Thread: Help & Advice needed please.

Hello everyone, this is my first post although my husband has been reading these forums for a while now and said you are the ones to answer any questions we have

We both have credit cards that we are finding it harder to pay every month, when we initially got the cards we were both working, my husband full time and me part time.
Never had any problems with payments etc until recently and due to the present climate and ill health my husband and I are out of work.
The Cards are as follows, 1 Capital One card and 1 Halifax card that belong to my husband, the cap1 card is from approx 2001 and the halifax is from 2003, my card is a halifax card from 2003.

The amount owed on the cards are £3500 on the cap1 - and approx £2000 on each of the halifax cards.
The cards are not in default and regular payments have always been paid, but we are really struggling financially.
I have been reading about people asking for copies of the CCA and that a lot of people have found theirs to be unenforcable.
Could someone give us a little help starting the ball rolling with this please.

Thanks

Hi seasidegirl,

First of all you need to get a copy of your agreement, use letter N from the link below,edit to suit and dont frorget to include the £1 fee.

http://www.consumeractiongroup.co.uk...templates.html

Once you have your agreement(if they send one) you will need to work out if it is enforceable(see link below).

http://www.consumeractiongroup.co.uk...nts-guide.html

hope this helps,

Brindles

Thank you, I sent the first letter off yesterday, will report back here when I get a reply, If I do.

Hello again, as of yet I have recieved nothing back from the Halifax, we have now waited 12+2 and also allowed another 2 days due to the postal disputes.
What would be my next step? is it the SAR or must I wait for a reply from the CCA request?

Thanks.

Hi sent the Account in dispute letter on November 5th to the Halifax and have heard nothing from them yet it is noe the 13th December, is there anything else i need to do? thanks

There has been no charges applied to the account the outstanding amount is the same as it was when i started this back in October.

Thank you

Hi, I'm still waiting, not heard anything from Halifax or Moorcroft is this normal?

Thank you if I hear anything i will let you know

Hi, this morning I received a letter from Incasso llp and this is what is said:-

Dear Mrs XXXXXXXX

RE: Halifax PLC

We have been contacted by iQor Recovery Services Ltd in relation to monies owed to Halifax PLC for the sum of £X,XXX.XX

Unless iQor Recovery Services Ltd receive payment within 10 days from the date of this letter, or you contact them with your reasons for withholding payment on telephone number 0845 146 0181 or at:

iQor House
33/34 Winkley Square
Preston
PR1 3EL

It is likely that we will be instructed to pursue legal action against you.

Should we be instructed, we will take whatever action we feel is necessary to protect our clients intrest.

Any legal action will include a claim for additional legal costs and intrest that may accrue.

Yours sincerely

Incasso Solicitors.

This is the first thing we have heard since sending the in in dispute letter to Moorcroft.
It seems they have passed it on, but I thought they could not do this ?

What now?

Thanks.

Also had no response from tha Halifax whatsoever regarding the original signed CCA.

Originally Posted by seasidegirl

Hello everyone, this is my first post although my husband has been reading these forums for a while now and said you are the ones to answer any questions we have

We both have credit cards that we are finding it harder to pay every month, when we initially got the cards we were both working, my husband full time and me part time.
Never had any problems with payments etc until recently and due to the present climate and ill health my husband and I are out of work.
The Cards are as follows, 1 Capital One card and 1 Halifax card that belong to my husband, the cap1 card is from approx 2001 and the halifax is from 2003, my card is a halifax card from 2003.

The amount owed on the cards are £3500 on the cap1 - and approx £2000 on each of the halifax cards.
The cards are not in default and regular payments have always been paid, but we are really struggling financially.
I have been reading about people asking for copies of the CCA and that a lot of people have found theirs to be unenforcable.
Could someone give us a little help starting the ball rolling with this please.

Thanks

Hello there seasidegirl,


Sorry to hear about the ill health in your household, I know how stressful the situation can become.

Your financial crises is obviously factual and genuine, and when you communicate these facts to your creditors they are legally obligated to provide assistance to you.

