mfpa vs Halifax

[mfpa]

Originally Posted by mfpa

From the info they have sent so far, £2037 plus interest

Credit card statements from June 2001 to June 2006 turned up today, plus list of charges from then till May 2007. Shows charges of £243. Incomplete as I requested my whole history. Also, I requested interest rates and they only provided these from June 2001 to October 2003.


Brings total so far revealed to £2280 (plus interest).

[mfpa]

I got a reply to the CCA request for my BOS credit card. They signed for that CCA request on 23rd May and the reply that came yesterday says:-

I am pleased to confirm the information you requested has now been ordered. Once these documents are ready they will be sent direct to you.

Whatever they send me, it's well outside the 42 days. Does this help me in any way?

[deedee1310]

MPFA by all accounts they have know committed a summary offence under the CCA 1974!

They had 12 days + 2 from the date of receipt of your request. After this time had elapsed they would have been in default of your request. From the date of default. At this point you could legally stop paying them as the account is dispute. They are also not entitled to try and enforce the debt whilst the account is in dispute. Please see below:

If a creditor/owner fails to comply with a valid request within a period of 12 + 2 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

You could make a complaint now to Consumer Direct who will pass you on Trading Standards.

deedee

[emmaf01]

That sounds good!

[mfpa]

Originally Posted by deedee1310

MPFA by all accounts they have now committed a summary offence under the CCA 1974!

It would be good if anybody took these offences seriously.

Originally Posted by deedee1310

At this point you could legally stop paying them as the account is dispute.

I have not paid them for months...can't afford it with all the bank charges.

Originally Posted by deedee1310

They are also not entitled to try and enforce the debt whilst the account is in dispute.

I wish that meant they would not try.

Originally Posted by deedee1310

You could make a complaint now to Consumer Direct who will pass you on Trading Standards.

I could but would it be a worthwhile use of time and money?

Originally Posted by emmaf01

That sounds good!

It does indeed.

[mfpa]

..

[mfpa]

Originally Posted by mfpa on 20th July 2007

I got a reply to the CCA request for my BOS credit card. They signed for that CCA request on 23rd May and the reply that came yesterday says:-

I am pleased to confirm the information you requested has now been ordered. Once these documents are ready they will be sent direct to you.

And that is the only reply I ever received.

I am receiving letters from Blair, Oliver and Scott threatening home visits and court action. I was receiving numerous phonecalls for a couple of weeks but these have subsided for now.

[deedee1310]

If you want, I will PM you the stinker of a letter I sent to Robinson Way when they were doing the same to me. I was receiving calls 3 times a day, every day to my mobile AND my landline, for months.

I basically adapted the Telephone Harassment letter in the template letter and added a few choice excerpts.

It worked a treat and I've had no calls since.

deedee x

[mfpa]

I sent the letter below:-

Blair Oliver and Scott Limited
PO Box 66
ROSYTH
Fife
KY11 2WG


Your reference: ***/********

5th November 2007


Dear Sir/Madam

In reply to your recent correspondence, I refer you to my letter dated 21st May 2007 which was delivered by Recorded Delivery to your client’s offices on 23rd May 2007.

That letter was a formal request under Sections 77-79 of the Consumer Credit Act 1974 for a true copy of any properly executed credit agreement that exists in relation to account reference ****************.

The Consumer Credit Act allows 12 working days for this request to be carried out before your client enters into a default situation. If the request is not satisfied after a further 30 calendar days, your client commits an offence. These time limits expired on 11th June 2007 and 11th July 2007 respectively.

As you are no doubt aware Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1):-

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at 11th July 2007 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

It is my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970, as well as offences under various sections of the Data Protection Act 1998.
Any default notices or adverse comments your client has recorded on my credit reference file must be immediately removed. Note this is to be a complete deletion and not merely an amendment.

Failure to respond positively to this letter within fourteen days of receipt will result in litigation or/and other enforcement action being considered without further notice.

I would appreciate your due diligence in this matter.


Yours faithfully

and received a reply saying:-

8 November 2007

Dear Sir/Madam

Thank you for your recent communication.

The balance of your account is detailed above.

A copy of the original agreement has been requested from our client and will be sent to you under separate cover. Meantime should you wish to make proposal of £ payment to the above account do not hesitate to contact us.



Yours faithfully

J Smyth,
Manager,
Litigation.

So far, nothing further.

[mfpa]

They went quiet then and have still not sent a CCA agreement.

Today I receive a "notice of legal action" stating that if I don't pay them or ring to discuss within 14 days (of which 5 gone before letter arrived), court action will commence without further notice.

Better remind them again about their continued non-compliance with my CCA request. I'm getting rather sick of repeating myself to them.

BTW, they have switched back to "Bank of Scotland" headed paper instead of "Blair Oliver and Scott". Is there any significance?

[mfpa]

They have issued a county court claim against me. I need help with my defence.

Their POCs:-

The Claimant's claim is for 10***.** presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.
By an agreement dated **/**/1998 the Defendant has an account number **************** with the claimant. The Defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the Consumer Credit Act 1974. The balance due as at 7/2/2008 on said account is 10***.**.


I have still not received any document at all in response to my CCA request they signed for on 23rd May 2007.

I cannot be sure whether I've received any default notice.

Any help/advice would be greatly appreciated.

[Fashionably Late]

We had the same problem. Send them the letter asking for everything they intend to use in court. We did this and they withdrew the claim from court themselves and what they did send wasn't worth the paper it was written on.

BTW, they said they issued a default notice for us but they "can't find it". True morons in every sense of the word!

[pt2537]

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

Right ,

send this letter to them on monday morning Special Delivery, nothing less

then sit back and wait for them to reply,

if they do not comply then shout us around 7 days before your defence is due and i will help you further

now dont forget to acknowledge service of the claim

[mfpa]

Thanks.

Letter ready to go.
AOS filed online.

[spiritgirl59]

Hello mfpa

Subscribing x

I am awaiting a hearing date from court re me -v- Lloyds and their plonker firm of Solicitors.

Spiritgirl -v- Various DCAs

I have had such great help and support on here from so many lovely people. You may find some parts of my thread helpful.

If I can support you in any way with your case I will do.

Love SG x