Messed up DN?! Pls Check for me!

[pinklover]

Hi all,

 

Following the threaten door visits by Halifax, I've since received a default notice for my credit card (they managed to produce a signed credit argeement which looks enforcable to me) and as I was worried how they might eventually take me to court etc, they seem to have messed up with the dates of the default notice and termination of my account.

 

I've attached with this post the default notice they issue, dated 4 March and given me until 25 March to pay the arrears. But on 19 March I actually received the letter telling me that because I failed to pay the arrears on the date the default notice stated, the are not terminated my account. That letter was dated 17 March!! So, that means they didnt stick to their original date of 25 March.

 

I would have thought that this will be considered as a dodgy default notice or that they terminated my account without following the rules of giving me enough notice?!

 

Can someone pls advice me about this? I'd appreciate if there is a sample letter to send them now that they've muck this up?!

 

Many thanks!!

Edited April 13, 2010 by pinklover
incorrect attachment format

[Laura Cooke]

You are right in what you say they have terminated the coount beforen the DN run out all they are entitled to now I believe is the arrears on the account, hope someone comes along to advise you of your next step but they couldn`t do anything now they have terminated

[pinklover]

Thanks Laura! That's what I thought as well with regardings to oweing the arrears now, I really don't mind paying for that of course! I'll continue to search for a letter to write back and tell them what they've done wrong and what I'm propose to do (ie. pay the arrears)..but at the meantime, if anyone know of another similar thread to point me towards, that will be most helpful!!

[angel_1]

hiya

 

will try and link you a thread all about default notices, see below

 

a long one but with lots to learn from

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

 

will check in later see how you are getting on

 

i would certainly check out more first before you reply to them,

 

i too had a dn from bos who i would have had to have receieved the dn on the day they wrote the letter for the 14 days to be effective and they have terminated me and now ive not paid them over a year and it sits on my credit file and im awaiting to see their next action, yeah im happy to pay the arrears too

 

keep positive laters angel x

[pinklover]

Thanks Angel 1 for the link , I managed to search that myself as well and made another post there to see if I get any help from there.

 

I know from the dates of the letters that they've made a mistake but the difference with many of the previous cases is that the default notice that they issued was actually valid to begin with as it was dated 4 March and allowing me until 25 March to pay the arrears before termination of account. So, they left plenty of days for me to pay up..however, they made the mistake to send the termination letter way too early, dated 17 March to say I've failed to pay the arrears on the date they stated on the default notice!! Unless they're psychic?! :rolleyes:So, in short they terminate the account too early and did not stick to the date they requested on the DN.

 

So, I'm still searching for a suitable response to them as most letters I come across are failing to give enough days to remedy the notice, where in my case it's slightly different based on the correct DN they've issued to begin with.

[middenmess]

Hi Pinklover

 

Sending out the termination letter before the date given to rectify the breech by is something that Halifax seem to mess up on quite often.

Have a quick look at...

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/229958-halifax-charge-21-85-a.html

[pinklover]

Hi Middenmess, thanks for the link! Just read it all with interest! Can't believe they can made such a mistake!! Well, I'm sure I'll get the same response when I write to them to tell them what they did and with them telling me they never terminated that account yet etc..well, I got the letter (probably same one like yours) to say that they're passing it to a DCA and that they have terminated this agreement, black and white!

 

Did they enter the default on your credit files? If so, did you managed to remove it because of the mistake that they made with the DN etc?? I don't think they've notify mine yet to the CRA, but I guess if it is invalid DN, I might stand a chance to get it remove..to be honest, not that I'm really bothered as it'll be trashed anyway!

 

Well, will be reading your updates and see what rubbish they'll come up with next!

[middenmess]

Hi Pink

 

Over several months they've half heartedly made a few phone calls and sent several demands from Albion their in house agents and a couple from Blair whatsit.

 

I'm awaiting a letter confirming that another nob is looking at the situation but wouldn't be surprised if nothing turns up.

[Undercover-Elsa]

Hi

Take a look here too: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

There isn't a set template as such. Simply write to them and state something on the lines of:

Further to you recent correspondence regarding the above account, I note that you have terminated the agreement on xxxx without following the procedure required by law, which constitutes unlawful rescission of contract. I elect to accept your termination and confirm that the agreement between us no longer endures.

 

Elsa x

[London000]

Hi there Pinky,

 

I just have to mention that your DN on the right hand side on both pages( the little writing) must be deleted asap....

 

Just a thought,

DD

[pinklover]

So, after replying to Halifax about their messed up on their dates and terminated my account earlier than they stated on my default notice. They've chose not to respond and instead I've received my 1st letter from Albion (who I believe works for Halifax?!) demanding payment.

 

I'm not sure what my next step will be? Will it help if I respond to them stating the messed up DN and therefore I'm only owing them the arrears at the time instead of the full amount?

 

Any help will be most helpful!!

Thanks!

[pinklover]

Ok, received a reply from Halifax responding to the letter I sent earlier to accept the termination of my account and at the same time to point out the messed up with dates on my default notice.

 

They decided that they did nothing wrong explaining that the Default Notice was dated 4 March (received by me 8 March), the DN stated that I have until 25 March to pay the arrears. However, I received the termination letter dated 17 March (received by me 19 March).

 

Their argument is that according to their dates 4 March-17 March = 14 days which is enough days. ( I thought they also have to allow posting times?!) However, they have disregarded the fact that they stated I have until 25 March to pay but instead terminated on 17 March!! I could have the intention to pay say 20 March and found that they've issued a termination already?!

 

I really don't know what to write back..it's not rocket science but it is like writing to a kindergarden child sometimes.

 

Any advice will be most grateful!!

[SJP37]

Their argument is that according to their dates 4 March-17 March = 14 days which is enough days. ( I thought they also have to allow posting times?!) However, they have disregarded the fact that they stated I have until 25 March to pay but instead terminated on 17 March!! I could have the intention to pay say 20 March and found that they've issued a termination already?!

 

Hi Pinklover, I thought it had to be 14 WORKING days, which with 2 days posting takes you to the 25th!! I'd query that.