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jd0s1

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  1. It's Halifax. My girlfriend had an agreed overdraft that they suddenly cancelled with no warning. Loking at theri T&C's i found this.... 2. Overdrafts 2.1 Your overdraft is subject to this agreement and offered at our discretion. 2.2 Overdrafts are subject to credit checks and underwriting and are offered at our discretion. 2.3 The facility is up to a maximum of the approved limit on your current account. 2.4 We may vary your limit by giving you 10 days notice or such other notice as is legally required. If you request the variation we may notify you that it is to take effect immediately. 2.5 Overdrafts are repayable on demand which means you must immediately repay all or any part of your overdraft when we demand it. So it seems they can..... But I may be wrong.
  2. Does your bank have to give you notice of their intention to cancel your agreed overdraft facility?
  3. Excellent, Thanks. Would you suggest anything else? Is the defence so far ok?
  4. Please look at my original post http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174743-urgent-claim-form-received.html Am i missing anything important from the defence below, or is it wrong altogether? Any help would be much appriciated. Thanks Here goes....... 1. On 3rd September 2008 I signed an agreement for a loan of £150 from Rapid Cash 2. I received an email on 3rd September 2008 from Rapid Cash stating "Your repayment date will be 25/09/2008. We will send you an e-mail 7 days before this date asking you if you wish to extend your loan for a further 30 days or if you wish to settle in full". 3. On 16th September 2008 I received another email from Rapid Cash stating "Your Advance is due to be repaid on the 25/09/2008 under agreement A003350, the total amount due for repayment is £187.50 however if you wish to extend your Advance for a further 30 days you can pay an extension fee of £37.50. Please advise Rapid Cash if you wish to settle or extend your Advance, please email or contact us on 0870 874 7044 stating your preference". 4. The credit agreement signed by myself on 3rd September 2008 stated a repayment term of 30 days. However, a repayment date of 25th September 2008 made a total of just 22 days. 5. I did NOT wan't an extension and wished to repay the full amount of £187.50 on the agreed repayment date. Therefore, I did not reply to the email. 6. On 25th September 2008, the agreed repayment date, my current account was over £1000 in credit and therefore held sufficient funds to repay the full amount. 7. On 25th September 2008 I received a confirmation email from NetBanx. Netbanx is the payment method used by Rapid Cash. The email stated "Thank you for your transaction. You have been billed £37.50 in UK Sterling on behalf of Rapid Cash via NETBANX. Your NetBanx reference number for the transaction is 0B4D7CD3T6H3A8X6J8". 8. Rapid Cash, therefore, without consent or notice, defered my repayment and took a fee of £37.50 for doing so. There was no reason for Rapid Cash to have not taken the full amount as stated in the credit agreement. 9. On 27th November 2008 I received another email from Netbanx stating "Thank you for your transaction. You have been billed £37.50 in UK Sterling on behalf of Rapid Cash via NETBANX. Your NetBanx reference number for the transaction is 0B4D7CGCKW10QP6A5U". 10.Two payments had now been taken by Netbanx on behalf of Rapid Cash, although it is stated in the claim form that only one payment was taken.
  5. Logged onto Moneyclaim Online thism morning and it says my acknowledgement has been processed. Does that mean it has been accepted?
  6. Sorry, more info. I've just checked my statements and on the day they should have collected the full amount, there was more than enough in my account to cover it, they defered it withought asking. So far, does it look like I have a good defence?
  7. Also, the claim form states that only one installment of £37.50 was collected, but looking through my email, 2 have been collected over two months. I never did ask to defer my payments, they just decided to just take the deferal fee and roll the loan over, thus making more money....
  8. No they never sent a default notice, and the 2 letters it refers to in the claim form where also never received, just emails sent to me.
  9. I acknowledged online yesterday and got the print out confirmation. Do i now have the 28 days to put in a defence?
  10. Will the court be able to tell me by phone if they have accepted my acknowledgment?
  11. October and November make up the arrears of £75. Hence the claim for full amount, but still, I've not asked to defer my payment....
  12. Here's a copy of teh agreement.... http://i547.photobucket.com/albums/hh443/jd0s1_2008/Agreement01.jpg http://i547.photobucket.com/albums/hh443/jd0s1_2008/Agreement02.jpg When I was sent the agreement by email, the email said..... Thank you for your application for a Rapid Cash Advance. We have attached a few documents for you to complete and return to us. Please make sure you read the PreContract Information and fully understand the content before signing the Credit Agreement. Return your signed Credit Agreement, signed and completed Debit Card form via email to info@rapidcash.uk.com or fax to 0870 874 8757. Once we have received these signed and completed documents, we will transfer your money to you straight away. If you require the funds to credit your bank account today then you must choose the CHAPS payment method (a charge of £25 applies to CHAPS payments) and we must receive your documents before 2pm.If you have any questions about your application, please contact us quoting your agreement number. (This can be found in the top right hand corner of the Credit Agreement). Your repayment date will be 25/09/2008. We will send you an e-mail 7 days before this date asking you if you wish to extend your loan for a further 30 days or if you wish to settle in full. As promised I received an email 7 days before my repayment date saying.... Your Advance is due to be repaid on the 25/09/2008 under agreement A003350, the total amount due for repayment is £187.50 however if you wish to extend your Advance for a further 30 days you can pay an extension fee of £37.50. Please advise Rapid Cash if you wish to settle or extend your Advance, please email or contact us on 0870 874 7044 stating your preference. I didn't respond, however they didn't take the full amount, just the extension fee. They should have taken the full amount becasue I didn't respond..... Will this help with my defence? Thanks Jon
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