Halifax Loan Cca

[Spamalot]

Thanks guys see what the SAR brings up then (give them chance to put more charges on:mad:)

 

Mine arrived today..

 

They had to send it in a van and by special delivery!!..

 

I'll let you know if I find anything interesting in there with regards to my loan as I believe we are in a similar position.

 

Spam.

[maybelate]

Glad you got it Spam how long did it take? Hope you find some intresting stuff in there.

[Spamalot]

Glad you got it Spam how long did it take? It took about 6 weeks all told but there were hiccups re the blank postal order fiasco. Hope you find some intresting stuff in there. It's such a lot of info as I have bank overdraft, loan and credit card account so it's gonna take a while but I hope it was worth the wait!

 

I'm gonna look at the loan stuff a bit later today so I'll keep you posted.

 

Spam.

[maybelate]

Hi, I had a letter today off HBOS saying that they have terminated my agreement because "I have failed to repay the requested amount by the date shown in the notice".

 

I posted the DN above, and as you can see the last date for payment is 19th August, but on the new letter they are saying that it was the 10th August? I'm totally confused now as it's still only the 5th anyway??

 

Can someone advise please?

[AndyOrch]

Hi Maybelate

 

I trust the original DN allowed 14 days to rectify the breach inc service.It clearly states before the 19th August.They have terminated the account too early IMO and therefore forefit their right to claim the full balance.

Have you made any approach to them with regards the DN and breach ie payment plan ,F/F/S?

If they have not responded to your requests just retain the DN todays letter and any paperwork for your requests to resolve.Should be fun if they attempt any litigation.

 

Regards

 

Andy

[maybelate]

Hi Andy, thanks for looking. I was considering a F&F offer, but haven't done so yet. I have sent several letters requesting a payment method, as they have terminated my current account I cannot pay by card or cheque and the standing order was also cancelled, so I have been asking for a payment book, but they just wouldn't give me one, and now they have terminated the account, way before the date that they gave me to receify.

 

Is it best to contact them and advise what they have done or jost wait and see what they do next?

 

Regards

Maybe:D

[AndyOrch]

Hi Maybe

 

Ok the Account is now terminated,they have refused to correspond,I trust you have other banking facilities in place.Have you made correspondence since the issue of the DN and have this recorded?

Do nothing now disregard any F/F/S and totaly isolate them as they have you.They may pass it to a few DCAs but you will be ready as the account is in dispute.They may consider litigation straight off and issue a summons,but you are more than ready and prepared for that also.

Sit tight build your case go through your papertrail and wait to pounce.

 

Regards

 

Andy

[maybelate]

Thanks Andy The only correspondence I have made since the issue of the DN was to ask for a payment book to bring the account up to date, but I didn't send it recorded. I sent an SAR on 16.7 (which they have ack. receipt of), I was awaiting the SAR documentation before making an F&F offer.

 

Is the account in dispute now because of the termination being too early?

 

Thanks again

 

Maybe

[AndyOrch]

Its in dispute as far as litigation is concerned,you would have to confirm Maybe if it was before the DN was issued.

 

 

Andy

[maybelate]

Hi Andy, thanks I'm having a blonde day today:DHere is the series of events:

 

I asked for a copy of the CCA before DN issued (1st post) which had incorrect interest rate.

 

I sent several letters requesting a payment method before DN issued

 

1 letter sent to request payment method after DN issued

 

SAR sent before DN issued

 

Thanks Andy

[AndyOrch]

Hi Andy, thanks I'm having a blonde day today:DHere is the series of events:

 

I asked for a copy of the CCA before DN issued (1st post) which had incorrect interest rate.Therefore unenforcable but they have complied

 

I sent several letters requesting a payment method before DN issued.So no response and therefore Account assumed in dispute

 

1 letter sent to request payment method after DN issued

So you responded as per their advise on the DN and again they failed to respond to you

 

SAR sent before DN issued (40 days and they are indefault)

 

Thanks Andy

 

I would say it was fair assumtion then that the account was in dispute pre litigation.The iceing on the cake is their termination not allowing you the prescribed period to rectify.

