Halifax Credit Card - default notice. Help please

[mjc007.5]

Good morning all,

Please bear with me if this gets a little lengthy, still finding my feet (and grateful to have found this place and the people here!).

Attached DN in relation to the above which I cannot really meet. Arrived 1st July and as you can see states I must pay before 9th July.

Initially appears to be valid DN but in light of previous paragraph above my questions for you please are as follows:

1. Reading related threads here gives me the impression that best case scenario if I work on their posting on day of production by first class post date of service would be taken to be two days after that (so dated 25th June with date of service 27th June)
2. If this is correct statutory date for payment (if I was able) would be midnight fourteen days later (11th July).
3. On this basis in specifying the 9th July they are incorrect and hence I have an invalid DN?? (hopefully )
4. If taken to have been posted 2nd class and days were based on working days then potential date of service and statutory date for payment are way back from here and again as a result invalid DN???
5. In relation to page 2, if you read paragraph 3 it states that payment or satisfactory proposals must be made within 28 days. I realise this is supposed to refer to the registering of a default with CRA but is it legit to have the two different time lines in a DN in this way??

General advice on the above and resulting suggestions on way to proceed gratefully recieved.

Many thanks

[Google search]

You can use Google to search the web using these links below:-

[mjc007.5]

Oh bugger, miniature thumbnails! will try again with attachments - sorry!

[mjc007.5]

photobucket must be backing up at this ungodly hour as cannot get on to it. Trying via zip file instead, fingers crossed.

[I've got no money]

It's not the worlds greatest copy but is NOT valid - it should give 14 days after service for remedial action

I am a bit confused - the Notice appears to be dated 2008??? or is it my eyesight certainly the remedial action is 8th July 2008. Have you got the envelope it came in?

Can you clarify - the original post seems to imply that you have just received it



Have you kept the envelope - was it sent

[mjc007.5]

Many thanks for the reply - my suspicion about the 14 days is correct then? Have I interpreted (even the best case scenario) the date of service and the date for payment correctly? I have not been able to confirm with certainty if the 14 days actually runs as "working days" or clear days from date of service? (although either way suspect they have not given me 14 days!

As to the copy and dates - apologies - scanned with elderly HP officejet V40/microsoft software and think at least the HP may be reaching it's natural end (has done us proud for best part of 8 years!).

The notice is dated 25th June 2009, gives me (on page 1) until 9th July to pay, arrived with me in post on 1st July. I have kept the envelope (previous readings here) but no obvious marks/idea as to exact posting date as it is a prepaid/bulk mailer (although does have UKML and then a serious of numbers in computer generated print on the front?).

On page 2 we still appear to have the contradictory 28 day time frame for repayment or to come to an arrangement?

Any and all opinion on the specifics and suggested routes forward (I cannot pay the whole lot) gratefully recieved.

[I've got no money]

Many thanks for the reply - my suspicion about the 14 days is correct then? Have I interpreted (even the best case scenario) the date of service and the date for payment correctly? I have not been able to confirm with certainty if the 14 days actually runs as "working days" or clear days from date of service? (although either way suspect they have not given me 14 days!

As to the copy and dates - apologies - scanned with elderly HP officejet V40/microsoft software and think at least the HP may be reaching it's natural end (has done us proud for best part of 8 years!).

The notice is dated 25th June 2009, gives me (on page 1) until 9th July to pay, arrived with me in post on 1st July. I have kept the envelope (previous readings here) but no obvious marks/idea as to exact posting date as it is a prepaid/bulk mailer (although does have UKML and then a serious of numbers in computer generated print on the front?).

On page 2 we still appear to have the contradictory 28 day time frame for repayment or to come to an arrangement?

Any and all opinion on the specifics and suggested routes forward (I cannot pay the whole lot) gratefully recieved.

As far as deemed service is concerned:-
First class Post is deemed to be delivered two business days after posting. The 25th of June was a Thursday - weekends don't count so it would be deemed delivered on the following Monday, the 29th which would mean 14 days from the 30th which would be the 13th July
Second class post is deemed delivered four business days after postage, which would be the 1st of July you then have 14 days after service - so it would be the 15th July

So either way its' invalid

As to what you do next you should NOT under any circumstances tell them it is invalid, certainly not until they have terminated the agreement.

