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Incorrect default notice? - halifax CC

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(fingers crossed)

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

 

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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.

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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

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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) :(

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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

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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.

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

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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

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Ok so the contract was unlawfully rescinded at the point of sale because of the defective DN, regardless of what other paperwork they can come up with.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

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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

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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.

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

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