Dodgy halifax CCA from Lowells now SD - ***Set a Side & 2k Costs awarded***

[trout]

Thanks Cerberusalert for that.

 

But,

 

Do I need to remove the side numbers ? and if so how ?

 

You say they have unlawfully recinded the agreement,what does that mean in my circumstances ?

 

Sorry that I seem a bit thick,I've been going through this forum since Nov 2009 ( in relation to cca's etc ) and I just seem to get more and more confused.1 minute I think I understand and the next I read a thread/post etc and everything becomes a blurr again.

 

Anyhow,

 

Thanks again,

 

trout

[cerberusalert]

Do I need to remove the side numbers ? and if so how ?

Just delete the image.

You say they have unlawfully recinded the agreement,what does that mean in my circumstances ?

It means that they can only legally claim the arrears up until the DN the remaining balance has to be written off.

 

Are you aware that if the Default Notice is defective and they have terminated the agreement it is unlawful rescission of contract and you are only liable for the arrears?

 

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

 

In the final paragraphs of the costs order in BOS v Robert Mitchell June 2009 judge langan said;

 

 

"11. Finally, I have to consider whether the costs of the defendant should be assessed on the standard or on the indemnity basis. In my judgment the assessment should be on the indemnity basis. The only realistic view of what has happened is that the bank has surrendered on a straightforward point of law, to which it has on several occasions been alerted by the defendant or his solicitors. A large commercial enterprise which proceeds with litigation in the face of warning signs of the kind which were erected here, adopts a high risk strategy. The point in question was a simple one. There was no relevant controversy as to the evidence. To choose to abandon the claim on the very day of the hearing is doing a serious disservice to the efficient administration of justice, and comes very close to constituting an abuse of process. At the very least, the bank's conduct of the litigation falls comfortably within the range of cases in which, on the modern authorities, an assessment of costs on the indemnity basis is appropriate"

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[trout]

many thanks for that CB, I think I now nearly understand UR.

 

However, I don't know how to delete an image !

 

Please advice,

 

many thanks again,

 

trout

[trout]

OK then, what should be my next step ?

 

Am I right in thinking that I need to accept their termination asap ie.

can they rectify their mistake ?

 

If so I presume that I am admitting that there was an agreement.

 

 

I say this because most of the arrears that would be owed are made up of the interest that they have illegaly applied

whilst the acc was in dispute because of their failure to comply with my cca request

( I have not received anything from them in that respect,

although they have said that they sent me a recon agreement ).

 

If I do need to accept the termination is there a specific letter to send ?

 

As always, all help very much appreciated.

 

trout

[middenmess]

The left hand at Halifax hasn't a clue what their right had is doing:this results in the termination letters being sent far too soon.

 

I wrote to them as below but bear in mind that this is just my version of several other versions that I found on various threads on here and might therefore have room for improvement!

 

I refer to the letter of xxxxxxxxxxxxxxxx sent by xxxxxxxxxxxxxxxxxxxxxxxxx which notified me that Halifax have terminated the agreement as I had failed to repay the requested amount by the date shown on the default notice.

As this termination occurred x days before the date in which to rectify the default such action is an unlawful repudiation of the agreement.

I accept your unlawful action and now consider myself relieved of any obligations that may have existed in the event that the alleged agreement did indeed exist between us.

 

Kindly advise me of the amount of arrears,if any, outstanding as at the time of termination of the agreement.

 

Against any genuine arrears may be a claim for unlawful recission.

Any correspondence from them will see them deny ever terminating the account.

 

Mine is still showing as 'live' when I look online and the statements continue to arrive.

Eventually they'll deal with it properly-------------------------I expect!

 

[trout]

Thanks for that imput Middenmess.

 

I think that your letter is fine.

 

OK, it could be altered ie to include some case law that CB posted on this thread ( but would that really make any difference ? ). At the end of the day you have agreed to their unlawfull termination,FACT.

 

But, in the interrests of everyone here, could anyone clarify whether they

can rectify an invalid termination before you accept it ?

[trout]

Hi,

 

I received a DN from a bank with regard to a credit card acc.The DN gave me 17 days ( to pay the arrears ) from the date of the DN.

 

The DN was posted second class.

 

They have now terminated the account.

