You could check through your statements to see if you can tie it down. If it includes default charges then this adds to the defective DN.

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The DN figue is £163.00 however, Diddydicky mentioned something about the amount they are claiming as remedy needs to be correct as well, therefore, wanted to find out how thie amount of £163.00 would have been caculated, the actual arrears outstanding according to the statements amounts higher then this....

 

since last october they should have been sending you notices of default everytime they added a charge they will be useful

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Im really tempted to write to Halifax and ask them what the hell they think they're doing putting a default on my file while account is in dispute, however, I have noticed that on other threads people have been advised not to as it woould give the upper hand to the debtor if account is defaulted and terminated...? Anyone knw how I should proceed?

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Hi stressed150,

 

Subbing with interest. OH has rec'd defective DN, copy of application form without prescribed terms, current T&Cs and letter confirming agreement has ended.

 

I am not an expert but vint & dd advised me not to alert halifax of the defective DN, so I personally would say don't write to them because no doubt you will get the usual c**p saying it's their duty to default you and the account as far as they are concerned is not in default.

 

It would seem, that it's in your interest for them to terminate the agreement, they then can't go back and change the DN so that it's no longer defective.

 

I'm sure DD/vint & others will look in shortly to advise. (hoping they haven't forgotten me:( http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197540-bos-halifax.html)

 

All the best;)

Edited by joemay
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Im really tempted to write to Halifax and ask them what the hell they think they're doing putting a default on my file while account is in dispute, however, I have noticed that on other threads people have been advised not to as it woould give the upper hand to the debtor if account is defaulted and terminated...? Anyone knw how I should proceed?

 

Hi Stressed, I would hold off at the moment on mentioning the DN. Wait for termination of account.

 

Have they sent a valid CCA

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Hi stressed150,

 

Subbing with interest. OH has rec'd defective DN, copy of application form without prescribed terms, current T&Cs and letter confirming agreement has ended.

 

I am not an expert but vint & dd advised me not to alert halifax of the defective DN, so I personally would say don't write to them because no doubt you will get the usual c**p saying it's their duty to default you and the account as far as they are concerned is not in default.

 

It would seem, that it's in your interest for them to terminate the agreement, they then can't go back and change the DN so that it's no longer defective.

 

I'm sure DD/vint & others will look in shortly to advise. (hoping they haven't forgotten me:( http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197540-bos-halifax.html)

 

All the best;)

 

spot on - my you are learning fast!!

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Thank you guys, will not mention the defective DN or anything relating to DN to Halifax, someone asked in an earlier post whether I had recieved an enforceable CCA, however, to date I have not recieved this, Halifax have sent me an illegible copy of an application form without the prescribed terms and conditions (no interest rates etc), after several correspondence disputing the illegibility of the application form, sent them the letter in post 66 thanks to DD.... Halifax are usually quick in responding so I am expecting a response any day soon, as soon I recieve this I will update this thread with the outcome....xx

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Thank you guys, will not mention the defective DN or anything relating to DN to Halifax, someone asked in an earlier post whether I had recieved an enforceable CCA, however, to date I have not recieved this, Halifax have sent me an illegible copy of an application form without the prescribed terms and conditions (no interest rates etc), after several correspondence disputing the illegibility of the application form, sent them the letter in post 66 thanks to DD.... Halifax are usually quick in responding so I am expecting a response any day soon, as soon I recieve this I will update this thread with the outcome....xx

 

i wouldn't bank on it- their response to mine was to give it to a dca

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Lol, Ur prbly right in that case I take it I stop contact with them untill court stage? What happend with your cse in then end? Has it progressed to court etc?

 

no i only had the one albion letter

 

i gave them a list of the letters i sent to halifax which i am waiting a response to (4 of them) and told them when halifax have responded to my letters (one of which is an invitation to write off the debt) then ill respond to theirs!!

 

form an orderly queue!!

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no i only had the one albion letter

 

i gave them a list of the letters i sent to halifax which i am waiting a response to (4 of them) and told them when halifax have responded to my letters (one of which is an invitation to write off the debt) then ill respond to theirs!!

 

form an orderly queue!!

 

 

Is the balance of your account over £1000? Mine is just under, I'm getting the feeling that the balance plays a big part in write offs etc....??

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Ok, guys, recieved a response this morning from Halifax stating they are refusing my offer and will continue to file info with CRA's etc anddefault will go on file soon..... they also still stating that the agreement they sent is enforceable... Also in the post was a letter from Power2contact, to whom I will be writing and explaining that the account is in dispute...

 

But what can I do as far as Halifax are concerned? I really don't want to go to court with this....

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