You say that you feel or suspect that the Credit Agreement/Contract (s)might be unenforceable, so you should send a "Subject access request" under the Data Protection Act to the compliance managers of your creditors, enclosing the £10 Fee and requesting for a copy of all, each and every document that is held by them containing personal data that relates directly to you, they will then have forty (40) days to comply with your rights of access under the said act.

Do you think or feel that your circumstances are going to worsen due to ill health?

Communicate only in writing to your creditors, do not under any circumstances correspond via the telephone.

Have you made any contact with consumer credit councelling services or the national debt help line?

Are you going to attempt to have the debt written off if the contract is indeed unenforceable?

Are you going to attempt to reach a "Full and final Settlement" payment to your creditors?

Good Luck, and please up-date

Kind Regards

The Mould

Thank you for the reply but I think you have only read the first post, we have gone beyond that stage. Please see the post above yours.

Originally Posted by seasidegirl

Hi, this morning I received a letter from Incasso llp and this is what is said:-

Dear Mrs XXXXXXXX

RE: Halifax PLC

We have been contacted by iQor Recovery Services Ltd in relation to monies owed to Halifax PLC for the sum of £X,XXX.XX

Unless iQor Recovery Services Ltd receive payment within 10 days from the date of this letter, or you contact them with your reasons for withholding payment on telephone number 0845 146 0181 or at:

iQor House
33/34 Winkley Square
Preston
PR1 3EL

It is likely that we will be instructed to pursue legal action against you.

Should we be instructed, we will take whatever action we feel is necessary to protect our clients intrest.

Any legal action will include a claim for additional legal costs and intrest that may accrue.

Yours sincerely

Incasso Solicitors.

This is the first thing we have heard since sending the in in dispute letter to Moorcroft.
It seems they have passed it on, but I thought they could not do this ?

What now?

Thanks.

Also had no response from tha Halifax whatsoever regarding the original signed CCA.

Hello again seasidegirl,

Obviously, I'm a bit behind on this one, sorry about that.

Right Incasso LLP are acting for Iqor who are acting for the Halifax.

Firstly they are all pursuing a course of conduct that they all know and ought to know amounts to harassment of another, and they also know that such conduct is against legislation.

These companies are committing an offence under the Protection From Harassment Act 1997, and further to that they are all committing an offence under the Administration of Justice Act 1970 sec 40.

Halifax are maintaining ownership of the debt, is that right.

You are in dispute with Halifax and Halifax are ignoring your dispute, yes or no.

Your personal data is being processed to another third party for a specific purpose, and no notice is being given to you as to the logic involved for the processing of your personal data.

Send a written communication to Halifax (RECORDED POST) addressed to the company secretary, state to Halifax, that if they do not instruct these third party companies to cease pursing you and processing your personal data with imediate effect, then you will, without serving any further notice, apply to the courts for an injunction order under the harassment act in order to bring an end to the harassment their actions are subjecting your household to, as a direct result of Halifax's Non-compliance with the FSA'S dispute handling proceedures, Halifax's Non-compliance with the OFT'S debt collection GUIDELINES, Halifax's Non-compliance with the Third Party Act 1999.

And also, if you claim that the credit agreement is unenforceable, then also state to the Company Secretary that the contract does not comply with the prescribed terms reqiured under the Consumer Credit Act 1974.

State to the Company Secretary, that they are required to cease pursuance of the debt with immediate effect, the contract is unenforceable therefore the processing of your personal data is absolutely unlawful.

Send a written short notice to the DCA'S informing them that you are in dispute with Halifax, and that you expect them to follow legislation and cease pursuance while you seek to resolve your dispute with the Halifax.


I hope this will help, if not please let me know, and I will see if anything else can be done, that letter from Incasso LLP is absolutely false, they have no authority or any right to claim additional cost from you, I have stopped Incasso LLP in their tracks with a major piece of legal action and Incasso absolutely sh't themselves, so don't let them cause you any worry.

I absolutely knocked the living daylights out of Iqor Recovery Services Ltd and they did not recover from the fatal blow and ceased pursuing me with instantaneous effect.

Good Luck, I am here to help if I can.

Kind Regards

The Mould

Thank you, I will write the letters tonight and send them recorded first thing tomorrow.