Halifax loan Default Notice

[mikexlr8]

Hope someone can help.

 

I owe around 3500 on an unsecured personal load to Halifax Reschedule. The monthly repayments are 109.77. I lost my job in January and have been claiming Job Seekers since as I look for work. Despite this, I kept up with the payments, until last month as I could no longer afford to do so.

 

Over the past 4 weeks I have sent them two A&I forms via recorded delivery offering to make token payments of £20 per month, until I am back in work. They didn't respond to either letter.

 

Last week I received a £15 charge letter for non payment as I had to cancel the direct debit as it wouldn't clear. I called them up straight away and explained the situation over the phone. The guy I spoke to agreed to accept £20 for the month but he said it was a one-off special arrangement and I would have to call them back next month to discuss if I am still out of work.

 

Today I received a default notice demanding outstanding payment of 89.77 and if I didn't pay they would start legal proceedings against me. Isn't this sneaky as they agreed to accept £20?

 

Any ideas? I can't pay what I don't have right?

[cerberusalert]

Can you scan the default notice, remove personal details & post it up? Then send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[babybear39]

You need to make a formal written complaint. Request their complaints procedure in writing and take it from there.

 

Report them to TS and the OFT as well.

 

Please keep any agreements in writing and DO NOT speak to them on the phone unless you have a way to record the calls otherwise they can say what they like if they recind on an araangement.

[mikexlr8]

That's a great start. Thank you for your help. Will crack on with all this and will post the letter I received up later.

[mikexlr8]

I don't have a scanner but here is the text of the default notice I received.

 

----------------------

 

Dear ?

 

Served under Section 87 (1) of the CCA 1974.

 

This default notice now served upson you relates to a Credit Account numbered ? and date 02/06/2005 entered by you with Halifax of the address above.

 

The payments clause of the agreement provide that you must pay each instalment as herein referred to in full on its due date and costs, plus expenses as therein referred to. You are in breach of that clause as arrears of instalments, costs, and expenses amounting to £87.77 are you due and outstanding.

To remedy this breach, you must pay the total arrears of £89.77 before the 25/07/2009.

 

IF YOU DO NOT TAKEN ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

Further action:

 

1. On or after the date specified above, we will serve notice in writng demanding payment of the outstanding balence.

 

2. If payment is not received, we will issue a COURT PROCEEDINGS against you for the outstanding balance of £3468.42

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE CONTACT YOUR NEAREST CITIZENS ADVICE BUREAU.

 

This notice should include (it didn't) a copy of the the current OFT infomation sheet on default. If it is not included, you should contact us to get one.

 

Your Faithfully

 

a senior manager of collections

[natalie]

What is the date of the letter?

[cerberusalert]

When was the letter dated and was it 1st or 2nd class post?

[mikexlr8]

Dated 15/07/2009 sent, actually not sure, says S postage paid, on envelope.

[natalie]

Doesnt matter either way, they havent given you 14 clear days to remedy it.

 

From my (very recent) understanding, you sit tight and wait for them to terminate the contract because the default is invalid. And then all they will be able to chase you for is the £89.77. I may be wrong because all this is new to me too, but that is what I was advised.

[mikexlr8]

Do they have to give 14 days under the CCA?

[cerberusalert]

A default notice must give you 14 days from receipt for you to rectify the default. All you have to do is wait for them to terminate the a/c & all they will be able to claim are the arrears stated on the DN, the remaining balance will have to be written off, it's called 'Unlawful cessation of contract'. Keep that notice safe & do not let them know about it or they could re-issue another compliant one.

 

See; post #3 http://www.consumeractiongroup.co.uk/forum/legal-issues/199543-quick-default-notice-question.html

 

and; http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html read the links in post #1 too.

[mikexlr8]

Ok I have already mailed a letter asking for the credit agreement. Will they still terminate the account, which now I guess I want them to?

[cerberusalert]

If you stop paying yes.

[mikexlr8]

Just a quick question on this. Someone told me today that even if they sent me an incorrect default notice and took me to court, a judge would just throw it out, and then they could serve me a correct one and still chase the debt?

[cerberusalert]

One a DN has been sent and the a/c terminated they cannot reissue a new DN.

[cerberusalert]

Have a read through; http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1837307

[mikexlr8]

Thanks and if/when they terminate the agreement are there any template letter you can recommend? Thanks.

[diddydicky]

Thanks and if/when they terminate the agreement are there any template letter you can recommend? Thanks.

 

they wont actually send you a termination letter they will send you a final demand for the full amount

 

however as they said in the dn that they would claim the full amount and terminate the agreement you can take the final demand as a termination as this amounts to a repudiation of the agreement on their part (ie they are taking away from you the major benefit to you of the agreement- the ability to repay the loan over a period of time)

[mikexlr8]

Thanks - will update as they respond.

[mikexlr8]

Ok received a letter today saying "Thank you for your correspondence. We are keen to discuss these points that you raised with you.... please ring us on receipt of this letter, blah blah.... yours sincerly, a senior collections manager."

[diddydicky]

to which I would reply

 

Thank you for your letter of xxx

 

I am pleased that you are keen to discuss the points raised, however for good orders sake and in order to have an accurate and undisputable record of what is said please communicate in writing and n ot by telephone whereupon i undertake to respond to all communications in a timely manner

 

Y F

[mak71]

Halifax do send out actual termination letters, ive had 2 off them for 2 different accounts, the icing on the cake after invalid dated dn"s i got both termination notices about a week after their date to rectify the dn had expired,sit tight and if you get a termination notice stick it somewhere safe with the invalid dn,

oh happy days;)

 

Mak

[mikexlr8]

Thanks guys.

[diddydicky]

Halifax do send out actual termination letters, ive had 2 off them for 2 different accounts, the icing on the cake after invalid dated dn"s i got both termination notices about a week after their date to rectify the dn had expired,sit tight and if you get a termination notice stick it somewhere safe with the invalid dn,

oh happy days;)

 

Mak

 

i would advise you to reply and accept their unlawful termination - but first read the thread

 

tale of a dodgy DN- further discussion

[mak71]

i would advise you to reply and accept their unlawful termination - but first read the thread

 

tale of a dodgy DN- further discussion

 

Diddydicky, can u provide a link please ,

Is it essential to actually aknowledge and accept a termination letter?

is it just not simply a fact its terminated if you receive a termination letter?

What is the reason/advantage for actually replying to a termination letter?