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Halifax - dodgy default - agreement now terninated, help!


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minor point but after a lot of reading up i would use the words unlawful repudiation rather than unlawful rescission

 

in a nutshell it would appear that rescission occurs when something is withdrawn before it comes into effect whereas repudiation refers to something that already exists

 

hope that helps

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Thanks Elsa - Another question is can JJ keep adding charges? Their letter stated a £50 admin fee for them taking over the terminated account. It's also my understanding that every time I answer the phone to them they add on £10...

Hi,

 

They have no account to add the charges on. They have terminated the account, closed it.

 

Their agents have confirmed in writing that they have terminated the account and requested ballance in full. Both of these actions are termination.

 

They will only be allowed to collect on the amount in the DN, if they go to court. That is assuming that the DN sum does not contain charges etc.

 

I simply wrote to them advising that their termination following a defective DN was accepted. I have popped it into the middle of a couple of long letters.

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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

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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

 

thanks pinky, back to the f***ing drawing board!!

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Hello Guys

I,m having the same problems with Halifax i was defaulted and given until the 19th September to settle my old bank account however i received a letter on the 03rd September stating the debt was being passed on to Albion DCA

I have not been given the indicated time to try and settle the debt and reading the previous posts this default appears to be now invalid/illegal ,I am going to send a letter pointing this fact out and will wait with baited breath!!! anyway here's a copy ,let me know what you think before i send it!

 

Pete

 

 

 

 

 

Roll Number ********

Account Number ********

Sort Code *******

 

 

 

 

 

Dear Sir

 

 

I refer to your “Default Notice” dated 21st August 2009 and received on 24th August 2009

 

I accept that the agreement is now at an end.

 

However, upon seeking advice, it is my view that you have unlawfully terminated the agreement by issuing an invalid Default notice.

 

Due to your repudiation of the agreement it is my understanding that I was given until the 19th September 2009 to settle any debt on this account ,However I have now received a letter dated 03rd September stating the account will be managed by your debt collection agency ,this is unacceptable as I have not been given the indicated time to repay this debt or take the action required

 

Against this amount, is my counterclaim for damages for unlawful repudiation of the agreement which I anticipate will exceed this amount.

 

In the circumstances I therefore suggest that you confirm to myself and Credit Reference Agencies that this account is now satisfied in full and that you will waive the arrears outstanding - whereupon I will not pursue any claim against you.

 

Yours Faithfully,

 

Edited by twometer
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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!

  • Haha 1

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hi twometer :)

Be careful here..timing is important.

They need to have actually terminated the agreement or at least demanded the full balance before they can be said to have unlawfully rescinded the contract.

Wait for Diddydicky and Pinky69's comments before you send it.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Snap and Well spotted DonkeyB! :)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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This is a very interesting thread for me also :)

 

I also received a defective default notice, which only allowed me 7 days to rectify the situation.

 

I then received a letter of termination from halifax, stating that they had terminated my agreement (The date was also on, or before the default remedy date) so in effect they had made 2 glaring errors :roll:

 

I think it is now time to make them aware of some of the points in 42mans post :D and that they have acted unlawfully

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Hi all

thanks for the info i'm pleased i posted here first before jumping the gun

i have,t had any contact by letter from Albion as yet ,just the Default letter followed by the notice of termination as i stated earlier i was notified i had until the 19th of September to clear the debt then received the termination letter on the 04th September!!

any ideas how to proceed

Pete

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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..and don't forget to edit your previous post and remove your name! ;)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Wait for the termination letter - it will come, and don't pay them a penny in the meantime other than a token gesture of £1PCM plus interest and charges suspended, which they won't accept.

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Don't pay them ANYTHING at all after termination otherwise it implies acceptance that the agreement still exists :)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Heres, a copy of both please advise

 

Our Reference:

Letter Reference:

21 st August 2009

Roll Number:

Account Number:

Sort Code:

HALIFAX

Retail Bank Collections PO Box 607

Trinity Road

Halifax

HX12UJ

Telephone: 08708501298

Fax: 0113 235 7204

Office Hours:

8.30am to 7.30pm Monday-Friday

8.30 am to 12.30 pm Saturday

Page 1 of 3

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

-Defaullt Notice served under secfion-87(1) of the Consumer Credit Act 1974

The terms and conditions of the above account state:-

At any time we may require you to pay us the whole or part of any overdraft, interest and fees or charges which you owe on your account.

You are in breach of that condition because we have asked you to repay the whole or part of your overdraft and you have failed to do so.

To remedy the breach you must pay into your bank account the sum of £******* before 19th September 2009.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

Halifax is a division of Bank of Scotland plc. Regbtered in Scotland No. SC327000.

Registered Office: The Mound, Edinburgh EH1 1 YZ. Authorised and regulated by the Financial Services Authority.

Telephone calls to and from this office may be recorded for training purposes.

 

 

Our Reference:

Letter Reference:

HALIFAX

Retail Bank Collections PO Box 607

Trinity Road

Halifax

HX12UJ

 

3rd September 2009

 

A Default Notice has recently been issued to you as you are in breach of the terms and conditions of your agreement.

You have failed to repay the requested amount by the date shown in the notice. As a result we have terminated your credit agreement.

Your account will now be managed by the Debt Recovery Department. No further notices will be given and you are therefore requested to telephone us immediately to discuss

repayment:-· .~. --- - -- - - - - - -

If you choose to ignore this message, as stated in the Default Notice, we will be left with no alternative other than to take further action to recover the outstanding debt. This could be either through the Court or Collection Agents who will contact you for repayment. You will be liable for all fees and costs incurred by any action taken.

Payment can be made by:- Credit 1 Debit card

Payment at your Bank

Cheques or Postal Orders direct to this office Standing Order 1 Direct Debit Mandate,

Yours faithfully,

p CAM 1...\ ~ CVJ f

Paul Spencer

Senior Collections Manager

Please note you can obtain free independent money advice from organisations such as "Citizens Advice Bureau ", "The Federation of Information and Advice Centres ", and your local "Trading Standards Office". Free national phone helpline services are also available

from agencies such as " National Debtline" and the "Consumer Credit Counselling Service".

Halifax is a division of Bank of Scotland plc. Registered in Scotland No. SC327000.

Registered Office: The Mound. Edinburgh EH1 1 YZ. Authorised and regulated by the Financial Services Authority.

Telephone calls to and from this office may be recorded for training purposes.

 

 

Edited by cerberusalert
removed reference details
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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?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Original thread is here but wanted to start a new one for this purpose: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/210295-halifax-default-notice.html#post2302601

 

So story is this:

 

Halifax sent me a default notice dated July 15 for arrears of around 80.00 on a debt of 4K. I received the letter on July 18 and they demanded payment by July 25.

 

I made several attempts to arrange reduced payments but haven't actually paid them a penny since they issued the default. Of course they ignored most of my letters.

 

Today I recevied a letter from J&J Collections on behalf of Halifax.

 

Letter states Halifax has now terminated the agreement and J&J are seeking full payment of the outstanding balance.

 

What now?

 

Do I write acknowledging they canceled the agreement? Who is the expert here when it comes to dodgy defaults?

 

My understanding is that they can only now chase me for the 80.00?

 

Any help appreciated with this - template letters etc.

Earlier post confirming Halifax have terminated, but they will wriggle

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