Advice Regarding Default Notice-12 days To Receive!!

[middenmess]

Following on from post 72 on this thread..

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

 

I received one phone call on Sun.20th,Sept. from a Mrs.Snot representing Halifax whose sole purpose in life has been working to perfect her ability to talk over you.

 

Credit where credit is due--she was 'king good at it!!

 

But I was in a good mood so put up with it whilst insisting on making my point which was that they had credited £1k to my account in repaying late charges and interest which as that was my money it was therefore a payment.

 

Mrs.Snot was adamant that that didn't constitute a payment.

 

'What is it then?',I politely queried to which her only reply was that it wasn't a payment.

 

''OK then, but as it was a refund of unlawful charges and interest that reduced the total sum owed, then that would make the calculation of the payments that you are chasing incorrect--can you please recalculate and send me the correct figures?''

 

Mrs.Snot declined to consider this so I just reminded her that the account was in dispute because Halifax had sent only a reconstructed version of my CCA and that all communication had to be in writing --and then put the phone down.

 

Such a simple and easy thing to do,but what pleasure it gives one!

 

Heard nothing until today,7th October when I received a Default notice.

 

It is dated as September 25th and has taken 12 days to reach me having been sent second class by UK Mail. {Assuming of course that Halifax date their letters correctly and post off on same day,but they would,wouldn't they as they are pillars of the community:rolleyes:]

 

Date to remedy by paying just over £100 is before the 16th October or they MAY take the further action set out below but the 'Below' bit says ..

 

'We WILL terminate our agreement with you and close your credit card account xxxxxxxxxxxxxxxxxx'

We MAY take legal proceedings--and/or instruct a DCA'

 

Not too bothered about this as they are just breaking more and more guide lines/rules but would appreciate opinions about ...

 

1] sending out Default Notices by sloooooooooow second class mail via UK Mail and the effect that the then lessened period for remedy would have on many people.

 

2] why isn't a refund into an account considered to be a payment? It's my money,refunded to me but directed back into my account--if it's not a payment towards the account WTF is it?

 

Guess it's letter writing day tomorrow.Subjects to cover to include..

 

Where's my 'true copy' of my agreement.

 

Please send me a cheque for the repayment of the unlawful charges and interest as I don't want it credited to my account.

 

Here's my request for repayment plus CI for 20 years of PPI payments.

 

What don't you understand about 'Account in dispute?'

~

Another refill of my printer ink,methinks!

[Guest Old_andrew2018]

Bump

[middenmess]

UPDATE

 

Salient bit from post #1 above..

 

Heard nothing until today,7th October when I received a Default notice.

 

It is dated as September 25th and has taken 12 days to reach me having been sent second class by UK Mail. {Assuming of course that Halifax date their letters correctly and post off on same day,but they would,wouldn't they as they are pillars of the community:rolleyes:]

 

Date to remedy by paying just over £100 is before the 16th October or they MAY take the further action set out below but the 'Below' bit says ..

 

'We WILL terminate our agreement with you and close your credit card account xxxxxxxxxxxxxxxxxx'

We MAY take legal proceedings--and/or instruct a DCA'

 

Today,October 15th,I have received another letter posted UK Mail 2nd class and dated as October 9th...

 

We have recently issued a Notice of Default as you are in breach of your contract.--Yes you did,dated as September 25th & received on Oct.7th giving me until 15th October to remedy.

You have failed to repay the requested amount by the date shown on the notice.---Doh! That was today by midnight you said! As a result we have terminated your credit agreement.Etc,etc.....

 

So what do I do now?--Nothing would seem to be the answer,just let them continue to pass it on to a DRA as they have threatened to do and let them continue to hang themselves but I welcombe advice and/or suggestions.

 

In comparison,Barclaycard have now phoned around 40 times over the past 2 weeks,mainly automatic/robotic--[answer phone,say and do nothing, count to 6 and then their auto system disconnects the call] interdispersed with a dozen ''human'' phone calls to which I request the operative's full name [always given so far!] and a copy of their complaints procedure before saying thank you and hanging up.

[slick132]

Hi MM,

 

Did you keep the envelope in which the DN was sent.

 

I think you have every right to say that the a/c charges refund should count as a payment - if others know differently, I hope they'll say why.

 

We know that these bank peeps hear only what they want.

 

I tend to agree with you - do nothing for now and see what they do next. Have they provided you with a valid credit agreement for this a/c?

 

[middenmess]

Hi Slick-thanks for your comments.

 

Envelope kept -UK Mail 'S', same as was used for original default notice.

 

One sided Application received from SAR seen at post #1 at..

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

 

and request for CAA received same signed application form and

accompanying letter which says...'a copy of your reconstituted version of your current terms and conditions...'

[slick132]

There was certainly doubt about whether the doc't supplied on the linked thread constituted a valid credit agreement.

 

Did you look into the issue of PPI (there was a suggestion that you were S/E'd which made you ineligible).

[middenmess]

I made successful claims on the PPI [with Halifax and a couple of other cards] when I was unable to work but Noomill has suggested that there might still be a claim for mis-selling to be made which I will probably make just to keep them on their toes.

 

As far as I understand, having the PPI on a credit agreement makes it a multiple agreement with the requirement of having separate prescribed terms which I haven't got and also effects the calculations for the charge for obtained credit which is another debatable point.

 

I was surprised as to how quickly-just two missed payments-they terminated the account--Can I claim a record for this?