Sit Tight and prepare.

Regards

Andy

[maybelate]

Thanks again Andy. Is it best to just wait though or should I go defensive and report them to FOS, who will be able to see how quickly they have terminated?As they would get the information BEFORE the date on the DN:)

[AndyOrch]

By all means whatever you think will help in the matter as i stated prepare.

 

Andy

[kel123]

Hi hope you don'y mind me butting in but I would get someone to calculate your apr again using dual calc.

 

62 weeks is not perculier i.e. 60 weeks + 2 weeks holiday! and it can also depend on when you started paying one month or 2 months after youve received the money. Halifax and BOS played around with words.

 

Check what it says in the signature box, check that there is no 2 week holiday included - both of these can alter the APR drastically.

 

Sorry I am not proficiant enough to do this for you

 

Kel

[maybelate]

Hi, No you're not butting in, any advice is useful. I will check the rates again, but I'm not sure how significant it is now that they've terminated the agreement.

[AndyOrch]

Hi, No you're not butting in, any advice is useful. I will check the rates again, but I'm not sure how significant it is now that they've terminated the agreement.

 

 

Closing the stable doors after the horse as bolted springs to mind;)

 

Regards

 

Andy

[kel123]

If it goes to court, then you may want to use the APR to invalidate the CCAgreement.

 

I have this somewhere, I will try and search it out. It goes something like this

 

Apr is not a prescribed term but if it is stated it must be correct

 

again off the top of my head it must not be out side the following tolerrances -0.1 +1 of a percent

 

Hopefully a more learned person will confirm this

 

Kel

[AndyOrch]

That is quite true what you state Kel.I would consider myself quite learned in these matters and a such, inline with Maybelate opinion, the argument would be far better served on the invalid early termination point from a litigation angle however your valid point is of interest but im not sure a DJ would concern himself on such a minor point to rule in favour of the claimant on that point alone.

 

I trust the above clarifies my reasons.

 

Regards

 

andy

[r&b]

.I would consider myself quite learned in these matters

 

seconded andy.

[kel123]

Why hit with one when you can hit with two. A card in your back pocket is not worth a jot, if it's not used. I do agree about the premature termination but I would expect them to have that covered, but by increasing the balance of probabilities there is a better chance of success

[AndyOrch]

Why hit with one when you can hit with two. A card in your back pocket is not worth a jot, if it's not used. I do agree about the premature termination but I would expect them to have that covered:confused:, but by increasing the balance of probabilities there is a better chance of success

 

If you could enlighten me further Kel I am always willing to learn from more learned posters;)

 

Andy

[kel123]

I do not class my self as learned, I only put an opion over based on my own experience and of reading threads across a few sites. The object in this situation is to instill dought as to if it is a viable propersition to take this to court. I too have an Halifax loan, the APR is incorrect, it is in their mis-use of words, particularly in the signature box! A couple of DCA's have tried but nothing for about 3 months and we are 18 months down the line, They may in the future decside to take me but who knows.

[AndyOrch]

Kel Im not disregarding what you state as a valid point,I do take exception to be referred over by "Hopefully a more learned person will confirm this"

 

As you state I do agree about the premature termination but I would expect them to have that covered then im sure they will also have an invalid APR/Interest rate covered also.However the OP is aware of your advise and as reflected that this is not particulary significant.I am in agreement.

 

I think in this instance and at the point of veering off thread in Maybelate thread we let this matter drop.

 

Andy

[kel123]

Sorry I did not mean any reference to anyone in particular only that I am not proficient enough to work it out given the variables. I will remember to put in 'than myself' in the future.

 

I would have thought the termination letter was computer driven and as such programed to time scales Again I am not refeerenceing to anyone but I would re-afirm dates etc.

[AndyOrch]

Not a problem Kel

 

I wish you well with your case/s

 

 

Regards

 

Andy