Thankyou for the speedy reply,

your advice makes sense,

Can I deal with Halifax first as they increased my interest rate from 9.5% 4 years ago to (not a special deal) 29.5% 1 year ago

I have been fighting them by letter/phone and not winning

on the 25th January 2009 I sent a letter with the £1 postal order using the 1974 Credit Act details I have seen posted,

as of todays date no reply apart from a Formal Notice stating I am in arrears.

Verbally I have stated that they are in default for not sending a copy of the original agreement,

do I need to put this in writing,and what will be the next step on my part............

......thankyou

Hi,

I'll move this post and yours above to start a new thread in the Halifax Forum.

Regards.

Scott.

thankyou have noted the move of the thread

Hi, firstship.

I take it was a Credit Card,

Regards.

Scott.

hi Maroondevo52....................correct it is a Halifax Credit Card,what should be my next step.....

thanks for the help to date with Halifax....

..the above 2 credit card companies received my letter plus £1 requesting CCA,

letter sent 25th Jan 2009 quoting the 1974 Act and further stating they have 12+2 days

to respond with a signed copy of the original agreement.

Not a response apart from Sainsburys

phoning to state in the near future the account would be handled by Blair Oliver & Scott.

Question

(1) what is my next step as the 12+2 days are well past.

(2)Am I correct in thinking from other threads Sainsbury cannot move the account when they are in default.

(3) Sorry to be a pain can somebody let me see the next template letter to send to these companies....

....At this point in time I have put these 2 Companies on the same thread as the problems are very similar......

.......thanks to all

Send this to Sainsburys.....and the bottom letter to Blair Oliver and Scott (when they write to you) BOS are the internal DCA for Halifax/Bank Of Scotland..

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

---------------------------------------------------

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Hi, firstship.

You could try sending them this............

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

**Edit to suit** send recorded and don't sign it.

Regards.

Scott.

42Man.......thanks very much for the trouble you have gone to will get these letters in the post to Sainsbury and BOS,and keep you informed....thankyou..Firstship

To Maroondevo52..................thanks for the advice will get the letter in the post to Halifax, quick question,..Is it best to stay with Recorded Delivery at this stage?

hi there just a few questions. i have been reading this with interest, can i send something like this to halifax if they have already entered into a default notice?

they issued default notice on 13th feb 2009, says pay the charges of 450 pounds before 14th march 2009, stating

"if the action required by this notice is taken before the date shown no furrther enforcement action will be taken in respect of the breach.

"if you do not take the action required by this notice before the date shown (underlined) then the further action set out below may be taken against you.

then i recieve a letter 21st feb 2009 saying that i have failed to repay the requested amount by the date shown in the notice, they terminated my credit agreement unlawfully? now says no further notices will be given etc.

do i have a case against them for this, have they breached any laws?

btw to the OP, i would definitely sign everything recorded when it comes to a possible legal matter, too easy for the other side to say they've not recieved anything.

Hi....Halifax went into default on the 13th February,I gave them some breathing space,on the 25th February sent,your letter, reminding them they where in default,and listed all the things they cannot do, and that I need a reply,and I reserve the right to contact any regulatory authority I see fit etc: I gave them 7 working days to respond,Ive had 2 phonecalls asking for money,told them they where in default,reply to my letters OR......what is the next step,I am not paying them but am keeping the monies in reserve in case,do I just say as you are in breach of my legal requests and have committed an offence,I consider the account closed as you are unable to supply a copy of the original agreement (signed),or is this a bit heavy handed..WHAT is the next step...........?

Have sent the letters you suggested to Sainsbury and BOS,giving them 7 working days to respond,what is my next step as NO REPLY,is it a letter down the lines of you are in default and have now committed an offence,as you are unable to reply to my legal requests,I consider the account closed,!st letter sent 25th January went into default 13 February,2nd letter sent 25th February giving them 7 working days to reply,NOT sure of the next step,is there a template letter I can use,how do I stand legally...................?....thanks Firstship

Hi, firstship.

What kind of account is it and how old ?

Regards.

Scott.

Scott Hi...this is a credit card account and is at least 5 years old,as you can see from my posting I have had a long running dispute with them over 12 months,they increased my interest rate from (9.5% to 29.5%) during march 2008 and I have written and phoned so many times asking why,and all I get back is a standard reply (market forces and competitor activity),in there last letter NOT a reply to the default situation at all,but they stated they must give me 7 days notice of an interest rate increase,so my reply was I am still waiting for this letter,as they have defaulted and not responded to my 2nd letter regarding the default,what is the next step,what type of letter should i send them.....thanks for your help to date......Firstship....

Hi, firstship.

Are there any charges you could claim, if they were to come up with an agreement ?

I'd give them a bit more time, they are in default and know it, they should write to you shortly.

You could send them something like this........

On (date) I sent you a formal request pursuant to s.78(1) of the Consumer Credit Act 1974, receipt of which you signed for on (date). You have failed to comply within the statutory time limit, or at all.

In the circumstances, s.78(6) applies and you are reminded that any demand for payment is unlawful.

If you are unable to comply fully and properly with my request, I require you to return the fee without delay, and to confirm in writing whether or not you are in possession of the original executed agreement.

Regards.

Scott.

Scott..Thanks..Im not paying them at this point as they dont answer my letters but I can claim charges they have applied over the last 12 months,should they come up with an agreement, I will hold off for another 10 days,in the mean time send them a letter along the lines you have indicated............many thanks for your time, and for your speedy replies........firstship

There isn't much else you can do at this stage, however if you do want to pursue have a read of this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

42man....thanks for your reply,I will wait to see what if any response I get,and proceed from that point.Have read the threads you have indicated and perhaps as a last resort will go down this route.Question.......if I write to the 2 companies concerned stating they have not complied with my legal requests by not responding,or producing the copy of the signed agreement as they are required to do,I consider the account closed and am claiming back charges made etc.....is this a dangerous move.......?

Scott........have had a letter from Halifax,simply stating they are sorry that I still have a dispute with them and my case will passed into a Dispute supervisor and they will reply within the next 4 weeks........delaying tactic,or indication they do not have a signed copy of the original agreement,ANY THOUGHTS....Firstship

Hi,

At least they have acknowledged your letter

I'd give them a bit more time, see what they hit you with next.

Regards.

Scott.

Scott....thanks for the reply....will wait as you suggest....guess at some stage they will refer to the agreement in writing.... thanks keep you in the picture............Firstship

to maroondevo52....Hi Scott.......been very quiet from Halifax until today.had a very threatening Default Notice,had a quick word on the phone and now about to compose a letter along the lines of, they are still in Default by not responding to my original request under the Consumer Credit Act (paid the £1) of January 25th 2009 of a signed copy of the original agreement..I sent your letter telling them the many things they cannot do amongst these sending me a Default Notice,I propose to remind them they are,now breaking the law and I require in writing their proposals to supply the information requested within 14 days after which I will consider the whole matter unenforceable,what do you think,or am I getting a little over the top......regards Firstship

Hi, firstship.

Here's some info on the CCA..........

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

There is a letter you may wish to amend and send............

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data.html

Regards.

Scott.