Treat it as any other debt - is there a CCA is it enforceable, are there default charges etc etc

[mjc007.5]

Thank you very much indeed

Occurs to me may have started this in the wrong place - if so apologies to all and are the site team able to move it?

[mjc007.5]

They do appear to have a valid CCA but some of balance is made up of default charges.

Which route next? Understand should keep invalid DN to myself for now (does anyone have a link to the process for what to do when they invariably proceed to termination and sell on of the agreement?).

I am not sure where to go next - Subject access request? Make affordable offer of repayment? (they have been getting £10 a month for a couple of months now whilst I try and sort sustainable plan out of my debt hell). As part of this the card has obviously been shredded! (in itself this was actually quite therapeutic! )

Thanks for looking, advice and support to all

[mjc007.5]

Any further views about how best to approach? Realise that this is probably not in the right thread and many posters today are dealing with court papers and the such so whatever anybody can offer gratefully recieved.

Many thanks

[I've got no money]

They do appear to have a valid CCA but some of balance is made up of default charges.

Which route next? Understand should keep invalid DN to myself for now (does anyone have a link to the process for what to do when they invariably proceed to termination and sell on of the agreement?).

I am not sure where to go next - Subject access request? Make affordable offer of repayment? (they have been getting £10 a month for a couple of months now whilst I try and sort sustainable plan out of my debt hell). As part of this the card has obviously been shredded! (in itself this was actually quite therapeutic! )

Thanks for looking, advice and support to all

Can you post a copy of the CCA - it might be an idea to double check that it is enforceable - when did you first apply for it?

[mjc007.5]

Hi IGNM - cannot put my hand on the CCA at present but this account is under two years old. I was actually using the agreement that I had - have not requested this from them yet. I get the impression that I should start with this? If so, given the DN and likelihood of further action should I do this under CPR instead of CCA??

Sorry if a bit naive, steep learning curve here

[I've got no money]

I have to say that it is likely to be enforceable BUT even if it isn't the court wil have a discretion to enforce.

I'd be inclned to do a CCA request to start with - it might also be an idea to do a data protection SAR as well

[mjc007.5]

That my worry - if it is enforceable and agree with you likely to be so then when does the invalid DN become useful?? Also, where do we go with the default charges (pursue seperately, or revise repayment offer to include request they refund - might be lucky??)

I will start with CCA, re-state repayment proposal again and move on to SAR once time frame for CCA expired? Does that seem like reasonable plan here?

[lee32uk]

Just wait for them to terminate the account.Then because they have issued a defective default notice they will only be able to ask for the arrears at the time of default.

[vint1954]

Just wait for them to terminate the account.Then because they have issued a defective default notice they will only be able to ask for the arrears at the time of default.

Just having a quick look here MJC, the DN is faulty on dates and also if the sum includes default charges and interest, then this also renders it faulty.

Banker Rhyms with, is an expert on these, so when you get your termination, he can perhaps advise, though he is busy.

Halifax have done the same with me. Faulty DN and terminated. but they behave as though the account is live? Keep sending statements etc.

Vint

[mjc007.5]

Many thanks Vint, will update when I hear from them. You are right I am continuing to get statements as well!

[vint1954]

Many thanks Vint, will update when I hear from them. You are right I am continuing to get statements as well!

They realy are the pits.

It's a question now of keeping everything in order and not acknowledging the debt from now on.

Be guarded in the wording of any letters that you send.

[mjc007.5]

Hi folks,

Well we are still waiting on the CCA request (although agreement within last 2 years so may well turn out to be enforceable). In the meantime the following has arrived! Any advice about next steps gratefully recieved.

Also, with potentially working with CCCS on a dmp - I am inclined to include most of my disputed debts in it for now but given we have previously decided this one has a faulty DN where do we go?? (Is there something about my not acknowledging until they terminate??).

many thanks

[mjc007.5]

Any views/help please? Not sure where this goes next??

[I've got no money]

You could do them a letter explaining that the DN is defective and that their action in terminating the agreement is a repudiatory breach of contract and that you accept the repudiation of the contract and that consequently the contract is at an end and that you are no longer bound by it. For the avoidance of doubt you confirm that you do NOT affirm the contract and consider that it is terminated.