Thread: Section 78 Write Off **won**

Hi all
just to let you all know,that the dispute letters,avoiding debt collection agencys and persistant letters of complaint actually "pay off"

Disputed the account for the wife after no enforcable agreement arrived ,
application form,standard terms/conditions,

today received this

This is what the game is all about, it shouldnt be how much each person gets wrote off its about the end result and how much does it cost them to keep chasing you and if you put your case across well and they know that they would never get there money,
may be the thinking has changed

since you ask this was was just short of a grand

Originally Posted by middenmess

Hi gary--I know that it was somewhat rude to ask the amount but I was interested to find out if the OC had a set criteria or limit at which they would pursue or write off.

I have read scores of threads and it seems that it really is hit or miss with creditors and not really related to how much or how little they are chasing.

I'm assuming that they probably liaise with other lending institutes to work out an individual's total indebtedness and then possibly have a commission arrangement with them if they recover any monies.

Hey no problem mm
I agree this can be as they say not financial viable on most debts to chase and may well let go and as mine are much higher,on this particular win I will be putting this down still as victory
again as they state , they know this wouldnt stand up in court and for the many people out there with debts of less than a grand this is great news and lets hope they have the same result

Originally Posted by pompeyfaith

hiya gary i will be taking on the Halifax shortly perhaps u could help me with it PF

you can count on that matey-I owe you a couple

xxxxxxxxx
xxxxxxxxxxx
xxxxxxxxx
xxxxxxx
xxxxxxx

HALIFAX
PO BOX 718
LEEDS
LS1 9GB
xxxxxxx2009
COMPLAINT REFRENCE: xxxxxxxxx
ACCOUNT NUMBER: xxxxxxxxxxxxxx

Dear xxxxxxxx

Thank you for your letter dated xxxxxxxxx this account remains in dispute and I have raised some points in answer to your letter,
Your version of executed agreements and mine differ greatly as you seem to be relying on the amended regulations 1983 (s1 1983/1553).As I am sure you are aware this agreement was 2002.

After reviewing the documentation sent in response to my Section 78 request for information relating to the above account and after Legal Advice I note what you have supplied may, or may not, comply with Section 78 of the CCA1974 but in what you have supplied you have failed to produce a document signed myself that contains the prescribed terms as per section 61(a) and section 127(3) of the CCA 1974.

I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present within the Original documentation then agreement can be rendered irredeemably unenforceable in law and I therefore refer you to the following of which, as a large financial organisation, I am sure you are fully aware of, If not please let me help you:

s61(a) CCA - Signing of agreement:
(1) A regulated agreement is not properly executed unless—
(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b) the document embodies all the terms of the agreement, other than implied terms, and
(c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.
s127(3) CCA:
(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

I understand that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1). If there weren’t any terms and conditions then please confirm this in your response

I am aware that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms of the agreement contained within the signed executed original document

In light of the above I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfiche or that you no longer hold the file.


Just to be certain your clear on your point raised in your previous letter ”about the consumer credit act 1974 does not prohibit collection activity when a account is in dispute”
I have never mentioned this and you must be referring to the OFT debt guidelines which as I large company such as the Halifax should realise they clearly state the rules on collection activities on disputed accounts as my last letter.
Again the lack of a credit agreement means there is a very clear dispute

I look forward to receiving the documentation requested.
Yours sincerely
xxxxxxxxxxx
Please note I have requested all communication in writing only and I have no reason to answer the telephone because of this request, threats of door step callers from a third party collector will have serious implications for the Halifax with my report to the OFT and Trading standards regarding this activity and a letter has gone out to retail collection address at the Halifax advising on this.

hope that helps

Originally Posted by GARY68

Hi all
just to let you all know,that the dispute letters,avoiding debt collection agencys and persistant letters of complaint actually "pay off"

Disputed the account for the wife after no enforcable agreement arrived ,
application form,standard terms/conditions,

today received this

Hi there again,
I am enjoying your achievment again....
DD

Are you suggesting we all write to Halifax for a signed cca in the hope they cant oblige, and then pursue a write off of our credit card debts? and the same for other credit card companys. Sounds good to me, especially if the credit card is donkeys years old. But is this really the case?

hiya gary

came across this thread from lexis200 own BOS thread so am subbing so i can learn some more stuff many thanks for the link by london000 and of course lexis that helped along the way from their thread

will be back once ive read the thread and well fab to you - i wonder if it would work if all that their other team bos,,only had an application form,,,hmme catch up soon

have a sunny day laters angel x

Hi Gary

Excellent outcome, I'm really chuffed for you

Mine's been going on for over a year now, and sadly I had that exact same letter some months ago, with the minor exception of the write-off offer

To be honest I found the Halifax quite easy,

I have PPI claim from credit card 1-upheld and wiped out the card + cash over
I have ppi claim from credit card 2-just upheld and waiting for wipe out of card + cash over(this week)
I have ppi claim for old loan-upheld just payed back a tidy sum.
waiting for 2 court claims for charges

I think as PF has said they may be thinking whats the point on this card for cost and legalities and at the end of the day,they are trying to keep there customer reputation,

I have found them to be quite customer aware on most occations,I know many wont agree but if you consider them to Lloyds/crap one etc...this maybe to the fact they are promoting there customer service in commercials to be honest,
I suppose its easy to say the above because I have had so many victorys against them and I know other people are still fighting on, just my opinion
good luck to everyone else

I think they made a clerical error when meting out the aggro, and all yours got passed onto me