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Please can one of the expert take a look at the attached document from Halifax and advise if it is a binding agreement. Received after a CCA request. I have also received a default notice, which I believe to be invalid due to the time allowed to rectifiy.

DN dated 21 May 2009 - giving 3 days for postage - they should have allowed until the 9th June but only allowed until the 4th June to rectify. As result of not reply to DN Halifax have now terminated the credit agreement on the 3rd June, one day before they allowed me to rectificy the DN.

Have also received a letter from debt collector.

Any help would be most appreciated. Also what should I do next?

SCC

Halifax.pdf

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Hi,

As I see it, the CCA is invalid by virtue of the terms and conditions being on a separate sheet and not within the 4 corners of the signature document however, it matters not a jot because the DN is invalid (could you post it up, I need a good laff :D)

 

Because they didn't allow time for service of the DN (2 days for 1st class, 4 days, second class) and have now terminated the account, they can only claim the arrears up to the date of termination.

 

Your choice, pay the arrears and tell them to bog off OR tell them to bog off with an invalid CCA. win-win :)

 

fox


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the advise silverfox1961.

 

Do I contact Halifax direct or do I contact the Debt collector.

 

If I pay the arrears is there any way they can continue to collect the outstanding balance or do they have to write it off? If I pay the arrears can I then get them to clear my credit rating?

SCC

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Highly unlikely your credit file will be cleared unless you take them to court.

 

I would let the DCA know about the faulty DN. that will surely p*ss them off and it will make CAG's day.

You could also point out that the agreement, isn't:lol:

 

 

fox


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks Silverfox, will contact the DCA on Monday.

 

SCC

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