Thread: CCA'd, DEFAULTED, TERMINATED. HOUNDED BY BLAIR WITCH

Hi all,
I ran into difficulties and Had to stop paying my IFF credit card amongst the others about 12 months ago. As a result my credit card account was
Defaulted in Jan 09,
Terminated in Feb 09.
also received a letter in May saying account had been ENDED in May 09??
I CCA'd them in Feb, received Agreement,s (yes 2 of them both the same except for the interest rate) in May 09,
Both look like word documents not agreements.
I was then Defaulted in Feb with a DN only allowing 13 days total issued on a Saturday so only 9 days to rectify.
Then Account was Terminated and Blair Witch started on the case,
CAB was helping me and Blair Witch eventually accepted very small monthly payments to the account in May 09.
Now Blair Witch wants a review and increase in payments. usual threats etc. They have now sent me an I&E form to fill in, my questions are:

1/ Do they have a right to see my Income and Expenditure (no income anyway only
benefits at present. they even want me to send proof of I & E.
2/ in view of the fact the DN is defective should I be paying them at all as reading other
threads the advice is that if you talk to them you are accepting that you have
entered into a new contract to pay.

That's it for this post but I will post up the agreements and DN soon.
Your views please.
Jim Pike

Hi silverfox1961
Thanks for your reply.

This is what they sent for the agreement. 8 pages in all, this is the first 2 pages. there is nowhere in the docs for signatures.

This is pages 3 and 4 of the agreement.

Hi silverfox1961

That is just the sort of reply I was hoping to get from the forums, I have read so many threads on here that my head is just clogged up with info that turns sour in my head because I don't really grasp the full context of it. I am afraid I like so many others need it spelling out to me.
No I haven't SAR'd them yet, but I will when I have the spare £10 to do it with.
I am about to post up the Default Notice, in process of scanning them now.
Many Thanks
Jim

This is the Default Notice which I know is Invalid from other posts, but I suppose I still need clarification, no I didn't keep the envelope as I didn't know it was relevant at the time.
cheers
Jim

Yes silverfox1961, That was what I thought posted on the monday so allowing for post times and payment before 31st means only 9 days to rectify.
Jim Pike

I have 2 letters for Termination, the first in Feb saying they have Terminated (BUT to prevent this please ring NOW) so they had not terminated at that time despite stating that they had.
The second letter was a covering letter sent with my agreement, it says that the account was terminated 3 months later on the 6 May.
So based upon all the evidence your honour should I be paying blair witch the fiver a month for the quiet life or should should I let it hit the fan.
Should I even answer Blairs letters, or let them speak on the phone ( yes I do have a line recorder, it's not as good as a truecall but it works and I can download to PC)

Cheers Jim Pike

Brilliant, Thanks silverfox1961

Now that is the thing, what sort of letter would I send them telling them to go forth? or do I wait for them to take the lead.

Many Many Thanks.
Jim

I'm quite happy to wait untill sold to DCA, but do I stop paying Blair witch, or just tell them I am only going to carry on paying what I'm paying now. I could even tell them I am only paying the same untill the arrears are paid off.

Either way it looks like IFF are going to make a loss on this one, From other posts I gather that IFF/Halifax always take every thing to court. Still at my age you have to try new experiences before its too late.

Thanks for all your help.
Jim Pike

Oh!
I did mean to say also, that NO I would not agree to them re-instating my account. Should I respond to the termination letter saying that I accept Termination or something Like that??

Jim Pike

Hi Jim,

Just my opinion but you should stop paying them asap. Whilst you are still paying something they have no need to pass it on to a DCA or do a deal.

Hi the_maverick

Thanks for your reply, the account has been passed to IFF's inhouse DCA (BLAIR OLIVER AND SCOTT) but as of yet I have not been told it is sold in fact Blairs letters say they are collecting for their clients. At what stage would I know it has been sold because I know IFF/Halifax tell porkies and you can't believe what they say. the 2 letters I have regarding Termination confirm that, 1st letter says terminated, 2nd letter says terminated 3 months later, so if I had taken action between those dates and said tough I am not paying any more, They would have said OH ITS NOT TERMINATED YET we were only threatening to do it we will correct the Default Notice.
Just my take on creditors (oh I've got so many it doesn't matter if I fall out with some of them)
Many thanks
Jim Pike

I may be wrong, and someone far more savvy will come along shortly no doubt. But if you hear from a DCA the first thing to do is ask them to prove there claim (even if you know its genuine!)

I believe there is a template here somewhere basically saying "I do not acknowledge your claim, please supply a cca, full statement of account, notice of assignment etc etc...until i am willing to discuss further"

From their reply you should find out who owns it. But you are right, many give the impression they have sold it on but havent. I have read on another thread that if a debt is sold on, the bank marks your file as satisifed, but the DCA puts on there own 'default'. Wonder if anyone else as come across this as mine are not at that stage yet!

Thanks the_maverick and silverfox1961
I will have a look and see if I can find a suitable template letter, I want to try and be prepared. I have so many posts/threads etc stored on my computer that I can't find anything now, I will have to try and do a bit of filing and get them into some sort of order.

Cheers
Jim