update

Well now i have the excitement of 1qor their letters are much more agressive they even think their baliffs and can come to the house and collect the debt personally!!

halifax have sent another copy of an application form which i requested under the cpr , dont they read

Hiya

when i asked to view the orginal agreement in a local branch because it wasnt readable the copy they sent ,halifax didnt reply and ive now got blair on the case threatning court action

hope you get a better response

pinky

subbing with interest

Well

today recevied another court threat from blair this ones the loan ,

so many times ive asked for the copy of the agreement and all they have ever sent is an unreadable agreement with lots of figures missing

yet again dated the 26th may amount due by the 02/06/2009

but of course recevied letter today the 1st of june , are they allowed to do this or is it just done to scare you ? ive kept the envelope and dated todays date on the top.

pinky

Hi Tosh1 & nurse elsa

thankyou for your helpful advice

blair claim they have been instructed by halifax as regards to court action .

halifax and blair have been sent account in dispute letters but it doesnt seem to make any difference

but i will send a cpr and another account in dispute to blair

and keep this updated

pinky1977

bumping again for advice

thankyou x

Thankyou nurse elsa

hopefully someone else can let me know if i should send the cpr request

would i send it to blair or halifax?

bump x

update today

got a letter from blair oliver and scott today notice of intended court action dated the 13th may full balance due by 20/05/09 yes today lol!!

what do i do next? wait till court papers come thru and send a cpr request?

its regarding a credit card they have never sent a agreement only a unreadable application form , they have been sent a sar request and cca request and thats all they have produced

thankyou for your advice x

Hi Chris

sorry i didnt get back to you i havent got a scanner so i cant put the letter up

as regards to blair asking for you to call , DONT DO IT!!!

they want you to call so they can lie to you make you feel bad and make you question yourself, they dont care if the accounts in dispute they just want to make you pay money

my hubby gets a text a day from blair asking him to phone them haaha delete

Pinky

Hi Hammy

is this an unsecured debt?

if it hasnt gone to court they have as much right as me to come and take your belongings!! ie none

personally i would send them a phone harassement letter. they can only call

8am to 9pm monday to friday .saturday 8am till 4pm ,sunday 9am till 2pm

these are ofcom rulings

if they dont have an agreement they are the ones who will look silly in court .personally dont panic

and if the worst comes to it and the judge sees in their favour then you will only have to pay what you can afford

you only send the account in dispute letter again if you dont get the sar within 40 days

i got confused with it all too so i read tons upon tons of posts to understand things better

Hiya

yes your doing it right halifax are just trying to fob you off

send them an account in dispute letter

Dear Sir/Madam

Thank you for your letter dated the xxxxx, 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 the xxxxxxxxxxxI wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On xxx of xxxa member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with my requests

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the xxxxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

These limits have 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

xxxxxxprint not sign xxxx

nothing surprises me with the halifax!! lol read my posts wiv issues regarding my hubbys loan and cc with them

yes just send that letter be prepared to get alot of paperwork junk and most probably no credit agreement

wait 40 days then if you wish send an account in dispute letter or let them stew

take care

pinky

Subject Access Request - Debt & DCA

User Rating: / 12

PoorBest Written by 42man

this it explains it better than myself. i did a sar to try and get a copy of the original agreement this way to no avail

hiya

they dont harass with phonecalls they just like getting their friends blair involved

hiya

under ofts guidelines they are allowed to call between the hours of 8am and 9pm monday to friday

saturday 8am till 4pm sunday 9am until 2pm

they are are aloud to call once a day and if a 3rd party answers 3 times a day. if their is no answer the amount of times is unlimited

these are ofcoms rulings sent to me by halifax to try and cover up how much they called funnily enough they dont call at all now

HIya

does it say aplication form on the heading ?

coz as far as i can tell thats all it is it hasnt got all the prescribed terms , there for unenforcable the rest of the stuff is just blagging quoting sections to look clever

have you sent a sar to them? i did and they could never provide an agreement only application form

Lol you could be right!!!

i cant believe how useless they are

Update today!!

2 letters oh i feel special

1st letter says they dont have to send a copy of the agreement unless they want to legally enforce it?

2nd letter says they dont have to provide a true copy under section 77

but if i want to send a cheque for £10 for a sar i can have it!!!!!!!

funny thing is and they should know ive already done the sar hence how i know the loans totally unreadable

subbing

hey no probs

Im not that up on all of this but theirs so many clever people on here that can give their opinion

update today

nice letter from halifax

apparently under section 77 they do not have to produce a copy with the signature on

so they have sent a copy of agreement with all details on but no signatures or dates.

the funny thing is ive already seen the orginal loan agreement as its unreadable with lines going thru the middle so you cant see the figures and prescribed terms.

i recevied that when i did a subject of access request and again when i did a cca request

what do i do now ignore and wait for blairoliverscott again?

subbing

hiya

we need the full pic of the agreement to see if theirs any prescribed terms