@askhalifaxbank HALIFAX SAR- Overdraft - No Default or termination Notice

[Screwedup81]

Requested a SAR from Halifax and they have sent me the information but there is no Default Notice or Termination Notice.

 

I have 2 credit reports, which I downloaded online on different occassions which show different Default dates.

 

I have also disputed the information before and Halifax seemed to have gone to mess up with the file following these disputes.

 

At one time they told me there was no Default recorded and later wrote again to me apologising for providing me with misleading information.

 

Currently the debt is with a DCA but the records from the SAR shows the debt has been handled with several DCAs.

 

Should I make a part offer/full and final offer and ask them to remove the Default Notice?

 

Total overdraft debt is in the regoin around £2300 which is made up of interest and bank charges.

 

Any advise would be greatly appreciated.

Edited October 28, 2012 by Screwedup81

[dx100uk]

is this your credit card with all the previous threads?

 

dx

[Screwedup81]

Its an overdraft not a credit card

[dx100uk]

i see you have been on this since 2009

 

still with wescot?

 

to be honest

 

if the debt contain unlawful PENALTY charges

 

they'll go nowhere near a court .

 

as there is no CCA they dont have to issue either a DN or a termination notice.

 

i don't think

 

what does your CRA file say

 

does a dca now own this debt?

 

dx

[Abby25]

Overdrafts are covered by s10 (part v exemption) of the Consumer Credit Act - therefore a correctly executed default notice IS required and the debt will be recorded on your CRA file.

 

They won't have a specific copy of the DN on file (not normally anyway), BUT there should be the date of issue - but one does have to be issued due to the regulation of the OD element.

 

Taking this to court would make them divulge the date, and they wouldprobably just give a template copy of a typical DN notice - which they hope the Judge would accpet as being issued in your case.

 

FYI - there are copious threads on here re ODs, with accurate advice on their regulation, have a hunt round to obtain relevant guidence (or go through my past posts to find them ) - which if handled correctly, and if you can prove that they have failed to adhere to the CCA regs pertinent to s10 (part v exemption, which is forfeited by improper compliance to s10), IMHO they will be completely disuaded from going the court route, and indeed fail when they get there, as the posts you'll read will highlight.

 

Hope this helps

 

Abs

Edited October 29, 2012 by Abby25