Halifax - dodgy default - agreement now terninated, help!

[DonkeyB]

They have only given you ten days to rectify the default. They must give you 14 days + 3 days for service etc. They have fallen at the first hurdle! Have Halifax sent you a letter to terminate the agreement? J&J Collections are in no position to do that themselves. This termination, because the DN was faulty, will be an unlawful rescission of contract, which means they can't collect anything.

 

More advice from those with better knowledge than me will clarify this, I'm sure, but I think you need to keep your tinder dry, get a CCA request in to J&J, and wait for a response.

[DonkeyB]

Sorry Pinky, same advice but threads crossed!

[DonkeyB]

Pinky, does mikexlr8 need some evidence of the termination? As yet he has nothing in writing, I think, from Halifax and I'm sure JJ can't do this on their behalf. They might change their minds and find it was an 'admin error'.

[DonkeyB]

Are you sure JJ saying Halifax terminated is enough?

 

Have just googled J&J and it looks like they may be in-house for Halifax, along with Castle and Albion - may be fair enough to say, then, that the account is terminated if that is the case! They'd be hard pushed to claim that as an admin error when it's their own people saying so.

[DonkeyB]

Brilliant stuff 42 man. In the meantime, the only way a DCA or anyone can add charges like this to an account is if there's a clause allowing it in the original signed contract... what contract? CCA would sort that out, but, as 42man and others of us have said, they've burnt their bridges.

[DonkeyB]

Careful... Albion is an in-house DCA I think. Did Albion say the agreement was terminated? If not, then this letter is inappropriate. Can you tell us exactly what Albion's letter said?

 

... and you might want to remove your name from the bottom of your letter!

[DonkeyB]

If you've had the dodgy default and the termination notice, then you can follow the route taken by mikexlr8 - it's DCA early Christmas! However, you might want to post the specifics of each letter you've had (or scan them) so we can be absolutely sure.

[DonkeyB]

Oh bliss, don't you love letters like that? Keep hold of those letters - they're gold dust.

 

I note that the date of their DN is 21 August. They have clearly issued the TN 14 days after this, possibly thinking 14 days is all you have to wait (except you need to allow another 3 clear days for service). It could be that whoever issued the DN put the wrong date on for the breach to be remedied, but that's just tough!

 

Someone has f***ed up big time at Halifax...

 

Wonder how many of these they have sent out? Two already on ths thread, any more to come? Mods, should this become a sticky so that anyone who has received these can spot it quickly?

[DonkeyB]

CAB in most cases concerning debt management are ****-poor IMO.

 

CAG is THE place to be and the advice here is a lot more sound, again, IMO.

 

The key to the above argument is that you DO NOT make ANY payment to them after a recission of contract otherwise they can argue you acknowledged the alleged debt.

 

Clear enough? ;-)

 

Dare I...

 

... argue that the payment is a gift, and the account remains rescinded? Can't undo that, surely?

 

In the same way that making a payment on a statute-barred debt does not reactivate it. Once it's dead, it's dead. Norwegian parrot. Michael Palin. Need a bit of legal here...

[DonkeyB]

Was that sound the thud of your jaw hitting the floor, and your pants filling with liquid fear?

 

If they're coming round, ask them to bring the paperwork which shows a legally enforceable debt - it will save them the postage!