Default Letter and responses help required.

[zul366]

I have sent the letter to Halifax bank regarding £88 default on my account. The response i received is followed by the letter i sent to Halifax. I also tried to sent them letter to remove it on goodwill gesture but they advise that it is like defrauding my Credit File.

 

 

Dear Sir or Madam

 

Account number not available as it was cleared in 2008, but account should be registered to my above mentioned address.

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against me which is showing as settled. This has caused me real problems and I recently lost my Job at a financial institute because of this.

 

Further to this neither I have not got a recollection of ever receiving such a notice, I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £2 postal order in payment of the statutory fee, PO Serial Number 53696372.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

The reply i receive is given below.

 

Thanks for your letter about your reply.

 

Section 78 only applies during the lifetime of the agreement. As the above numbered has been closed, therefore is no longer a regulated agreement between overselves.

 

In view of the above, we are unable to provide you with documentation as requested.

 

Should you require further information contact us.

 

 

(I contacted them and they advised that they did not issued any default notice as it was written in Credit Card statement that if you do not pay they will put a default on account, when i requested further information they sent me 6 months of Credit Card statements. Can some one please advise me that what can be done in response to that.)

[zul366]

Come on guyz....urgent help required here...

[gil_jnr]

Hi Zul,

 

I read your post and a couple of questions regarding your situation came to mind as am in a similar situation with HSBC

 

Does your Experian credit file indicate a date of when the default status was entered?

 

Also, you mention that you only recently lost your job as a direct resul of this, did you secure the job after the account was cleared in 2008?

 

I'd suggest that the next course of action would be to make a full Subject Access Request to obtain as much information as possible on anything that went on 'behind the scenes' between the bank and credit agencies...you should be able to obtain copies of internal notes/logs/emails made regarding your account by any of Halifax's departments and staff that handled your file, and also of notifications to any third-parties that your account file was given access to.

 

I have sent the letter to Halifax bank regarding £88 default on my account. The response i received is followed by the letter i sent to Halifax. I also tried to sent them letter to remove it on goodwill gesture but they advise that it is like defrauding my Credit File.

 

Dear Sir or Madam

Account number not available as it was cleared in 2008, but account should be registered to my above mentioned address.

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against me which is showing as settled. This has caused me real problems and I recently lost my Job at a financial institute because of this