Halifax and wifes loan - Agree Section 78 Write Off **won**

[angel_1]

hiya gary68

 

came across this thread of yours and was wondering if it similar to my bos account as they didnt send me any actual cca only what is similar to u terms and conditions and it was only from my sars info i actually got an application form but that was never sent as part of my cca request

 

hmme this is another one of mine i need to relook at again,

 

also i got a default which doestnt allow the 14 days and then i get a termination letter so im hoping they have really screwed up and i can use what you have used to address this so i m subbing and will shout out and if you can assist would be grateful

 

cheers have a fun eve angel x

[GARY68]

Hi angel

I wont update this thread any more as its dead and buried,wrote off,cancelled, won

 

I have had many victories over the Halifax and I can advise on the way I have acheived these, love to,

If you have ppi then your in luck as one of my many accounts paid me back £4000 and paid the £2000 back on the card in redress, to name but one,

if you have the default then keep this safe and use at the end,

after you claim back charges, then ppi you can apply to have the default removed and they will do it,

this is what I sent

 

Retail Bank Collections

PO BOX 607

Trinity Road

Halifax

HX1 2UJ

DATE 23RD JULY 2009

ACCOUNT REF: xxxx xxxxx xxxx 8xx

Dear Sir/Madame

Please find enclosed the default letter you sent me which arrived on the 24th April of which I still have the envelope,

It has come to my attention after reviewing my credit status that you have registered this default notice with them, I would like this default removed from all credit reference agencies.

The above account was put into dispute on the 5th February and you were issued via recorded delivery on 23rd February a statuary notice under section 10 of the data protection act to cease processing any data in relation to the account while it was in dispute,

 

The Default notice supplied by the Halifax is dated Friday 17th April, to allow service in line with the statutory requirements, 2 working days were required to allow for 1st Class postage.(not including Saturday& Sunday) Thus the Rectify date should be 14 calendar days from Tuesday 21st April, namely Tuesday 5th May 2009, not the 1 calendar days from the date of the letter as stated in the Default notice which would have been 18th April. This notice arrived on 24th April.

.

The attached Default Notice served s87(1) Consumer Credit Act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

 

For a Creditor to be entitled to terminate a regulated Credit Agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the Agreement, a creditor must serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 which states:

 

Section 87. Need for Default Notice

 

(1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement -

(a) to terminate the Agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

The Act also sets out via Section 88(1), that the Default Notice must be in the prescribed form, as below:

 

Section 88. Contents and effect of Default Notice

 

(1) The Default Notice must be in the prescribed form…

 

The wording must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue.

 

.

This is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87.

I therefore put Halifax to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach. I also note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

 

 

Halifax have failed to issue a valid Default Notice to prevent a right of action and would make any termination of the Agreement unlawful, as statute provides the procedure that must be followed. Since the Halifax failed to adhere to statutory procedure it is averred that the Halifax does not have a right of action, and can never now have a right of action having terminated the Agreement unlawfully.

I note that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in the regulations the Default Notice is rendered invalid as a consequence.

 

 

Furthermore, the Arrears Total outlined cannot be accurate, as the Balance on the Account was at least partly comprised of Unlawful Charges plus additional Charges and Interest added unlawfully whilst the Account was in Dispute. Therefore, the Arrears claimed cannot be accurate, as they are themselves calculated using a Total that was itself inaccurate.

 

 

Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Halifax was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future.

What I require

This account was in dispute and you have sent me an invalid default notice and registered this against my file, this has caused me considerable damage and I now require you to inform all the credit reference agencies to remove such data.

If I do not hear back from you in the next 14 days then I will begin court action for the data removal in respect of the section10 notice served and will seek the charges back from the account which are £360. Plus compensation for defamation.

I trust this clarifies my position

Yours sincerely

 

LIKE THE PART WHERE I CLAIM COMPENSATION FROM THEM

[GARY68]

Angel

this may help

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/196392-gary68-halifax-platinum-card.html

[angel_1]

hiya Gary

huge thanks this is certainly going to make me feel more comfortable as ive to the stage of being so fed up that i really need to understand it and go the best route now for me

 

I dont have the ppi but realistically have had past charges that have bumped up the amount so much which was before i joined cag, but i have a bos and a seperate halifax account, suspiciously the bos account i have a termination letter after the default, the halifax i never got the termination letter maybe they guessed what they did with bos LMBO however, the sars info i received i must recheck when i asked for the info it may have been before the termination if so, would it be wise to send off another sars ?? so that i get the right upto date info they have on the accounts including the current account which im already complaining to them about the new 1.00 a day charge which is causing me more to pay monthly to them and therefore will take longer for me to get rid off, so sick of them right now

 

i will take time out to read the thread you have kindly given me and i hope to understand it all at the end,

 

im so very pleased this has worked out for you both

 

have a fun rest of your week cheers angel x:cool:

Edited March 4, 2010 by angel_1