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IND - claim form for halifax card debt***Claim Dismissed & Costs awarded***


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Hi all

 

Just need a clarification around the statutory time limit for responding to a S77/78 CCA Request.

 

Halifax have been chasing for a couple of years on an alleged credit card debt.

 

In the last 2 years this has bounced backwards and forwards between them and Blair Oliver and Scott and is now with our old friends Moorcroft.

 

Moorcroft have sent a fair few of their automated threatograms, from their "Pre-Court Division" and now from their "Home Collections Division".

I have responded to that with a "you do not have my permission to send anybody round" plus a S78 CCA request.

 

The CCA request was dated Monday (4th January) and posted by SD the same day.

Due to the weather it was not delivered until this morning.

(I am getting my money back from the Post Office!).

 

my question is

when does the clock start ticking and for how long?

 

Is it 12 calendar or 12 working days?

And from when?

Monday when it was posted or today when they got it?

 

Thanks

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The + 2 days is to allow for service by post where service is deemed to take place on the second working day after posting (CPR 6.26)

- in this case we know when service took place

(I've got the Track and Trace confirmation that it has been delivered)

the +2 days can be ignored.

 

 

My question was

whether it is calendar or working days that are to be allowed, and this has been answered.

 

In any event, they've got until Tuesday 26th Jan to respond.

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  • 3 weeks later...
  • 2 weeks later...

After over a month (well outside the 12+2 days) I have received the attached.

Its obvously taken them a while to reconstruct it!

 

On first glance it appears to be part of an application form, contains no prescribed terms and does not include all the terms and conditions.

 

Anybody have any thoughts as to whether they have complied or not and as to the reply that should be sent?

 

NB - the white bits on the third page are where personal info from the front page has shown up on the scan.

CCA Response.pdf

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12 working days from the date of receipt

 

its 12+2 days.
I really wish people would read the posts properly before attempting to correct, it is 12 days from receipt (the two days is to allow for the receipt)

 

After over a month (well outside the 12+2 days) I have received the attached. Its obvously taken them a while to reconstruct it!

 

On first glance it appears to be part of an application form, contains no prescribed terms and does not include all the terms and conditions.

 

Anybody have any thoughts as to whether they have complied or not and as to the reply that should be sent?

 

NB - the white bits on the third page are where personal info from the front page has shown up on the scan.

 

I would say it isn't enforceable, not all of the prescribed terms are present (right to cancel anyone?)

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  • 3 years later...

After three years of silence things have now moved on to a letter from IND, who claim to have had the alleged debt assigned on 7 July 2011.

 

I have dug out the file and the account has been in dispute since 13th February 2010 (see above) - aside from that I have further grounds for defence which, knowing that IND has its trolls on here, I'm not going to discuss at the moment.

 

Advice on proceeding would be appreciated - not proposing at the moment to do anything other than sit tight and wait.

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Hi all, I previously had a thread running about dealings with Moorcraft over an alleged debt with Halifax. http://www.consumeractiongroup.co.uk/forum/showthread.php?241155-HBOS-Moorcroft-CCA-request-sent

 

After three years of silence things have now moved on to a letter from IND, who claim to have had the alleged debt assigned on 7 July 2011. (I've never had a notice of assignment from anybody!)

 

I have dug out the file and the account has been in dispute since January 2010 (see above) - aside from that I have further grounds for defence which, knowing that IND has its trolls on here, I'm not going to discuss in detail at the moment.

 

Advice on proceeding would be appreciated - not proposing at the moment to do anything other than sit tight and wait.

 

Have sent the attached as a response to the LBA so they can't accuse me of ignoring it under Para 4 of the Practice Direction - Pre-Action Conduct.

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Hi Peter I trust you are well.

 

Have they not made contact or issued a annual or mthly Statement or a Notice of Arrears or even asked for payment in 20 months of ownership? I assume the answer will be no:roll:

 

Regards

 

Andy

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have you moved since the credit was taken out?

 

if you have.

watch IND very closely......

 

they are renound for purposely taking out a claim against your old addreess

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have you moved since the credit was taken out?

 

if you have.

watch IND very closely......

 

they are renound for purposely taking out a claim against your old addreess

 

dx

 

Hmmm.... isn't that abuse of process?

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Just send them a copy of your section 78 request Peter and a copy of the delivery......respond when you are ready don't worry about their 7 days...did they write to you 7 days before issuing the claim??????

 

NB.Make sure no signatures are on it.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 5 months later...

I cant believe that letter.. arrogant sods..!!

 

They should ensure that any purchase was free from dispute before purchasing.

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  • 1 month later...
Just send them a copy of your section 78 request Peter and a copy of the delivery......respond when you are ready don't worry about their 7 days...did they write to you 7 days before issuing the claim??????

NB.Make sure no signatures are on it

Regards

Andy





hi guys, sorry to interfere but i read in many posts not to sign this kind of communication, but just print your name.
Can you tell me why?
I've kind of lost sleep over it and google was of no help.
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Just send them a copy of your section 78 request Peter and a copy of the delivery...

...respond when you are ready don't worry about their 7 days..

.did they write to you 7 days before issuing the claim??????

 

NB.Make sure no signatures are on it

 

Regards

 

Andy

 

hi guys, sorry to interfere but i read in many posts not to sign this kind of communication,

but just print your name.

Can you tell me why?

I've kind of lost sleep over it and google was of no help.

Thanks

 

so that they can't scan your signature and forge any document using the scan...

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