Old mortgage debt/DCA - please help...

[give_me_it_back]

Thanks all. I have been advised to come looking for help on this board as some of you may have similar situations.

My original thread is here:

http://www.consumeractiongroup.co.uk...gage-debt.html

and I would REALLY appreciate some help..

Thanks!

[PriorityOne]

Glad you found it..

While you are waiting for help, you may find this thread useful...

Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

I hope the link works... if not, I will pull it up for you.

[give_me_it_back]

Thanks very much. Very much appreciated.

Also, in addition to my questions asked on my thread, the information sent by the Halifax is really difficult to understand. It's just a list - which makes no sense to me at all.

This appears to go against the ruling given by OFT that information must be clear and not take advantage of the fact that debtors do not understand the 'lingo'.

[PriorityOne]

I have tried to plough through your thread, but have the 'flu so I know that I haven't taken it all on board.

From the info. so far though, the DCA do not seem to have any legal authority to collect from you. They have not been able to produce any signed authority to do so and Halifax have not included any signed Deed of Assignment or otherwise that indicates it with their S.A.R - (Subject Access Request) info.

Perhaps someone can take over and help from here ?

[PriorityOne]

I will probably still be off sick from work tomorrow... so will have another read for you...

[give_me_it_back]

Thanks SO much, and I hope you feel better soon!

[PriorityOne]

Hi again,

I have read through your thread again and still believe that the DCA have not come up with any documentary proof that gives them the legal right to collect from you. A "personalised letter of authority" is not enough... you need a Deed of Assignment or any other legal document that clearly shows that the debt was sold to them.

Unless you have already done so, write to them again (recorded delivery, keep a copy) stating that...

I do not acknowledge any debt to your company. You have still failed to provide me with the information I requested. Under my S.A.R - (Subject Access Request), I am entitled to receive all data that your company holds on my accounts.

Until I receive a Deed of Assignment or any other legal document that gives you the legal right to pursue an alleged debt, no payments will be forthcoming. A standard "letter of authority" does not represent a legal document.

To date, as you have failed to comply with my statutory request for a true, signed copy of any legal agreement, any further attempts by your company to enforce an alleged agreement will be reported to Trading Standards and the OFT, unless such a document is produced.

Furthermore, as you have been unable to provide me with the requested information within the legal timeframe, it is my belief that you were never in possession of a signed, true copy of any Deed of Assignment. In light of this, I find it astonishing that you have had the audacity to try and claim for an alleged debt without being able to provide any legal evidence to support that claim, within the time frame allowed by law.

I therefore do not acknowledge any debt to .......................or to any company that you claim to represent.

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

Yours sincerely/failthfully....



Re. The Halifax...

In their letter, you said that they had confirmed that the account was not sold....

Are they now saying that the account was not sold to the DCA ? In which case, they have confirmed in writing that the DCA has no authority to collect !

Were they late with their (incomplete) S.A.R - (Subject Access Request) info ?

Halifax is not correct in saying they do not have to provide you with statements as the account has been closed for more than 6 years... you are entitled to receive all details of your entire banking history and if this means that they have to delve into the bowels of the building to find it on microfiche or whatever, then so be it... the S.A.R - (Subject Access Request) clock is still ticking though.

You have asked about manual intervention in the S.A.R - (Subject Access Request). Yes, they do have to provide details and confirm if it did/didn't take place.

You are entitled to receive everything...

completion statement, all copies of all letters that they have ever sent to any address, any default notice, information regarding the sale of the house, proof of repossession in your name and details of any shortfall.

Until you receive all this information, do not make payments and if you have not already done so... request that all interest is frozen on the account. Also remind them that the account remains in dispute.

I hope this helps you.... although this thread could do with some input from others please ??

[give_me_it_back]

Thank you SO much Priority One! AND you have 'flu! You're a little pocket rocket!!

Just one thing.,.. I am based in Scotland - does this make a difference to quoting the English Common Law?

I will do nothing until I hear from either the Halifax or CIS now, but, when I do, I will be ready with the ammo!

[PriorityOne]

As it is just a sling-your-hook kind of letter, just remove the "English" and leave it as Common Law.

I hope you are feeling a bit more positive.... I can appreciate what you must have been going through because I was repossessed some years ago. It's horrible... you see huge figures on bits of paper and freak out.

I was also unable to contact my ex (joint mortgage), but asked them to split the liability in half... which they did. They also froze the interest, so these are suggestions that you may want to use later on with Halifax.

... off for another Lemsip !!.... keep your chin up...

[give_me_it_back]

Thanks PriorityOne. I hope the Lemsip is working!

I heard from the DCA, asking what information I was still waiting for from the Halifax. I have sent this letter:

As I stated in my last letter, the Halifax have still not provided me with all the relevant information. They also failed under the Data Protection Act to provide any information within the 40 day deadline. It is within my rights to report them to the Information Commissioner.

I still require the following from the Halifax:

• I asked to receive all statements, including the completion statement, and a complete list of charges that were applied to this account. The Halifax say that they do not have to provide me with statements as the account has been closed for more than 6 years. This is incorrect. I am entitled to receive details of my entire banking history. They have failed.

• Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of their staff, or any other 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 banking business with you. If they are unable to supply this data because there has been no such manual intervention, they need to confirm this in their response.

• In the letter, they confirm that the account was not sold. Since this is the case, I can only assume that you have no authority to collect. They also say that all letters were sent to my forwarding address. The address they have on file is correct, yet I did not receive any correspondence from them. I am entitled to copies of all these letters

• I was never issued with a default notice. They need to provide this.

• I was also never informed of the sale. They need to provide this also.

• It is also my legal right to see proof of the repossession (in my name) and also the shortfall.










In addition, I do not acknowledge any debt to your company. You have still failed to provide me with the information I requested. Under my S.A.R - (Subject Access Request), I am entitled to receive all data that your company holds on my accounts.

Until I receive a Deed of Assignment or any other legal document that gives you the legal right to pursue an alleged debt, no payments will be forthcoming. A standard "letter of authority" does not represent a legal document.

To date, as you have also failed to comply with my statutory request for a true, signed copy of any legal agreement, any further attempts by your company to enforce an alleged agreement will be reported to Trading Standards and the OFT, unless such a document is produced.


Please do not wrote to me again unless enclosing all the information to which I am entitled. Until I receive all this information, the account is in dispute and all interest must be frozen.

[PriorityOne]

It will be interesting to see what the DCA try and come up with, now that you have mentioned your letter from the Halifax saying that the account was not sold...

... keep smiling...

The Lemsips have helped thank you... but it means I am well enough to go back to work now....

[give_me_it_back]

Thanks PriorityOne, and I hope work isn't too draining tomorrow...

It will be interesting to see, as you say. However, Halifax have admitted that CIS are their 'collecting agents'. Tell me... what is the difference..?

[PriorityOne]

CIS must be the company... or one of the companies that Halifax uses to collect on debts. However, as far as I am aware, they need to have your authorisation before passing your personal data across to anyone collecting on their behalf.... or it becomes a breach of the Data Protection Act.

[give_me_it_back]

Thanks.. that is VERY interesting... I have NEVER given my authority. I will keep you posted on the response...

[give_me_it_back]

Ok.. Have now heard back from