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SB100 v Halifax Credit Card

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My proposed reply;

 

 

Thank you for your letter dated xx August 2012.

 

Halifax unlawfully terminated the above alleged agreement (if indeed such agreement was ever properly executed/legally enforceable) and my obligation to them under the alleged agreement subsequent to their unlawful actions would have been solely for the amount of genuine arrears, not including unlawful charges, as at the time of the unlawful termination.

 

I requested this figure on 15th December 2009 but have not received a reply to date.

 

In this instance I believe that any such arrears are outweighed by a counter claim I would have for unlawful rescission.

 

This therefore means that it is my position that Halifax are indebted to me, and, as such, this account should never have been sold to you.

 

 

Any thoughts before I send it?

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Please also send a new CCA request to 1st credit.


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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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Hiya, from memory the CCA was compliant, it was their termination seven days before remedy on DN that causes them problems, so is it necessary?

Thanks :)

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Ah righto.. then probably not :)


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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I don't want to give them hope:wink:

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Any further comments before I send it? CitizenB, could you ping diddydicky for me?

Thanks :)

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ANOTHER thread revival!

 

Have been having 'fun' with First Credit for the last twelve months or so, ever escalating threats, then they simply vanished and Connaught now chasing it!

 

Will they never give in?

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Me too :) No Connaught tho..still with 1st credit..We playing letter ping pong still ..SB early next year

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Thread revival alert!

 

I've received a letter from Connaught, today, in response to my letters of August last year. How about that for a timely reply!

 

They once again completely ignore the fact that the account was terminated well before the date on the DN and sent me the Halifax 'final reply' for about the 20th time... which also ignores the unlawful recision.

 

They also attempt to refute my advice to them about doorstep visits...

 

My inclination is to send my last letter, again, with a covering 'issue or shut up' note, and once again re-iterate the no-doorstep advice.

 

Any thoughts?

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I've just checked my credit file and the date the default, showing in the name of Link Financial, is dated in May 2010- some six months after the DN was issued.

 

Can I take issue with the CRA's regarding this- I'd much rather the 6 years was over this November than the end of May next year!

 

Thanks :)

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A default on your credit file and a Default notice are two separate things and should not to be confused as the same SB100.

 

As a general rule, a default is registered on your file when the account is around 3 months in arrears, however this can differ between lenders and the type of debt but for a credit card, it must be registered within 9 months of you going into arrears and you should get a 'notice of default' advising that this will be registered. Some are known to mark the defaults a lot later so that it stays on your file longer.

 

I had one registered over 12 months later by Barclays so won't come off my file for another year later than it should have been removed. I will at some point take them to task via the ICO as this information is incorrect but I prefer to leave it until it becomes statute barred later this year.

 

A Default Notice is a legal requirement under the Consumer Credit Act 1974 and there are strict rules as to what has to be included in the notice. It has no relevance to when a default is registered on your file.

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