hbos default notice

[gtgiggs]

hi guys, hbos sent me a default notice on the two accounts i have with them. i refuse to pay the mental charges they are adding at present. they sent a default notice on the 12th of july asking me to settle the arrears before the 8th of aug. giving me 28 days, i recieved two letters today terminating my agreement for both accounts and it being passed to dca.

they have not allowed me the specified timescale as the notice describes. does this invalidate the default notices and only allow them to the arrears and not the overdraft? any help of what i say to them would be a great help

 

thanks

[gtgiggs]

hi, any help would ber great, i need to write a letter asap. so is the default notice illegal as they have terminated the agreement before the remedy date?

[Bazooka Boo]

Can you scan and post up both the DN and TN, remove all ID mind..

[gtgiggs]

 

any help would be great

[middenmess]

1st link comes back as 'not found'

 

2nd link is ok but has your name left on the letter!!

 

Best to remove name and repost!

[LarissaJ]

on the 2nd link you have also left their reference number on it

[gtgiggs]

http://i604.photobucket.com/albums/tt125/gtgiggs77/default/scan0048.jpg

 

http://i604.photobucket.com/albums/tt125/gtgiggs77/default/scan0047-1.jpg

[LarissaJ]

gtgiggs, you need to remove the ones from post 4, they are still there!

[gtgiggs]

any advice would be great. there is only 13 days between the dates on the default notice and the termination letter, but the default notice gives me till 9th aug, what can i do??

[middenmess]

I received something similar from Halifax for my CC with the letter of termination received halfway through the period to rectify the breach.

 

I accepted the end of the contract,they denied sending the termination letter.

 

Ping pong letters and phone calls.

 

Their currant position is.....

 

''We might have sent that letter but we didn't default the account for another 3 months so that letter means nothing''

 

Yeah,right.

[LarissaJ]

I would send them the letter accepting their termination asap.

 

A DN is a legal document and not some scare letter, that the banks can send out on a whim.

 

They need to give you 14 clear days to pay the arrears, if it was dated 12th July then even if they posted it 1st class you wouldn't have got it till 14th (16th if 2nd class) and the 14 clear days would take it to 28th July (30th if 2nd class) have you kept the envelope? In any event, terminating the agreement on the 25th simply didn't give you the required time of 14 clear days.

 

I would get the acceptance letter off, before they can make any attempts to send out anything else to try and rectify their mistake.

[gtgiggs]

i have the enveloves. no date stamp on them though, ill get the letter posted tonight. so what would the next move from the bank be? i take it i can get that default removed since they made a mess of it lol?

[gtgiggs]

hi guys, just to update. sent letter to hbos accepting thier early termination. i got two letters to today from albion asking for the whole balance on both accounts, (over 2k). i see they added charges on at the end of the month even though they had terminated the account by then, annd got two statements as well. do i reply to albion or sit tight and see what the banks next move is regarding the early termination etc??

i assume the bank is only entitled to the arrears since they made an ass of the default notice and termination?

[Bazooka Boo]

Yes once an account has been terminated they can't add anymore charges, as for Albion, that is their own In-house collection arm, so it is still with the bank.

 

You can quite happily ignore their letters, I'd just write back and ask them would they like you to pay the arrears over a period of time to suit you or do they want it all in one lump sum?

[gtgiggs]

thanks for the reply. so am i correct in saying they have just made a fool of themselves and not eligible for the overdrafts? only the arrears. ihave been reading as much as i can about default notices and early terminations etc but i am still a bit unclear as to where the bank stands regarding getting the money back since they terminated early etc. sorry for being a bit thick lol

[gtgiggs]

hi again. i have sent letters accepting the early termination to hbos. been getting the weekly albion demand letters through. i have also offered what i think i can afford every month but they are ignoring that.

today i recieved a letter telling me that if i do not call them within 24 hours of recieving the letter they will start legal proccedings against me and send collectors round to my house to collect the debt. I find this quite good since they 1- never gave me enough time to remedy the breach and 2- they terminated the accounts before the 14 days were up. i have all the copies of the letters.

They are that silly they even sent me a letter the other week telling me that from xx/xx2010 your over draft will remain at £xxxx. the accounts are closed by themselves. are they just being really thick on purpose?

 

I have already told them that if they take me to court i will file a counter claim for unlawfull rescission. have i said the correct thing?

[gtgiggs]

plus they are asking for the full amounts in the demands, not just the arrears they are entitled to since they ended my contract unlawfully

[Bazooka Boo]

So you have acknowledge their unlawful rescision, in writing? And have kept a copy of it?

Don't believe they will chance this in court......wait for better solid advice, my heads not working properly at the moment so wouldn't want to advise, not sure if you should pay them the repudiated amount (Arrears) or ignore....:bump:

[gtgiggs]

yes i have sent the letter accepting the termination and copies of the default and termination letters from hbos to avoid any doubt

[middenmess]

IMO Best advice is to just ignore all the phone calls that you will now receive and to file all letters unless you get a specific LBA.

[Bazooka Boo]

Shameful:bump2:

[gtgiggs]

thanks for peoples opinions on this. anymore peeps got a view on what i should be doing?

 

many thanks guys.

[gtgiggs]

hi all. quick update.

albion have now sent me quite a nice letter asking me to contact them to talk over my income and expenditure in more detail. i have not provided them with a i&e form so i dont know what details they want to discuss. they also reccomend i review the direct debits and standing orders on the accounts and keep a close eye on them to not get charges ( both accounts are terminated by hbos ) and do downgrade i im paying an account fee for the reward account (they also closed that months ago but on reading the latest statement yesterday i see they are still taking a monthly fee from a closed account.) they are a mighty strange lot.

 

i have already made a offer of what i can afford and they want to talk now.

i have told them the defaults they sent out are crap. do i just tell them thats all i can give them for the arrears every month and thats final? within a week they have threatened door collector, possible legal action then changed their tune and sent a nice letter lol. classic

[Bazooka Boo]

In a nut shell, your the one in control, you hold the purse strings not them, peoples circumstances change, so you tell them what it is you will be paying, if they refuse, pay it anyway, BUT it must be by standing order, do not entertain ANY direct debit OR cheques, if they don't like it then that is their lookout, they will find it nigh on impossible to get a DJ to agree with them that you can pay more when you can't.

 

Don't entertain the fools over the phone, all you will get is a phone drone, who works on commission and even agreeing to pay him £5 there and then, will only go in his pocket, apart from that, they ALL tell lies, and have no idea of the world we live in, they are only driven by their greed...

[gtgiggs]

hi guys, quick update.

any offers of repayment of £25 a month to albion was refused. so i gave up with contacting them, they would not give me the details i needed to det up a standing order.

had no contact for 4 months now. until a letter from moorcroft arrived asking me to contact them regarding the hbos accounts. considering the unlawfull termination of both accounts im a bit confused on what to do next. do i contact moorcroft or just sit tight? could anyone give me advice on a letter to send?