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Default Notice bit of help please halifax Loan


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Hi

Lost job a while ago, (ill health) and fell behind on loan, bank has sent me a default notice yesterday and part of the notice reads, "You are in breach of that clause as arrears of monthly instalments, costs, expenses and interest amounting to £xxxxx are now due and outstanding.

 

Can they add expenses interest and costs to arrears total.

 

Also they say

 

Outstanding Balance under agreement £xxx

Less rebate allowable on future instalments* xxx

Total Amount to be paid xxx

 

*We have not taken into account any payment received in the last 10 days.

 

Total Amount to be paid does not equal the oustanding balance - rebate

 

I have been trying to understand http://www.consumeractiongroup.co.uk/forum/showthread.php?297476-Woodchester-v-Swain as I'm not sure whether my case is relevent.

 

So my two points are:

 

1) Can they add charges to default arrears, no breakdown on what makes up arrears

2)As Total amount payable is not equal to oustanding balance - rebate, does -Woodchester-v-Swain apply.

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Surely any extra charges would be penalty fees.

 

Which bank is this

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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penalty fees cannot be included in any 'valid' default notice

 

suggest you sar them

 

what is it? credit card? loan?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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when did you take the loan out and how much etc?

 

have you got all the statements?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk

 

Was 2009 for £5000, over 5years, will sar, as copy of agreement I have has not been signed by me.

 

Just been searching about and found this page, which seems to state that an OFT letter must be send with a default notice and also that the sums in the notice must be correct, mine are incorrect

 

http://www.watsonssolicitors.co.uk/santander.html

 

also as in this case, I had agreed a payment plan with the Halifax and was never informed about been defaulted, at an earlier stage when then sent me a threatening letter I phoned up and they apologized and paid me £50

Edited by CatAndMouse
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nothing

 

they don't own it

you don't pay them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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