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Halifax issued a default notice when a/c in dispute


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I have issued the N1 claim form against Halifax. Today they have issued me with a DN. On the POC it doesnt mention removal of any default so I am wondering what is the best way to remove this default. I had sent Halifax the account in dispute but they wrote back saying they could still add charges (I do have an o/d with them) under the t&c. So not sure what to do next? Any help would be appreciated.

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Thanks for the reply. What I am wondering is can they issue a DN when the account is in dispute? I have issued the N1 claim for charges and interest and whereas part of the £105 they want now if for the monthly o/d charges they have also added two further charges. Would I just pay what they are asking and add the two charges to my claim if that is easier?

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  • 2 weeks later...

Not sure what to do next. I have received a DN from Halifax even though the account is in dispute. They have today sent me a termination notice again even though they said in the DN that I had until the 28th August to remedy the default? What would be the next move any help would be really appreicated. I must admit when I have claimed charges off them in 2006 I did not pay any o/d charges until the claim was sorted but this time they are demanding £105 is that correct? Can they also issue a default and terminate the account when it is in dispute. I have written and told them (the letter in dispute) but they have ignored it.

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can you scan the default notice and post it up here

 

ida x

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So they have issued a termination notice BEFORE the remedy date of the Default notice has expired ?.

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Yes it says on the DN 28th August to remedy it but they have already issued a TN and the account is in dispute anyway for bank charges. Dont know what I should do next. Shoudl I pay them the DN amount which is partly for the o/d charges.Although when I issued a claim against them in 2006 I never paid anything into my account to cover o/d charges so cannot understand what has changed.

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  • 3 weeks later...

Halifax have sent me a DN and TN and the DN didnt give enough time to remedy. I am at the AQ stage for charges of £900 and their default is requesting £108 which again is recent charges as I can no longer use the terminated account. I have received a letter from a dca today. Should I send them a letter any suggestions which one? Or should I just wait for it all to come to court but I am a bit sick of the dca contacting me by phone and letter. Any suggestions folks?

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You should write to the DCA advising the account is in dispute and at present in litigation. If you have a claim number, put that in the header of the letter along with the account references:D

 

You could send the following letter re the telephone calls.. should make them back off.

 

http://www.consumerforums.com/resources/templates-library/52-harassment/133-formal-notice-of-telephone-recording

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have sent my AQ and draft order for directions. I am not sure what I need to send to the court and halifax. I am okay with a) b) but not c) It says a 'statement of evidence' on the directions. Can anyone please help me with that.

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There is an example in the bank templates library (http://www.consumerforums.com/resources/templates-library/48-bank-templates/137-lloyds-witness-statement-) - the details are not relevant to your case but it gives an adiea about the layout and level of content

 

 

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