Claim form received for an old Halifax Loan defaulted twice in July 2008 and Febuary 2009.
Advice needed to fill in the defense forms at the government money claim site.
This alleged debt originally a loan between myself and Halifax
Bank.
In July 2007 Halifax applied a £90 charge to my current account
allegedly for unpaid bills and returned direct debits.
I have long disputed this and have asked for proof on several
occasions. No reason has been supplied.
This is important because 2 month later another charge was added
because I was a short of funds. Had the £90 charge not been
levied this charge would not have occurred. This triggered
another charge and another charge until July 2009 when the Halifax
account stood at around 2k in debt all due to charges.
Without the erroneous £90 charge no fees would have occurred.
This level of debt, placed falsely on my current account, forced me
into arrears on the loan that is now been claimed as due.
This level of arrears forced the Halifax to default and terminate
the loan account now been claimed as due.
I accepted this termination as unilateral cessation at the time and informed
them at the time that they had not allowed me the statutory 14
days for the default notice to be remedied.
Halifax have acknowledged by letter that only 10 days was allowed
but they claim this did not disadvantage me because they terminated 30
days after the notice.
I was not made aware that I had 30 days to termination. I was
only made aware of the time on the default notice. This was 10
days from the date of issue to the date remedy. With
normal postal service and the weekend this was less than 1 week.
If I had of been allowed the statutory 14 days I could have
remedied this breach. I could do nothing in 1 week.
Lowell bought the loan around 18 months ago.
As well as many letters and phone calls they applied last year for bankruptcy proceedings. They also slapped a charging order on our mortgage.
I got this case thrown out and the charging order removed as the account was clearly in dispute for the reasons given above.
The account is also nearly statue barred. Defaults issued July 2008 and Feb 2009. Last payment recorded Feb 2010 although I do not remember paying this.
Point 1 : I do not feel it is just or legal for the Halifax to
force a default on a loan by applying erroneous charges onto a
linked current account. I am not a legal expert but this has to
be wrong.
Point 2 : I do not feel that the claimant should be allowed the
considerable power and authority of the court without a valid
default notice as prescribed by the consumer credit act.
Point 3 : Halifax subsequently terminated this account. I
accepted this termination in writing.
Point 4 : The last thing I want to do is waste court time. I am
litigate in person.
Any pointers and advice welcome. Do you think I have a strong case or are default notices now somehow not important?
Advice needed to fill in the defense forms at the government money claim site.
This alleged debt originally a loan between myself and Halifax
Bank.
In July 2007 Halifax applied a £90 charge to my current account
allegedly for unpaid bills and returned direct debits.
I have long disputed this and have asked for proof on several
occasions. No reason has been supplied.
This is important because 2 month later another charge was added
because I was a short of funds. Had the £90 charge not been
levied this charge would not have occurred. This triggered
another charge and another charge until July 2009 when the Halifax
account stood at around 2k in debt all due to charges.
Without the erroneous £90 charge no fees would have occurred.
This level of debt, placed falsely on my current account, forced me
into arrears on the loan that is now been claimed as due.
This level of arrears forced the Halifax to default and terminate
the loan account now been claimed as due.
I accepted this termination as unilateral cessation at the time and informed
them at the time that they had not allowed me the statutory 14
days for the default notice to be remedied.
Halifax have acknowledged by letter that only 10 days was allowed
but they claim this did not disadvantage me because they terminated 30
days after the notice.
I was not made aware that I had 30 days to termination. I was
only made aware of the time on the default notice. This was 10
days from the date of issue to the date remedy. With
normal postal service and the weekend this was less than 1 week.
If I had of been allowed the statutory 14 days I could have
remedied this breach. I could do nothing in 1 week.
Lowell bought the loan around 18 months ago.
As well as many letters and phone calls they applied last year for bankruptcy proceedings. They also slapped a charging order on our mortgage.
I got this case thrown out and the charging order removed as the account was clearly in dispute for the reasons given above.
The account is also nearly statue barred. Defaults issued July 2008 and Feb 2009. Last payment recorded Feb 2010 although I do not remember paying this.
Point 1 : I do not feel it is just or legal for the Halifax to
force a default on a loan by applying erroneous charges onto a
linked current account. I am not a legal expert but this has to
be wrong.
Point 2 : I do not feel that the claimant should be allowed the
considerable power and authority of the court without a valid
default notice as prescribed by the consumer credit act.
Point 3 : Halifax subsequently terminated this account. I
accepted this termination in writing.
Point 4 : The last thing I want to do is waste court time. I am
litigate in person.
Any pointers and advice welcome. Do you think I have a strong case or are default notices now somehow not important?
Lowell Portfolio v theladyknows 12k claimed for old Halifax loan
