Halifax Credit Card - repudiatory breach of contract

[mjc007.5]

Hello all,

 

Thanks for the advice in relation to the above credit card (thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/207475-halifax-credit-card-default.html)

 

You will see from the thread, no CCA provided (although is less than two years old so believe likely will be enforceable), issued dodgy DN, termination notice and now first contact from DCA.

 

I would like to try my luck with pursuing the repudiatory breach of contract - is there a template or suggestion as to suitable form of words? Would I fire this at both Halifax and their DCA?

 

If this is to keen then do tell me! In this event any alternate suggestions please do let me know and gratefully received

 

Many thanks folks

[noomill060]

Id also be interested in what Repudiation of contract actually is, in relation to cards being effectively cancelled by card company after a succesfull claim against the provider.

 

I am aware that FOS awarded small amounts (£100 or so) in compo to peeps who had their cards cancelled out of spite early on in the charges reclaim saga, but would like to know the court approach to this.

 

(maybe better if I start a thread for this- sorry to hijack)

Edited July 28, 2009 by noomill060

[OnMyWayOut]

Does it also occur when the card company requests that you cut up or return your cards?

[mjc007.5]

Hi,

 

Not hijacking at all noomill - it is an interesting question in the wider context as well as specific to individual cases

 

OnMyWayOut - we will need one of the legal experts on the site to answer that question, I do not really know the answer. I would suspect there may be circumstances where it would apply following a request to cut up and return the card but these would probably be quite specific.

 

I spent some serious time on here last night (starting to become habitual! ) looking for more specific info. IGNM posted an excellent suggestion for this on my initial halifax credit card thread which got me thinking and I found some excellent info from surfaceagent 20 which has given me a starting point for thinking this might be relevant to my own case here (terminated on back of dodgy DN).

 

Hopefully some of the more expert/experienced will be along to show us the way soon...

[mjc007.5]

Hello folks,

 

Just reviving the above with a little request for further direction please? I have read at great length the threads in relation to "tale of a dodgy dn" (posts by sx20, DD, AC and Pedro are particular stand outs ) and cannot get my head around if I should be accepting the actions of Halifax or waiting for them to litigate?

 

Brief recap - CCA is in order, but dodgy DN followed by TN (although they are still sending standard "threat" letters and have involved albion collections working "for them"). Debt is Credit Card related, no charges reclaimed to date.

 

Initial impression on overall posts here was to go with accepting their "repudiatory breach of contract" and thus be liable for only arrears at the time of their breach (possibly offering to pay the same?) but I fear may not be reading this correctly?? If I am, can anybody point me to appropriate case law to back this up please??

 

Many thanks

[mjc007.5]

little bump? Anyone?