Hi Chris i got that letter word for word from halifax took two months for customer relations to write back. and when they did they disputed everything in a very rude two page long letter. pinky

Call me crazy but why would you want to send a phone thats under a week old to a repair centre i worked for a one2one service centre . my fear is if they go down that route then the chances of them getting their orginal phone back are slim as they usually get swapped for a refurbished unit which has newer software on it

Hiya i think you need to post up a copy of this agreement is it an agreement or application form? does it have all the prescribed terms pinky

Hiya im my past i worked for a phone shop if the phone has known faults ie big software issues then any good company especially as big as orange will know the faults and should at least give you credit note dont allow them to send the unit away unless they can guarantee that you will get your phone back and not a refurbished one. if they have the facilites to flash a software update that should sort it

Hiya i just realised you sent this before as far as im aware thats all that can be done just send every debt cretin that comes after you regarding this account the bemused letter

Hiya send them this ammend to suit ACCOUNT IN DISPUTE Your Reference: Client reference: Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***** and has been since Date 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 As Halifax is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 Halifax for resolution of these defaults and breaches, as Halifax cannot lawfully pursue any enforcement activities. If Halifax 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. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully

Personally i would of phoned up trading standards surely this item isnt fit for purpose especially as its new!!!

Hi JBARNSIE i hope you are well ok as with regards to our friends i wouldnt panic wait for them to reply and we can go from there. but dont hold your breath my hubbys been fobbed off since december and had the joy of blair oliver & scott to add to the mix!!!! take care pinky

Hiya if you sent your letter signed for have you checked on royal mails website to see if it has been recevied? if it has you could either hold tight and wait or send an account in dispute letter

subbing

hiya if you sent them the dispute letter and they havent responded then the account is still in dispute until they produce an enforcable agreement hang on in there

obtw apparently unenforceable as theres no prescribed terms

hey kawaka ive been thru tons of halifax posts and someone has the same application form as us they were advised to send this send haliprats this,,Amend to suit Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client 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 I respectfully request a response to this letter in 14 days take care pinky

subbing

Thankyou cuidad im just hoping someone can let kawaka and myself know if the above agreement they have posted is enforcable it appears to be an application form but just needed an experts opinion and also how to respond to halifax about it

bump anyone

bumpy

hiya well hopefully some one will be along soon to let us know what they think pinky

hiya Kawaka any news if its enforcable? i got the same one today which they have sent several times claimimg its enough and all they need to send pinky

i would say they are faulty and your entilted to a refund up to 6 months after purchase

your welcome lee i cant take credit for the letter some kind person on here gave it to me last year dont forget dont sign the letter and send the letter recorded/signed for so you can prove with tracking its got to them

a debt collector may not reveal the reason for the call to your supervisor or any co-workers. If he does, he has violated the Fair Debt Collection Practices Act and you might have the right to sue him. send them the letter i posted and add this aswell if you want to

i think their breaking the rules concerning your privacy and leaving a message on a works answerphone shows their trying to embarass you

your welcome take care pinky x

hi send them this letter recorded, and print name on letter dont bother answering their calls their only try and scare you Dear Sir / Madam, Re accounts ref I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me. To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped. This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made. Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Communicate in writing and ONLY in writing. Your telephone calls will not be answered. HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES. I trust I have made myself understood on this matter. Yours,