Thread: A long long time ago

Hiya

My situation is a little bit diff so i hope someone can give me some advice!

I have recently started proceedings against Alliance & Leicester and now it's time to move onto HBOS!!!!

I had an account with Halifax from about 1995 up until 2003 when i finally had enough of the charges and switched banks. Anyway, in the end the charges were being charged for previous charges and it just kept rolling up to over £1000. In the end they closed the account and eventually sent it over to a debt company to recover. Now if i dig out my old roll number and send off a SAR how far back will they send statements for and will they just pay off the Debt company?

Cheers in advance!

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Hi Matt,

Just send the the SAR and wait and see, A frind of mine has just received statements from Amex going back until 1990. As to the DCA, it will again depend. If they sold the debt to the DCA then no they will not pay them. If the DCA is acting for them, then the answer is probably.

Well i think they sold the debt over as the DCA tracked me down and phoned me at my new house last week, it was then that i had the enlightenment to go for excessive bank charges to clear the debt once and for all!!!
Anyway, only one way to find out and that's to post the SAR. Should i mention in it that i want all the statements thay have all do they automatically send all of them anyway?

Cheers

Your not asking for statements your asking for a list of charges. They just choose to send you statements. They will send you as far back as they hold which varies from bank to bank. Hopefully they have sold it on. this happened to me. I reclaimed the charges then offered the DCA 45% of the debt as Full and final settlement which they accepted. This allowed me to settle other debts.

Well lets see what they send, only one way to find out!!! I'll keep you posted on how i get on.

Cheers

Right i now have 3 fights on the go!

A & L, HBOS & cap one.

Anyone fancy a bet on who'll pay out first?

Matt

I found the fax number for the dept that deals with SAR, 01422 394503
I know they are allowed 40 days to send out the info however i can remember the phone calls, hassle and pressure they used to give me!

I'll give t until Friday and then i'll start faxing the request on a daily basis until it arrives, hopefully they'll get so peeved off they'll send the statements early!
Well here's hoping anyway!

..

Matt hi,

another good idea is to do a CCA request on the DCA and find out if they own the debt or are just acting as an agent for the bank, also in the CCA request ask for a copy of the deed of assignment as this will prove it. The CCA request basically just asks for a copy of the original agreement as without this the DCA cannot even ask you for the money. Also in the CCA request to the DCA let them know that the account is in dispute and that way they cannot get a penny out of you until the account is no longer in dispute.

Hope this helped mate

BTW you can find a template in the library for this and it just costs £1

Cheers Progenic

Will do,

Hopefully come Aprill/May i'll have enough money reclaimed to take my son on holiday!!!

Matt

We got statements going back to when the account was opened in 1992. We have just entered Judgment for the charges going back to then and interest at 16% total £14,250. We have no doubt when they wake up and smell the coffee they will apply to have it set aside so I am trying to head them off at the pass by issuing a baliffs warrant tomm

Crickey! That's a lot of money!!

Are you going to split it up into diff claims or go for one big one?

I have already issued it as 1 claim and obtained Judgement by Default. I am due to issue a Baliffs Warrant Tomm just hoping that Halifax havent sent an Application to Court to have the Judgement set aside in the meantime

Just this second had a phone call from the debt recovery company again. I told them that i was in dispute with Halaifax about unlawful bank charges and the guy just replied, "you can only do that a year after they happen" is this their standard line to get you to pay? He also said that i should pay back the debt before the claim goes through.
Mind you he changed his approach when i mentioned i had joined the CAG and he said ok i'll call back in a month or so to see how your getting on!

More rubbish, they will say anything, just ignore them and crack on with your own timetabled action, they told me FSA give them 8 weeks to investigate claims ? Tough really coz I only give 14 days !!

Its nice to know we are all so well known.....

Just a thought......

I've read on other threads that if you write to the DRA and ask for the original CCA they have only 12 days to provide it. If they fail or have lost in then they wipe off the debt.

1: Is this correct?

2: What does CCA stand for?

3: Do you have to send payment requesting this?

Cheers

Matt

This is the letter you would be looking for.
Letter N

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

Thats great thanks!

I'll be surprised if it's still around. I opened the account in the early 90's, defaulted in 2003 then it's since been with a couple of DRA's.

Do you think they'll still have it?

Right
I just had a call from the DRA saying that this was the last chance to pay before it gets passed to their solicitors in manchester. I told the guy that i had sent a letter requesting a copy of my CCA and stating that the original account was in dispute. The guy said that they wouldn't have this and that they don't need to provide it, this is only applied for by the solicitors when it gets passed over.
Now is this correct? I sent off the letter that sea side lady mentioned.