Fred Bassett v Halifax

[Fred Bassett]

I'm just preparing a CCA request to the Halifax. I don't expect this to do much for me, but it's worth seeing if they can provide the correct documentation.

I've got a DMP through the CCCS and despite this, I keep getting letters from the Halifax telling me that my account is in arrears. What's really niggling is that they give me an 0870 number to reply on. It's easy enough to get around this - found a normal number on SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers, but I can't be the only one to find this irritating.

So - here's a thought. I'm going to get my own 0870 number (you can get one for a tenner) and tell all of my creditors that this is my contact number from now on. That way, if they want to contact me, THEY can pay and I'll get a share of the profits. That will hack them off.

So, to the matter at hand. Halifax have not been the worst people to deal with - more of an irritation than a serious menace so far. I'll keep reading the posts, but If anybody can share their experiences then I'd be grateful.

I have a whole load of creditors and I am not in the financial position to take them all on at once but I can at least get the CCA letters sent off.

I'll let you know my progress.

What a wonderful site this is by the way. Whoever started it should be knighted.

Cheers.

Fred

[Fred Bassett]

I haven't done much on any of this for a while, mainly because I'm waiting to see what happens when it all goes to court.

However, I've got into a series of correspondence with the Halifax because they sent me a snottygram - usual threatening tactics when they want me to increase my CCCS payments. I pointed out to them that they have not fulfilled their legal obligation to send me a copy of my credit agreement - they've only sent me a copy of the original application. Among the statements they make are this one:

"... I would advise you that a copy of the signed credit agreement which is the original application form has already been sent to you. The terms and conditions of the account should be on the reverse of the application form, or alternatively these can be obtained from any branch. The application form represents your credit agreement and is signed by you."

In addition, they have addressed the letter to me AND MY WIFE. The credit card is/was in my name only and has nothing to do with her. Surely a breach of the data protection act there?

Any suggestions as to how I should tackle this one?

Regards.

Fred

[overflow]

HI Fred B.

Sorry cant help you Im afraid but perhaps if I give you a bump then a site helper or mod can come to the rescue.

Regards

[Fred Bassett]

Bump.

[overflow]

bump

[Fred Bassett]

I am mightily intrigued by the entries on my credit card statements which are all showing 3 different lots of interest - all of them simply called interest. Has anyone else experienced this and knows why it is?

Regards.

Fred

[Fred Bassett]

Hello to all.

Here is a copy of my so-called 'agreement' with Halifax:

http://i218.photobucket.com/albums/c...pplication.jpg

As you can see it is an application form. It's not a very good copy, but this is what I was sent.

Today I received a letter from the wonderful Blair Oliver and Scott threatening to get a court judgment against me for not paying the Halifax.

Could somebody please point me in the direction of a good 'go forth and multiply' letter. Also, this has just been passed to BoS, previously Halifax had been dealing with it themselves.

You might be interested in this statement from an earlier letter: "...I would advise you that a copy of the signed credit agreement which is the original application form has already been sent to you."

I hate Blair Oliver and Scott with a vengeance and simply can't wait to get one over on them.

Regards.

Fred

[Fred Bassett]

A couple of more things:

Should Halifax have notified me that they have passed this on to a DCA? (even though everyone knows BOS are in-house)?, so should I be asking for Deeds of Assignment or some such?

I know I've only had one letter, but I've had numerous 'phone calls, so should I be asking for a copy of BOS's complaints procedure?

Cheers.

Fred

[Fred Bassett]

Bump.

Would really appreciate some guidance on this folks as I would like to send a letter by Saturday at latest.

I've had nothing from Halifax to say that they've passed this on by the way, should they have done so?

Regards to all.

Fred

[sea-sidelady]

Yes you're right, it's defiantly an application form. You should've received a notice of Assignment from the Halifax that they were passing it onto BOS.

Send BOS the telephone harassment letter (presumably, it's BOS who're ringing you?)

Harassment by telephone - response letter

I have some one coming in with the appropriate account in dispute letter for you.

[Fred Bassett]

I've cobbled this together from various other templates/threads. Will it do?

Blair Oliver and Scott Ltd.
PO Box 66
Rosyth
Fife
KY11 2WG

21st March 2008

Dear Sir/Madam

Your Reference: xxxxxxxxxxxxxxxx
ACCOUNT NUMBER: xxxxxxxxxxxxxxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I refer to your letter dated xxxx March which was delivered to me yesterday.

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I have already made this request of the Halifax and therefore feel no need to pay you the £1 statutory fee payable under the Consumer Credit Act. I attach a copy of my letter to them dated xxxxxxx 2007. To date, no such agreement has been supplied – just a copy of an application form which does not contain the prescribed terms. I understand that a copy of my credit agreement should have been supplied within 12 working days from the date of that letter and that the Halifax/yourselves are now in criminal default.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from Halifax Bank and Blair Oliver Scott Ltd.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

Yours faithfully


Fred Bassett

[Curlyben]

To be honest as you have already CCA'd Halifax another is not needed.

Edit as needed

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

The document that Halifax are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

*- Delete as needed
Enjoy

[Fred Bassett]

Originally Posted by Curlyben

To be honest as you have already CCA'd Halifax another is not needed.

Edit as needed
*- Delete as needed
Enjoy

Thanks Curlyben. I'll send this off tomorrow by recorded delivery. I've got a similar problem with Lloyds and Credit Security, so I hope you don't mind me using it for that as well.

Regards.

Fred

[Fred Bassett]

Well I finally got a reply from Halifax - it was another copy of the application form that they've already sent. No covering letter, not even a compliment slip.

I think I'll just sink back into the jacuzzi and have the Butler bring me another bottle of Veuve .......

Regards to all.

Fred