Halifax - dodgy default - agreement now terninated, help!

[diddydicky]

you could try this:-

 

 

dear sirs

 

thank you for your letter of XXXXX in which you terminate the agreement.

Your termination is an unlawful repudiation of the agreement which I accept.

 

I understand that the arrears genuinely due at the time of termination (not including unlawful charges) is due to you and i am otherwise released by the unlawful termination of any and all of the terms and conditions of the agreement.

 

Please advise me of the exact amount of arrears as at the time of termination , but kindly note that against this amount due will be my claim for damages for unlawful repudiation which may well exceed the amount of arrears due

 

Yours sincerely .

[mikexlr8]

deleted

Edited September 10, 2009 by mikexlr8
deleted

[diddydicky]

deleted

 

wise

[joemay]

Sorry Diddy, but shouldn't the letter state unlawful rescission, not unlawful repudiation as posted by pinky69:

 

No. In law, if they issue a faulty DN and terminate the account it is unlawful rescission - it is quoted in umpteen court cases.

 

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

[twometer]

I,m still a little confused as to what is my next step please advise!!

[Pinky69]

Diddydicky gave you a letter to write. Instead of "repudiation", insert "rescission."

[twometer]

Cheers fellas i'll give it a bash and keep you posted

[diddydicky]

Sorry Diddy, but shouldn't the letter state unlawful rescission, not unlawful repudiation as posted by pinky69:

 

having double checked it seems either/or is sufficient

 

having checked with a legal bod i know there is confusion sometimes even within the industry however I am advised that as a LIP or layman, the law would tolerate mi-use of the wording as within the overall context of it's use it is clear what is being said

 

so there you have it

 

heads or tails

[mikexlr8]

Ok to update I sent JJ the letter about BOS terminating the agreement with an invalid default and also wrote to BOS asking them to confirm JJ were acting on their behalf.

 

No response yet from JJ Collections.

 

BOS wrote back today confirming JJ were working on their behalf and now handling the account.

 

They also stated that I had agreed to make £1 token payments from the end of this month.

 

I had made a verbal agreement over the phone to this, however, two days later they terminated the account.

 

Now, in my mind I have attempted to come to terms but they terminated the account before I could make a token payment, and they terminated with an invalid default notice.

 

So now I shouldn't pay them anything and advise BOS thay because they rescinded on our verbal agreement (which they have now admitted in writing) to make token payments by terminating the account - well, they can now go and swing for their £1?

 

Does this make sense?

 

;-)

[diddydicky]

i would not make any reference to the verbal agreement

 

just point out that you accept their unlawful repudiation of the agreement and you now consider yourself releived of any terms and conditions that the agreement may have contained

 

ask then to confirm the genuine amount of arrears that were owing at the time of termination (not including unlawful charges) against which you will counterclaim for damages as a result of their unlawful repuidation.

 

+++

 

they will not respond with the arrears or accept your statement but at least you have offered to settle the arrears and they cant come back at you on this score

[mikexlr8]

Already sent a letter to JJ accepting termination and noting arreas amount and counter claim for damages against this amount.

 

Cheers!

[vint1954]

Ok to update I sent JJ the letter about BOS terminating the agreement with an invalid default and also wrote to BOS asking them to confirm JJ were acting on their behalf.

 

No response yet from JJ Collections.

 

BOS wrote back today confirming JJ were working on their behalf and now handling the account.

 

They also stated that I had agreed to make £1 token payments from the end of this month.

 

I had made a verbal agreement over the phone to this, however, two days later they terminated the account.

 

Now, in my mind I have attempted to come to terms but they terminated the account before I could make a token payment, and they terminated with an invalid default notice.

 

So now I shouldn't pay them anything and advise BOS thay because they rescinded on our verbal agreement (which they have now admitted in writing) to make token payments by terminating the account - well, they can now go and swing for their £1?

 

Does this make sense?

 

;-)

What account would you make payment against. They do not seem to understand what they are doing by terminating an acount. It is terminated, ended, closed, it is no more, it has climbed down the curtains and gone to meet it's maker, it's ******* dead.

[diddydicky]

you don't mean....no you can't mean.....yes you do mean......... it is an EX agreement

[vint1954]

you don't mean....no you can't mean.....yes you do mean......... it is an EX agreement

Thats the kiddy DD

[mikexlr8]

Thing is, don't want them to think I reneged on an arrangement when they reneged on it by terminating the account two days after making the arrangement with me.

[vint1954]

They took the option away from you by terminating your account.

 

You can still pay if you wish, but who?

[lee32uk]

Thing is, don't want them to think I reneged on an arrangement when they reneged on it by terminating the account two days after making the arrangement with me.

 

If they terminated the agreement after you had made an agreement with them, then that is down to their own stupidity

[Braveheart12]

Subbing

[darknight]

I have an issue with Halifax, in that I have not received a default notice, but they have closed my account, and issued a court claim. They can not provide a copy of the DN that they sent to me.

 

This is my thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215608-defective-default-notice.html

 

Please can someone have a look and advise.

 

Thanks,

DK

[mikexlr8]

UPDATE:

 

Letter today from Halifax:

 

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

 

Dear me,

 

Under the CCA we are required to provide you with this Notice of Default Sums charged to you on the agreement shown above.

 

(it's a letter charge - £50)

 

T%his notice does not take account of the default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

 

We may have notified you by letter of the above transaction before sending this notice. We are not making any further charges for sending this letter.

 

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sums are not paid in full by that date interest will be charged at a rate of 0%. Since the interest rate is a variable rate, the rate which we will apply to the default sum once the 28 days have passed may be different.

 

Your sincerly,

 

A Muppet

 

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

 

HUH? They closed the account and they are still adding charges? And they may add on 0% interest?

 

Please can someone advise.

 

This is following their unlawful rescission of contract.

[vint1954]

The problem with Halifax is that they issue a DN thaen terminate and forget to tell the rest of their Business.

 

Notices of default sums are different to a Default Notice issued under s87 of the act. Have they issed a DN. When you say they have closed the account, how was this communicated to you.

[mikexlr8]

They issued an invalid DN then closed the account a few week's later.

 

Confirmed in writing from both JJ Collections on their behalf and by Halifax HQ.

[lickthewallfatboy]

if they register a default against you with the joke CRA's,then compensation would be in order....

 

I believe £1000 per default is the going rate?

[mikexlr8]

I am just confused about this new letter... what are they trying to say in simple terms?

[lickthewallfatboy]

they are acting as if he account exists,when it deosn't

 

it's basically gibberish,but that won't stop them trying to register a default

 

you must not let them get away with it if they do....