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SB100 v Halifax Credit Card

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Here's an interesting one...

 

I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.

 

I had a couple of 'issues' and missed the last two months payment.

 

I received a DN from the Halifax with a remedy date of 10th December 2009.

 

I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.

 

I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.

 

Any thoughts?

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:D

 

Oh dear.. the plonkers.

 

diddydicky and vint1954 are the two peeps you need to speak to regarding this scenario.


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, I'll go and have a search later. IF they could have a case then I need to remedy the DN tomorrow irrespective of what they say in their letter

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Here's an interesting one...

 

I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.

 

I had a couple of 'issues' and missed the last two months payment.

 

I received a DN from the Halifax with a remedy date of 10th December 2009.

 

I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.

 

I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.

 

Any thoughts?

 

the only thing i can think of is ......... which champagne shall i choose!!

 

if you need a reply letter ill do you one but i am away until next monday=- let me know and ill do it then

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I've checked the CRA's but nothing showing yet.

 

Do you think the letter stating they'd terminated on 3/12, combined with the DN with remedy date of 10/12, is sufficient to defend should they bring proceedings?

 

Thanks for your help - and if / when you have a min to pen me a reply I'd be really grateful :)

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I've checked the CRA's but nothing showing yet.

 

Do you think the letter stating they'd terminated on 3/12, combined with the DN with remedy date of 10/12, is sufficient to defend should they bring proceedings?

 

Thanks for your help - and if / when you have a min to pen me a reply I'd be really grateful :)

 

sleep tight- you're home and dry!!

  • Haha 1

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Lol. When I spoke to them on Monday to confirm the remedy date of DN, they told me they may have issued it, but a default wouldn't be registered. They told me it wasn't 'passed over' until seven months, and I was only two months in arrears.

 

The letter today's also telling me if I don't pay up pdq they'll report me to the CRA's.

 

Funny :)

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Thinking about it, the real irony here is that I think they had an enforceable CCA - and I was quite happily (with the exception of the last two months) making payment!

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Heres the scans of the DN and termination notice. It all looks ok for me and not so ok for them.. but they do have an enforceable CCA in my opinion so I need to be 110% sure before I let it default- although it seems they've already done it.

 

HalifaxDNp1.jpg

 

HalifaxDNp2.jpg

 

Halifaxtermination.jpg

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Here's an interesting one...

 

I CCA'd Halifax a few months ago, and the agreement looked to be all good and proper so I've been paying every month.

 

I had a couple of 'issues' and missed the last two months payment.

 

I received a DN from the Halifax with a remedy date of 10th December 2009.

 

I have received a letter today dated 3rd December stating that as I've not paid by the date on the notice they've terminated my account.

 

I'm surspised to say that the letter of termination dated 3/12 plus a DN with a remedy date of 10/12 would appear to be unlawful recission of contract- and they wouldn't be entitled to collect anything other than the overdue figure on the DN.

 

Any thoughts?

Great news all in all.

 

This is indeed unlawful rescission of the agreement. They are daft. Can you scan and post the DN up minus your personal details. That also may be faulty. Did you keep the envelope? although not that important given the termination.

 

You will need to acknwoledge and accept the unlawful rescission of the agreement, after today.

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the only thing i can think of is ......... which champagne shall i choose!!

 

if you need a reply letter ill do you one but i am away until next monday=- let me know and ill do it then

I need to learn to read the rest of the thread before posting

  • Haha 1

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No probs :) Yep, kept the envelope, just in case.

 

DiddyDicky has offered assistance with the letter :)

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They have well and truely shot themselves in the foot.

 

As DD has said, you will need to acknowledge this, so use the letter that DD has offered.

 

The best action on your part, following sending the acceptance would be to down a bottle of Krug

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No I didn't bother.

 

It was dated 2007 and included all prescribed terms as far as I could ascertain.

 

Do you feel its of relevance now the account has been terminated unlawfully?

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No I didn't bother.

 

It was dated 2007 and included all prescribed terms as far as I could ascertain.

 

Do you feel its of relevance now the account has been terminated unlawfully?

If after April 2007, then not realy relevant.

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Looking at the dates of yours and fluffystuff's letters from Halifax, they have corrected their historic problem with the DN's not allowing enough time to rectify, but not linked it to the issueing of termination notices. 14 days from the 19th November is indeed the 3rd December. Idiots.

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Looking at the dates of yours and fluffystuff's letters from Halifax, they have corrected their historic problem with the DN's not allowing enough time to rectify, but not linked it to the issueing of termination notices. 14 days from the 19th November is indeed the 3rd December. Idiots.

 

 

 

:lol:


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi SB100,

 

We are indeed in exactly the same situation as you - thanks Vint for connecting the threads.

Please could you let us have a look at DD's letter when done.

 

Many thanks.


Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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No probs ;)

 

Hi SB100,

 

We are indeed in exactly the same situation as you - thanks Vint for connecting the threads.

Please could you let us have a look at DD's letter when done.

 

Many thanks.

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Looking at the dates of yours and fluffystuff's letters from Halifax, they have corrected their historic problem with the DN's not allowing enough time to rectify, but not linked it to the issueing of termination notices. 14 days from the 19th November is indeed the 3rd December. Idiots.

 

Agreed- but they got that wrong too- no time for service, which was UK Mail- second class (plus a bit)

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I just received another statement.. asking for a minimum payment by 4th January.

 

Maybe they're using a parallel language where 'terminated' and 'default' have different meanings....:confused:

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dear sirs

 

Re Account XXXXXXXXXXXXXXXXX

 

 

i refer to your Default Notice dated 19 November and received by me on XXXXXXXX and your subsequent letter of 3rd Inst in which you confirm that you had in fact terminated the above agreement

 

Notwithstanding any defect in the default notice, your pre -emptory action on 3rd December confirming that you had in fact terminated the agreement some 7 days prior to the deadline given in your default notice ( 10th December) resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default.

 

Having accepted your unlawful rescission of the agreement i note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and i would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

Yours sincerely

 

 

XXXX

Edited by diddydicky

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LMFAO. Absolutely fabulous, thank you.

 

I will, of course, inform you of their response :D

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