@askhalifaxbank Default Notice bit of help please halifax Loan

[CatAndMouse]

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.

[renegadeimp]

Surely any extra charges would be penalty fees.

 

Which bank is this

[CatAndMouse]

Hi renegadeimp

 

Halifax, not sure what arrears are made up off, just copied what said in letter

[dx100uk]

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

 

suggest you sar them

 

what is it? credit card? loan?

 

dx

[CatAndMouse]

Hi dx100uk

 

Loan

[dx100uk]

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

 

have you got all the statements?

 

dx

[CatAndMouse]

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 July 8, 2013 by CatAndMouse

[CatAndMouse]

Just received a letter today from Moorcroft, telling me they are now responsible for collection, and payments must be made to them, what can you read into that

[dx100uk]

nothing

 

they don't own it

you don't pay them