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pinky1977

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Everything posted by pinky1977

  1. your welcome halifax did it to my husband took money from bank account to pay their loan left us with 1p got a letter two weeks later informing him what they had done needless to say by then accounts had been closed and new ones opened with a different bank not releated to the ****!!
  2. Hi sorry to be the bearer of bad news but i think your find they can its called right to off set and it was probably in terms and conditions that were signed at some point
  3. hiya halifax wont close your bank account until you have paid them so if your in your over draft i would definatly be transfering my direct debits over to my new account
  4. hiya no problems if you need any help you can always pm me take care x
  5. Hiya something like this should do Dear Sir/Madam Re:− Account/Reference Number This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully
  6. lol will sit back and wait then i will keep the situation updated thanks pinky x
  7. Hi this is exactly how i found cag .tried to reason with halifax to pay reduced payments halifax started adding stupid charges to my hubby for phonecalls taking money out of the bank account they claimed they could do what they wanted because he hadnt paid his cc and loan he apparently signed to accept these charges So after getting nowhere and being pushed pillar to post i requested proof that they could do this via a copy of his credit agreement with ts &cs funny enough that was in december still had nothing apart from an unreadble application form and unreadable loan so if you havent done it i would send them a ca request dont sign the letter and make sure you post it signed for .
  8. I would agree totally i had a similar kind of error they sent me a copy of my loan details but addressed it incorrectly hence it went to the wrong person i wrote to them a while back never got an aplogy
  9. I would personally write them a strong lettter informing them how worried you are that they could possibly send you someone elses personal information of course keep the letter thats evidence of how useless they are !!
  10. yes they stopped getting their money ages ago they dont bother me now i feel like i want to challenge them and if they hav got these so called agreements let me view them at my local brach
  11. no one replied to the bemused letter , halifax sent the rest of the sar and to top it off addressed the envelope incorrectly the sar has a copy of a unreadable credit card application form again!! i sent the halifax a complaint letter regarding the address mix up of course no response just phonecalls what should i do now?
  12. hehee then send them the thanks for the unreadable application form letter pinky
  13. Hiya im quite new to this as well . is it an agreement or application form ? application forms are usually not worth anything
  14. hey no problems take care i will help as much as i can
  15. no problems. dont forget dont sign your letters
  16. yes send everything signed for so if you ever needed to track a letter you can look on royal mail tracking service and prove they have recevied it
  17. Hi again im not an expert but have been dealing with the halifax for a while and they tried to fob me off with some paper work . so this kind of letter mite get you more results so far from them i have a unreadable copy of application form and a unreadable loan agreement with bits missing take care Pinky
  18. Hiya i cant see any pictures of a signed agreement if they havent sent you a copy of your agreement with all the terms and signed by yourselves send them this Dear Sir/Madam Re: Account number: ACCOUNT IN DISPUTE Thank you for sending me what you have confirmed to be a true copy of the credit agreement that exist in relation to this account. As you have sent this document in response to my requests under Section 78 (1) of the Consumer Credit Act 1974, then this statement by you is now binding on you as per section 172 of the Act. The document that you have supplied does not constitute a legally binding regulated agreement between us and is in breach of Section 61 of the Consumer Credit Act 1974 and is therefore unenforceable by virtue of Section 127 of the act.I am aware that Section 127 was repealed in the Consumer Credit Act 2006 but this is not retrospective and applies only to agreements signed after 6th April 2007. I do not and will not acknowledge this alleged debt. Furthermore, I dispute the legality of the debt until such a time as you can produce a satisfactory consumer credit agreement. Furthermore, you are advised that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a properly executed credit agreement is a very clear dispute and therefore the following applies: You may not demand any payment on this account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this account to any third party. You may not register any information in respect of this account with any of the credit reference agencies. You may not issue a default notice related to this account. I also requested that you remove any default registered with any credit reference agencies against this account as you are not permitted to default a disputed account. I further request that you confirm to me in writing that you have complied with my request. Failure do so may result in legal proceedings being taken against you to enforce the removal of this default and at such time you will need to explain why you have issued a default on an account that is not regulated under the consumer credit act. The Data Protection Act Please note: you may also consider this letter 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 you are advised that you are not entitled to refer this account to any third party and this includes but is not limited to any debt collection agency and credit reference agency. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data. I look forward to your reply regarding this matter. Yours faithfully
  19. Hiya are you sure its your original phone ? i say that as i used to work for a tmobile sevice centre and 9 times out of 10 we used to just swap the phone over for a same make refurbished unit , the phones that used to come in for swap sometimes had issues like text messages on their different ring tones or worse barred so they were useless etc the only way to tell if your phones been swapped is to look at the imei on the back of the phone or type into your phone *#06# and compare the imei with the orginal paperwork if its been swapped after such a short period i would advise phoning up your network provider and informing them you expect another new phone and you know its been swapped
  20. Hiya im no expert but requesting your credit agreement will stop them in their tracks and give you a trump card dont forget if you do ask them for it dont sign the letter and send it signed for
  21. update halifax have now passed the debt on to blair oliver scott they stil havent produced an agreement so i sent bos the bemused letter and bos thought they would text this morning asking for hubby to call what do we do now ? just wait till they reply in writing to the bemused letter
  22. hiya yes its amazing these people are in control !! another example of incompetenence last night they phoned i know it was them because i have them in my phone as halifax but they asked for someone else whos name isnt even similar to my husbands how worrying that they phone up and dont even have the correct details
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