Halifax default notice

[baldwelder]

Hi, i have just received a default notice from halifax dated 24th aug.

I sent them a cca request on 21 july and account in dispute letter on 3rd aug BOTH letters ignored and BOTH containing my new address yet they insist on writing to my old address, i didn`t send them recorded but i know the received both as cca postal order was cashed and the default letter i hand delivered.

I`m going to send another letter by recorded delivery with my new address in as i wont be able to collect anymore mail from the old one, see if that changes anything?

So they`ve ignored the cca and the account in dispute letter,

What should be my course of action now?

[mjc007.5]

Hi Baldwelder,

 

Welcome to CAG. Is this a credit card? First thing is worth posting the DN up here (minus personal details) - good chance it will be faulty in some form! (mine was! )

 

Others more experienced will be along but I would think re-send account in dispute letter (recorded), along with complaints to letter to them (and copied to FSA/OFT). After this depends on how far and in what direction you want to go (militant v moderate) - you can withold payment pending their resolution of your complaint/a valid CCA for starters! If they terminate on the back of a faulty DN you can accept their repudiation of contract and offer any arrears as full and final (I am awaiting a response on this ...... very nervously! )

 

Best of luck and keep posting

[baldwelder]

Thanks for the reply, debt is overdraft about 4k originally but ramping up to nearer 5 with charges at about £28 a letter. The scan didn`t seem to say much so i didn`t think it worth posting but then what do i know

[cerberusalert]

When was the date the default notice sent, the date you had to remedy by & have you kept the envelope, if so what was the postage?

[mjc007.5]

Hiya,

 

Not a problem, always a personal choice about how much (or little) to scan up here but very often is the best way of having folk provide best advice and have been helped with a number this route myself already!

 

Need more info around date sent, date you have to remedy by (and ideally if you have the envelope) so that folk can try help further (this was the basis on which my DN was adjudged faulty). I do not think CCA request will be relevant for overdraft on current account (but may stand corrected) but you may well still have basis for further action dependent on the answer to these questions.

 

Will watch out for reply and hope more expert views will be along soon.

[mjc007.5]

And talking of experts Cerberusalert beat me to it - one of the many experts here who has become required reading on my journey back from the "dark side"

[vint1954]

I dont think that there are Credit Agreements for overdrafts?

[mjc007.5]

More expertise to assist you baldwelder - trust you are well Vint (Baldwelder Vint has held my hand with Halifax CC to what is looking like a positive result )

 

Did not perhaps express myself so well but was intimating exactly what Vint says - whilst Halicrap shoud at least have the courtesy to respond confirming their position the CCA request could have been ignored as in fact it would not have been relevant to the current account/overdraft (my understanding being, hopefully not flawed, that this would not be covered as an "agreement" under the consumer credit act). It might also (unfortunately) follow that dependent on the reason for the account being put in dispute this would also be ignored as they would not accept such a dispute exists.

 

As Vint and others have quicky showed me, Halicrap and others are good at invalid default notices so might still have a strong position depending on baldwelders answers to the date queries.

[Uptotheneck]

How long is it since this account was running? They may well have used your postal order as a payment on the account. I think all you can do at the moment is send Halifax a Subject Access Request along with a £10 postal order, recorded delivery.

 

 

Regards

 

David