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Everything posted by Dollydoo

  1. unless you're completely confident or an expert in the field, both of which I'm not - unfortunately even that which is most obvious may need to be pointed out :o What do you think I should do next?
  2. Ok thanks - just needed reassurance. Should I write back to them pointing out the obvious or wait for them to take it further? Thanks again for your help.
  3. In response to my letter (thread 71) the Halifax have come back with "they believe that the information they have supplied me with is sufficient to prove the enforcement of the debt, if i'm still not happy I can refer my concerns to the ombudsman". Would someone mind just looking over my application (which I did sign) that I posted near the begining of the thread just to check again (I'm in need of reassurance cos I think this is going to go to court). Any advice of what I should do next would be very much appreciated. Or should I just wait for them to start the court proceedings and take it from there?
  4. Ok thanks for that. I won't post it til monday now anyway. I do have another worry, where in the halifax letter it said that I acknowledged the debt anyway as I had been making payments - should I say something about that or ignore it?
  5. would someone mind looking over the letter (above) just to make sure it's ok before I send it. let me know if you think amendments are necessary. Thanks.
  6. Thank you for your letter dated 10th March 2008. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request for this information remains outstanding. An unsigned credit agreement like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’ I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law, mere copies of the same documents will not suffice. Therefore I respectfully request that you clarify if you will be complying with my request for a true copy of the executed agreement covering this account, if not I respectfully request that you confirm if you do indeed hold the requested documentation to allow me to assess how best to deal with this dispute. Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. Should you ignore this request you will leave me no option but to make formal complaints to the OFT, FOS and Trading Standards. In addition l cannot rule out the prospect of legal action to prohibit you from processing my data should this attempt to resolve this matter be ignored. If I have not received a response within 14 days of you receiving this letter l will start making my complaints. Please don’t ignore this letter, If you don’t understand it please pass it on to someone who will. I trust this clarifies the situation.
  7. I just scanned thru statements they sent and noticed in 2002 they were charging £20 late payment fees! Whats the best way to deal with this now, another letter? any advice much appreciated
  8. don't think Nationwide use in-house but they do use Moorcroft as their deemed solicitors. I think they use another as well but not sure who!
  9. £12 a time. Also, I only moved to my current address in 2003 which is what is stated at the top of the agreement, surely if this was a copy of the original it would have my previous address. Or could they say it was a renewed agreement because of change of circumstances etc.
  10. I took the card out in Oct 2001 and the only date I can find on the conditions of use is a small code at the foot of the last page TC7.71E (12/00) which I presume is December 2000, they've never sent this before and I've never seen nor signed it. The only doc with my signature is the application. I can't find anything relating to a date on the copy of the agreement. Thanks for your help.
  11. Hi all I've had letter from Halifax saying they enclose copy of my agreement which includes "signed agreement and application" along with current terms and conditions and they also enclose statements from start date to present. goes on to say that as they have supplied statements from opening and to date they have not received correspondence from me to dispute any of the transactions that have been added to the account and indeed I have acknowledged the debt by making the repayments. Then they refer me to deal with Blair Oliver Scot who have frozen interest etc to help me with repayments. In actual fact all they have sent is the same original application (which I posted at beginning of thread). Copies of separate credit card agreement which I have not signed and there is no space for a signature anyway and also copies of another separate document "conditions of use". the credit card agreement is about 8 pages long and has my current address where it states between parties Halifax myself. The only section asking for a signature on this doc is where it asks if you want repayments cover - no signature there but they still charged me each month! Where do I go from here, any help please. sorry this is a bit long winded too many pages to scan, but will do if you need me to. Help and advice much appreciated. Thanks
  12. Hi, I re-sent the letter and got yet another letter from Halifax saying my complaint was being looked into etc. Today, I receive another letter from BOS "Notice of intended court action" and demanding payment. Should I keep re-sending the "bemused" letter or ignore it and wait for the court action? As yet I haven't made any formal complaints in writing to other bodies - Trading Standards never replied to my telephone call, who is the best one to complain to about BOS keep demanding payment? Thanks
  13. Have received yet another letter from BOS demanding immediate action from me, so I guess another letter is needed anyone have any good ones I could send to remind them that they don't understand "account in dispute" or something, I know they received the last letter because of the recorded delivery! Do they do this deliberately to wind people up?! Thanks for all your help and advice!
  14. Letter went recorded this morning! Thanks everyone, will keep posted.
  15. Hi everyone. I sent Pt's letter advising Halifax that debt was unenforceable at begining of Jan and I've just received a letter from Blair Oliver etc. stating that they're pro dca instructed by Halifax to collect the debt and should make payment now or court action may be taken. Can someone advise me on my next step please - very much appreciated! Thanks
  16. Thanks. But before I send the letter, (and i'm not questioning either of you!) but for peace of mind because I don't understand these things like you do:confused: I'd just like to clarify that the fact that I have signed the app. and that the interest rate is referred to on the back of it, the doc is still not adhering to the prescribed terms. Thanks again
  17. Thanks for that bit of good news, I'm not usually that lucky ! So if it's unenforceable do I write back to them stating the obvious and are there any templates I could use? Thanks again.
  18. I've just received a copy of my application, can someone take a look please and let me know if it's fully executed doc etc. Thanks and have a nice Crimbo!! http://i118.photobucket.com/albums/o109/Robscoobydoo/halifax/halifaxappfront.jpg http://i118.photobucket.com/albums/o109/Robscoobydoo/halifax/halifaxappback.jpg
  19. I've still not heard from TS so i'll be contacting them today - CD said they should be in-touch with me within 4 days! Anyway I have today received from Halifax a bunch of summarised statements, dating back six years, but not all are present. their letter only says "I refer to your recent communication and enclose a copy of your statements. I hope this meets with your requirements". Are they really that thick or is it me? I asked for a copy of cca which they still haven't supplied. Would it be wise for me to send a polite reminder or just ignore Halifax now and let TS deal with them?
  20. thanks. I'll wait for their call, see what they say and keep posting!
  21. she's been paying varying amounts up til about 5 weeks ago since then she's not paid. bailiffs coming round door for other debts so she's been paying them instead!
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