SB100 v Halifax Credit Card

[SB100]

Just before I send it.. I think they did give sufficient time to remedy if you take their remedy date of the 10/12. I received it on the 24/11.

[griffin036]

You might want to edit the content of post#9

[SB100]

Thanks for the heads up- I didn't notice that!

[griffin036]

;-)

Edited December 15, 2009 by griffin036

[diddydicky]

apologies- letter altered as i thought you told me something else!!

[SB100]

No probs- I re-read it quite a few times and it did actually make sense- that I had little chance to do anything before their imposed deadline of the 3rd, which was, of course, deficient in terms of time to remedy.

 

I doubt they'll need clarification anyway

 

Thanks again, I'm very grateful.

[Fluffystuff]

Hi SB & DD,

 

About to send your letter but was just wondering if there is need to make reference to them being able to claim arrears only if they can produce valid agreement or is that now irrelevant?

 

 

(SB -also watcing your thread re:HFC, as have just received invalid DN from them. )

[diddydicky]

keep the reference in asking for the actual arrears amount as you need to be seen to be making an effort to settle the arrearst

 

by asking them for the exact amount (which they will not provide) then it is difficult for them to complain to a court that you have made no attempt to settle the arrears due (even though you will offset against a claim for unfair rescission)

[SB100]

I've just received another 'notice of default sums' - just as if there was still an account... They're starting to make MBNA look proficient

[supasnooper]

They're starting to make MBNA look proficient

 

:lol:

 

Thought I'd never see the day when I'd read that quote.

[vint1954]

I've just received another 'notice of default sums' - just as if there was still an account... They're starting to make MBNA look proficient

I take it you have sent DD's letter.

[SB100]

Yep

[diddydicky]

just file it and ignore it

[SB100]

What happens if they reply and say they haven't terminated? I assume thats why we sent the acceptance letter?

[London000]

Hi there SB,

 

Sorry to walk by.

Just to remind you that your letters received and posted in post 9 must be reposted minus the details on the right hand side (little writing). as I believe contain pers. data....

I have only seen it as I have done the same mistakes in the past.

 

Good luck and Happy Xmas,

DD:cool:

[SB100]

Done... thanks

[diddydicky]

What happens if they reply and say they haven't terminated? I assume thats why we sent the acceptance letter?

 

they can hardly say they havn't terminated however that is not the reason you sent the acceptance letter

 

an unlwafull termination falls outside of the cca and into general contract law.

 

if one party informs the other of an intention not to perform their part of the contract the other (injured or "performing ") party then has two choices

 

he can ignore the unilateral action and insist that the other side remains contractually obligated to him OR

 

he can take the view that the contractual relationship has clearly broken down and that the other side does not intend to perform its obligations and ACCEPT the unlawful rescission which, strictly speaking does not actually terminate the contract , but allows the performing party to releive himself of any further obligations under the contract (same thing)

 

The intention not to perform has to be of sufficient importance as to remove one or more major benefits of the contract to the other party

 

in the case of a credit agreement the main (if not only) benefit of the contract to the debtor is the ability to borrow money and re pay it monthly at a rate of his own choosing (subject to a minimum) so clearly, if a creditor unlawfully tells the debtor that he is no longer prepared to let him continue with the agreement or if he demands repayment immediately of sums that would not otherwise yet be due then clearly he is removing a major benefit of the agreement from the debtor

 

 

The court COULD take the view that if the debtor takes NO action after he has been notified of the unlawful rescission- that he intends that the contract endures

 

by doing some positive act (although i believe not strictly legally necessary)

he removes the chances that some numpty judge might take the former view of the debtors inaction

 

hope that makes sense.

[SB100]

Ok, I understand. Thanks

[SB100]

Ok, potentially a big cock-up here.

 

Looks like I forgot to cancel the monthly standing order to Halifax and the monthly payment went through this morning. The bank either aren't being very helpful, or genuinely can't do anything about it.

 

Does this cause as bigger issue as I think it does (as I've accepted their termination then acted as if it still exists) or could I explain it away as part-payment (£22 less) than the outstanding amount on the DN?

[vint1954]

Dont panic, Make sure that the SO is cancelled if that is the way you want to go, then write a short note to them saying it was paid in error and can they return it.

 

They won't, but it at least shows that you have disputed the payment. Also DD's letter accepting the their unlawful termination is the important thing.

[SB100]

Thanks for that. I've just written to them as suggested.

 

In the meantime, I've received another letter from them saying they're sorry to hear I'm having financial problems... and please continue to make token payments!

[SB100]

OH NO!!!! They've terminated my account........ again

[diddydicky]

OH NO!!!! They've terminated my account........ again

 

oh no they haven't (you havent got an account to terminate) :D:D

[SB100]

Honestly, I'm expecting the bloody pantomime horse on the doorstep next lol

[SB100]

And it's just arrived.... this months statement of the account that they've defaulted and written twice to say has been terminated...

 

The payment that was made by accident in December isn't showing though...