Halifax cc Recon ??

[dx100uk]

and also if whatever is demanded on the dn includes unlawful charges, that also makes the dn invalid

 

dx

[maxedout]

Thanks BB and DX for the information ,even tho no one can tell the outcome of something if i stick to my guns over this do you think they will cave also if they didnt and it went to court even tho some judgements are in the favour of the creditor when there is a defective D/N. Would the judge be more likely to rule in my favour because they ended agreement within the date on D/N thanks maxedout

[Bazooka Boo]

What you need to do, is IF they have terminated the account regarding the faulty DN, either by issuing you with a letter stating that they have done so due to your failure to bring the account back up to date, OR, they have since demanded from you full payment for the entire balance, then this can be deemed as terminating the account, and on the back of what you have said, this will be unlawful repudiation of said agreement, you will need to write to them and say that you accept their unlawful resciscion of the account, and you will only then be liable for the arrears, not the full balance.

[maxedout]

Bazooka Boo .on the credit card statement it gives an amount to be paid by the 16th of november .This is a lower amount than what it says has to be paid on the default notice ,this was also to be paid by the 16th of november il try post up the documents for you to have a look at please.also should i state why its unlawful resciscion thanks maxedout

Edited November 21, 2010 by maxedout

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[maxedout]

Think i got it this time lol.

img061.pdf

[dx100uk]

thats a crappy scan or is it the org doc is rubbish.

 

can i see ppi ticked there too!

 

dx

[maxedout]

The default notice.which says they want 100 hundred pounds more than it says on the staement they sent ,either of them to be payed by the same date the 16th of november.Yes they sent a crap copy.

img251.pdf

[maxedout]

The last letter they sent.

img252.pdf

[Bazooka Boo]

You can now accept their unlawfull resciscion, I am amazed that they are still making the same basic mistakes!

[maxedout]

Does the wording give them a get out of jail card? we have ended your credit agreement not closed your account.Also does the extra 100 quid they want on the D/N compared to the statement make any differance.when i accept their unlawfull resciscion should i point out why its unlawful Thanks maxedout.

Edited November 21, 2010 by maxedout

[Bazooka Boo]

No need to point out why they have failed again, just keep it simple,

Dear Sir/madam,

With regard to your letter dated dd/mm/yyyy in which you state my agreement has been ended by yourselves, I now accept your unlawful resciscion and look forward to your prompt reply.

 

The extra 100 quid on the DN as opposed to the statement is again indicative of their lousy competence, I wouldn't worry too much about it. See what they come back with.

[maxedout]

Thanks B.B I sent them letter last week telling them I wanted a declaration that the agreement was unenforcable .In your opinion do you think it is or is that now irelavent.

[Bazooka Boo]

I would say that it can be put on the back burner, they have unlawfully repudiated the agreement so you are only liable for the arrears..

[maxedout]

Thanks B.B and DX for the help I Will send letter asap giving them the bad news have read that a judge ruled on one case that because the debtor did not suffer any predjudace the defective DN he had was valid.would you think as they terminated mine within the 14 days and not giving me 14 days I did suffer because I was not given chance to rectify.

[Bazooka Boo]

If I remember that case it only went in their favour as they had failed to enforce any action on the account when they said they would, or I could be getting mixed up with something else. But in your defence, you were never given enough time to rectify the account, they have since terminated it and now saying you are liable for the full amount, so IF they had allowed you the full time limit in which to rectify the account you would have dones so, now you cant, so you are a t a disadvantage, it just matters now how quick they are to enforce this in the courts, but you MUST accept their UR.

[maxedout]

Thanks B.B what do you mean by this...it just matters now how quick they are to enforce this in the courts, thanks maxedout

[dx100uk]

do you post mean rankine case

if so you need to be a wee bit careful as you will need to convince the judge that you could have paid the sums anyhow

 

http://www.mypag.co.uk/forum/viewtopic.php?f=309&t=2264

 

dx

[maxedout]

I think that's the one DX. Would 2 statements off family members saying I had asked for their help but they were unable to help and one off a friend plus a savings account entry of there's showing they had the funds and would have paid the default but owing to such a short time scale were unable too. Would this suffice .thanks maxedout.

[maxedout]

After getting a letter following a cca request that said the recon was fully enforcable i wrote and said no way. Have now recived a letter saying saying they are unable to supply a recon and as they cant provide the original T/C they will not try to enforce but will continue with the normal collection and C/R reporting.I thought that the OFT had said if there was no recon then they should not try to imply they had one and threaten to enforce.One other thing i will have to check date tomorrow but i think the 40 days have elapsed for my SAR to be returned.

Edited November 23, 2010 by maxedout

[Bazooka Boo]

Very interesting!

A recon version can be sent to you, to comply with a CCA request, however they still must have an original copy to show the DJ should they decide to enforce it through the courts, in this case it seems your persistence has paid off!!?? In that you called their bluff and they fell for it, and have shown their hand! Top banana, and yes your right, DX pointed out to me the other day about the no CCA and still processing your data malarky. I was of the strong opinion that they do need to have the relevant documents in which to be processing your data and marking your CRF adveresley, but as DX pointed out they simply move the goal posts each time they are caught out.

 

However I would still be sending them a S10 notice under the DPA to stop processing your data, and when they fail to do so, rope in the CRA's also and inform them that they are also liable for allowing a company to mark your CRF and process your data without your permission or correct documents.

[dx100uk]

yea the cra stuff is a sticky one.

sadly both the ICO & the FOS are both down on record as seeing it as acceptable.

 

its not right, but, they must act on what is seen as fair and resonable.

 

if you can be 'tied-in' with whatever a/c , then sadly its 50/50.

 

well done maxy, good result there.

 

time to fire off the dispute letter [if not already done in this long thread?]

and stop payments.

 

next port of call reclaiming anything?

 

dx

[maxedout]

Thanks B.B and DX again for the help and input.I stopped the payments thats why they sent default notice. Iv not sent dispute letter i sent the i accept the unlawf recission. Im waiting for my sar to start the ppi route.Is there need for dispute letter now ?thanks maxedout. Is it a long thread then?

[dx100uk]

its taken a while to get focused for sure

 

no i just didn't have the time to scan back over 2 pages

 

dx

[maxedout]

I sent off for my SAR on the 11/10/2010 and they signed for it on the 12/10/2010 i have not heard any thing at all about it thats about 42 days ago. I belive they should have come back with it 40 daxs max .I have not had any confirmation off them that they recived it only the track and trace from the post office web site.I would be greatful with some help on this one.Thanks maxedout.