 

Am I right in thinking that they have messed up ?

[cerberusalert]

Yes, it's four working days for service if posted second class, Sat, Sun & Bank holidays are excluded.

[cerberusalert]

Because they have terminated the agreement on the back of a defective default notice they have 'unlawfully rescinded the agreement' & are only entitled to the arrears up until the time of termination... not the full amount of the alleged debt.

[trout]

Cheers for that CB.

 

I thought that was the case.

 

I shall post the details in the relevant forum ( for everyones benefit ) once I have accepted their termination.

[alfwithhair]

Don't expect the creditor to agree with your acceptance, as they won't.

They will tell you everything is legally correct and will still hound you for the balance.

[trout]

Update.

 

On closer examination I noticed the dn gave 17 days after the date of the notice.

 

 

 

 

In my opinion the dn is still defective as 1) it should be 18 days after the date of the dn, 2) It should state a specific date to remedy the breach.

 

Thoughts please

[cerberusalert]

A DN has to be date specific.

[trout]

Cheers for the quick reply CB.

 

After accepting their unlawful rescission I received this

 

 

 

Note the bit about the acc being cancelled correctly in accordance with their t&c's. Seems RBS think they can bypass the laws of this land !!

 

 

Thanks again,

 

trout

Edited May 19, 2010 by trout

[cerberusalert]

Even if they know what the defect is they wouldn't admit to it & unluckily for them they don't keep copies of DNs sent.

[trout]

Received these from Lowells in response to a cca request.

 

They say that this constitutes a valid CCA,

 

so pay up !!

Thoughts please

Edited November 17, 2013 by trout

[dpick]

Hi the experts will be along later maybe Monday but they will need to know when this agreement was made so to advise if lowlifes are telling porkies.

 

I cannot read some of the pages and it is a requirement of CCA request that the agreement must be legible.

 

As the charges are £12 and this did not come into effect until approx. 2006

this will also say if the terms and conditions are from the inception of the agreement which could also have effect on compliance to CCA request.

 

dpick

[Stigman]

How do I convert them to pdf ?

 

Instructions originally posted by DX100uk

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

 

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

************************* ************************* ***********

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

 

**************************************************************

 

Stigman

[dx100uk]

5 threads on same debt merged for history

please keep to one thread per debt.

 

so haliprats unlawfully terminated on the back of faulty DN

by not giving enough time [for 2nd class post] to rectify the DN

and by not giving an actual date either

 

then they sell it to lowlife

 

classic!

 

dx

[trout]

In addition to the docs in post 41, please peruse this -

[trout]

Thanks for merging the threads DX.

 

The invalid DN is not what concerns me at the mo though.

 

I really need some expert thoughts on the docs i've posted as I think that there could be serious issues therin.

 

thanks

[dx100uk]

why?

 

 

is this the debt linked by the threads

 

 

if so. game over for them.

 

 

when was YOUR last payment.

 

 

dx

[trout]

Last payment approx Jan 2010.

 

Yes the threads are linked,

 

Why do you say game over dx ?

 

Regarding the docs I've posted up -

 

doc 1 ** halifax state ' your clients signed APPLICATION !!

 

doc 2 ** looks to be cut and pasted to the back of doc 3, and,

 

the interest rates differ from the second alleged agreement in doc 4

 

their address of the alleged agreement ( top right ), differs from their address in the second alleged agreement in doc 4

 

the charges differ from the second alleged agreement in doc 5

 

 

the alleged agreement in doc 2 does not have my middle name in it, but the alleged agreement in doc 4 has.

 

Doc 6** ( the second ,or is it the first agreement !!! Is not signed or dated by myself ) because as far as I remember,I only ever filled in an application form.

 

There are other issues eg print being misaligned, my name and address on doc2 otherwise known as the application form etc.

 

Is this not attempted fraud ?

 

P.S. thanks also Stigman

[dx100uk]

and the dn is faulty as well

so the tn is defective.

 

 

it would be an entertaining time if they wre to goto court.

 

 

I think it was pretty much a done thing

when they 'upgraded' the card

sent another agreement to hide their dn/tn mistake.

 

 

dx

[trout]

I agree dx, but what is your opinion on the docs Lowells are pertaining to be a Credit Card Agreement ?

 

thanks