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Halifax Hell

Default Notice vs Enforcement Notice - what's the difference?

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What's the difference between, and legal consequences of a Default Notice (Served under S87(1) of the CCA 1974) and an Enforcement Notice (Served under S76(1) of the CCA 1974) that the banks send out?

 

I'm asking because I've just got an Enforcement Notice from LTSB in regard to my overdraft with them and I'm not sure how to proceed.

 

Amongst other things, the Enforcement Notice states:

Cheque Account Balance: £1,200.00

Unplanned Overdrawn Balance: £700.00

(Not actual amounts - just used for illustration here)

 

On face value the Cheque Account Balance there is stating a positive/credit balance. That's not actually the case, but it is how it appears just from what is stated on the Enforcement Notice.

 

I'm tempted to reply along the lines of "Your Enforcement Notice states a credit balance of £1200.00 on my account. Why are LTSB making a repayment demand when, according to your Enforcement Notice, there is nothing owing?"

 

Or would it be better not to point out their mistake now, and leave that for some later time, like when they take me to court.

 

BTW, the account to which the Enforcement Notice relates is subject to a Charges Reclaim complaint on hardship/financial difficulties grounds, where the entire (negative) balance of the account exceeds the amount I am claiming back as unfair charges (excluding interest). Have only sent a letter requesting repayment so far (Sept 2008) - no court claim has been started. LTSB have not so far dealt with my hardship/financial difficulties claim either so far.

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