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Default when account in dispute


Notty
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I have issued the N1 claim form against Halifax. Today they have issued me with a DN. On the POC it doesnt mention removal of any default so I am wondering what is the best way to remove this default. I had sent Halifax the account in dispute but they wrote back saying they could still add charges (I do have an o/d with them) under the t&c. So not sure what to do next? Any help would be appreciated.

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Thank you for your reply. Yes it was for bank charges. I had a refund for bank charges in 2006 but they never defaulted me. I wondered if it was now different, as they say in their pre-default letter, I will post up the default.

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Its for a bank account but I did the SAR and received all of the documents yesterday? I just wondered if anyone could advise me if they can issue me with a default when the account is in dispute and i have issued the N1? Is there a letter I can send or should I make it part of my claim that they remove and defaults? Although this was not mentioned in my poc? Any help would be appreciated/

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you need to get replies from creditors in writing if a complaint is escalated to the ico

 

i would write to halifax and explain that an n1 has been issued ref charges etc and request the removel of the default as its in error

be nice to begin with

 

if they play hard ball say you will escalate this to the ico and ammend your poc to include damages ref the default.

 

the thing is depts dont talk to each other any more

its all an automated process

 

it may only take a simple letter to rectify this

 

BUT YOU MUST GIVE THEM THE OPERTUNITY TO RECTIFY THE COMPLAINT FIRST

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When they first sent me a letter regarding the DN I sent them the Account in Dispute letter they replied to this by saying "to summarise you consider Halifaax is attempting to collect an alleged debt which is in dipsute and has not yet been resolved. They go on to "explain" about the ongoing court case and because all of the charge complaints are on hold and until the court case has been resolved all charges are correct and the account does need to be maitained within the t&c. They therefore do not consider the a/c to be in dispute and I must pay the amount requested to avoid them taking further action which they did anyway a week later by issuing a DN. So I think if I write and ask if it is an error they will send a similar letter as they do not consider this an error.

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