Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've just re-read the letter I received before they sent me the info and noticed this phrase:
"In relation to your request for information about any manual intervention on your accounts, as the Halifax is not required to record this information I am afraid I am unable to assist you further with this request."
Does this matter or should I mention it in the next letter you have kindly suggested?
No, this will be your prelim letter, asking for your money back, they have 14 days to comply, they will fob you off. Just continue with your claim, keep to your timescales.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Just looked at the original letter I sent for my a/c (dealing with mine and my partners).
This was to a DCA called EOS Solutions UK Plc, in Warrington:-
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 (6) will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a cheque order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
They have clearly sent out the SAR info instead of the copy of agreement well at least that has saved me a tenner.
Thing is I still haven't got a copy of the agreement. Do you know if there is another letter I have to send for this please?
On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.
You have failed to comply with request, and as such the account entered default on **DATE**.
The document that you 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. 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 may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.
Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.
The lack of a compliant credit agreement is a very clear dispute and as such the following applies.
* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.
Therefore this account has become unenforceable at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
After taking advice, I am of the opinion that your 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 reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I would appreciate your due diligence in this matter.
I sent the letter Maroondevo kindly suggested on the 10th Jan.
Today I have received the credit card application. It says it is regulated by the consumer credit act 1974 and does have my signature.
Sorry I'm not able to post it up as the text is too small for my scanner to pick up.
Looks like they are trying to confuse and drag matters out.
What court papers do i need to start a claim going on from the letter in #10?
This is the CCA I have received after my CCA request. Please can anyone tell me is this is enforceable? Sorry I'm not able to scan as the copy is so bad the scanner cannot make out the words.
My personal details are on the left side of the page & the following on the right side. My signature is on the bottom of this information
Halifax CREDIT CARD APPLICATION
Halifax Card Service
CARDIFF
CF10 4PB
CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
Attached to this application form you will find important information about your account. Some of the information is repeated in the Halifax Credit Card Conditions. You will find a copy of these conditions in your Halifax Credit Card application pack.
Please supply me with a Halifax Credit Card as indicated. I confirm that the information I have given you is true and complete.
I declare that I have never been bankrupt nor entered into any agreement with creditors or been subject of any judgement or decree for debt outstanding.
I consent to any details being passed to other companies in your group for marketing purposes and to select third parties for administrative purposes.
I agree Halifax plc may search the files of a credit reference agency which will keep a record of that search.
Details of how I conduct the account may also be disclosed to the agency.
This information may be used by other lenders in assessing applications for credit from me and members of my household and for occasional debt tracing and fraud prevention.
We will check your details with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud we will record this.
We and other organisations may use and search records to help:
*Make decisions about credit and related services for you and members of your household.
*Make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.
*Trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies.
*Check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity.
I agree to be bound by the Halifax Credit Card Conditions and understand that they form part of this agreement.
I understand that you may not accept my application and that you do not have to tell me why.
*If you accept my application, I agree that you are to send and extra Halifax Credit Card to the person that I have named as an authorised user of my Halifax Credit Card. (*cross out this sentence if it does not apply).
I authorise you to make enquiries of my employer to confirm my employment details and for my employer to disclose this information to you.
Halifax plc uses the information you provide to assess the suitability of your application using a technique known as ‘credit scoring’.
When considering an application for credit, we may use the information supplied to us to offer additional products.
When I give you information about another person, I am acting for them with their knowledge and approval. I also have their authority to agree to the processing of their personal details.
Hi
Bubblecat, this sounds like an 'application form', states 'credit' not 'credit card' Agreement, and no Terms or Conditions, and no repayment/APR details or Credit Limit? Sounds fishy...
Maroondevo52, hope it's ok to borrow/modify the letter here. Am in the same situation as Bubblecat and rec'd the same reply, but no CCA, so am going to again request the CCA doc.
J
Halifax Credit Card
? if so how do I calculate this?
The Consumer Forums
Reply With Quote
Originally Posted by BubbleCat
forget about that bit.
well at least that has saved me a tenner. 
