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Hi

 

requested cca, received back signed application which is posted below with default notice

 

on the application it does mention that I have received the terms and conditions, but they are copied on the reverse! am I just clutching at straws thinking this is a copy and paste job!

http://i863.photobucket.com/albums/ab199/confused44/img018.jpg

http://i863.photobucket.com/albums/ab199/confused44/img019.jpg

http://i863.photobucket.com/albums/ab199/confused44/img026.jpg

 

http://i863.photobucket.com/albums/ab199/confused44/img027.jpg

 

don't what todo next!

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The CCA looks enforceable, however, the default notice they have sent you is defective. They have given you exactly 14 days to remedy neglecting to allow for postal service. Once they terminate the a/c all they will be able to claim are the arrears the balance will have to be written off. ;)

 

All you have to do is sit back and wait for them to send you a termination notice & on no account let them know about the defective default notice yet. :)

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  • 1 month later...

HI

 

never received my termination notice, instead got statement in post today minimum payment due now is £1275.29 and I have had £12 late fee with default notice, £12 overlimit fee and £12.00 returned payment fee charges added to my account and they have put the interest up from 20.95%pa to 25.95%pa:x

Do I carry on waiting for the termination notice or will I be issued with another default:?:

confused:confused:

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  • 3 weeks later...
  • 4 weeks later...

Hi

I have received a default notice on my other halifax account and a termination notice, If you could please have a look at them, I think they a defective but would like this clarified, the account is in dispute as they have failed to provide me with a copy of the agreement been waiting since april09. Sent SAR off on 23rd August 09,but no reply just confirmtion that they had received it.

http://i863.photobucket.com/albums/ab199/confused44/img046.jpg

 

http://i863.photobucket.com/albums/ab199/confused44/img047.jpg

 

Thankyou

confused45

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What fools they are, firstly the default notice is in order because they have in fact given you 21 days to remedy. You had to remedy by the 23rd Sept, however they have terminated the a/c on the 15th Sept... a week early, so they have unlawfully rescinded the agreement and you are only liable for the arrears not the full balance. :D

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Hi Confused :),

You could send P2C something on these lines:

Account Ref xxxx

 

I am bemused as to why you threaten to visit my home when the account in question is in dispute. Please be advised that for obvious legal reasons I will only communicate on this matter in writing.

Furthermore, 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 such an appointment with you.

 

I would remind you that 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 & Short Ltd [1959] 2 QB 384

. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

Remember to print your name never sign it.

(Standard CAG template amended to your circumstances)

Regards,

Elsa x

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Hi

Received This Termination Letter In Post Today, In Relation To Defective Default Notice Dated 25th June2009, Also Had Somebody From Power2contact Come To My Home Today,but Was Out, So Left Calling Card Advising Me I Have 24hrs To Contact This Mobile Number To Avoid Further Action.

What Should I Do Now, Now I've Received The Termination Notice.

 

http://i863.photobucket.com/albums/ab199/confused44/img048.jpg

 

Regards

Confused

Edited by CONFUSED45
ADDING COPYOF TERMINATION LETTER
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