Jump to content


  • Tweets

  • Posts

    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
  • Our picks

TheContendor

Incorrect default notice? - halifax CC

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3655 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

(fingers crossed)

sorry about the font error. It looks like a DCA attempt at a credit agreement :)

 

scan0004-2.gif

 

scan0005-2.gif

Share this post


Link to post
Share on other sites

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears.

 

In my opinion as the Default Notice has not given you fourteen days so in my opinion it renders the notice invalid.

Share this post


Link to post
Share on other sites

what has happened in the last 18 months?

 

- have you paid them anything

-have the written since

-do you have a 76/98 termination notice

-have they taken you to court

Share this post


Link to post
Share on other sites

Hi hungry

I haven't paid anything for a year now. I was in a serious accident and was in hospital for 7 months. They sold it onto Moorcroft with whom I've been playing letter tennis for the past 3 months. I proposed a F&F but Moorcroft informed Halifax had said no. When I SAR'd Halifax, I learned that Halifax did not say no but asked for more details, so more proof of what Moorcroft are like. No termination letters however they have offered a reduced amount to clear what I owe (unfortunately not small enough for me to be able to pay) :(

Share this post


Link to post
Share on other sites

before you stopped paying and after the DN did you pay more than 251 pounds in total before it was sold to moorcroft?

 

- I makes a difference about how you go about seeing them off

Share this post


Link to post
Share on other sites

just checked the SAR. I paid around £125 between October 2008 to Dec as the account was with CCCS and there were 3 payments. Then the £1 for the CCA.

Share this post


Link to post
Share on other sites

Default notice is defective because of the 14 day remedy period.

Share this post


Link to post
Share on other sites
Default notice is defective because of the 14 day remedy period.

Yes but it's only defective if he paid less than the £251 asked for on it before it was sold

Share this post


Link to post
Share on other sites
just checked the SAR. I paid around £125 between October 2008 to Dec as the account was with CCCS and there were 3 payments. Then the £1 for the CCA.

 

Ok so the contract was unlawfully rescinded at the point of sale because of the defective DN, regardless of what other paperwork they can come up with.

 

I would ask moorcroft for a copy of the Notice of Absolute assignment to them compliant with the Law of Property Act 1925 just to complete the paperwork and annoy them.

 

Or just write and point out the unlawful rescission

Share this post


Link to post
Share on other sites

Thanks you three!

I do want to try and clear the debt - i did try and clear it all after the accident but the girl in Halifax told me that I have to pay the full amount owed plus full interest over the full period (ie interest over the next 15 months), even though it I was repaying the capital early. Boy was i annoyed!

I think i'll send them another F&F letter but for a little bit less than the first one. :p

Share this post


Link to post
Share on other sites
Thanks you three!

I do want to try and clear the debt - i did try and clear it all after the accident but the girl in Halifax told me that I have to pay the full amount owed plus full interest over the full period (ie interest over the next 15 months), even though it I was repaying the capital early. Boy was i annoyed!

I think i'll send them another F&F letter but for a little bit less than the first one. :p

 

 

If you have to pay anything it's the amount on the DN minus what you've paid since the DN. Legally that is all Hx could ask for because the DN is wrong but because it has been sold with a defective DN then legally you do not have to pay a bean.

Share this post


Link to post
Share on other sites

Unless it gets sold to HFO... who will try to make you sign your house to them ;-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...