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Braveheart12

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Everything posted by Braveheart12

  1. Yes thanks...I'll send them proof of my address to meet their sercurity criteria.
  2. Just had my SAR and Postal Order returned as I did not provide them with my signature and my address is different to their records. They has asked for my sig and a utility bill to confirm my address. They are still sending correspondance to my parents address despite me corressponding with them using my current address.
  3. Just opened a lovely yellow envelope labelled Telemessage. Looks like Mercers and Calders have got sick! Barclaycard have now passed the account to Wescot Credit Services to "Commence activity"
  4. Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August! I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance! They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's." Can anyone confirm that this DN is dodgy so to speak! Thanks.
  5. Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August! I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance! They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's." Can anyone confirm that this DN is dodgy so to speak! Thanks.
  6. Just checked my credit file with equifax and have found that both LV and Quapquest have registered defaults on the 12th March. Surely this is unacceptable!
  7. Just had a letter from Cap1 informing me that my account has been returned by Capquest to themselves....and the usual please make a payment.
  8. I have also just included a £10 postal order with my SAR to Halifax. It seems they are trying to pull a fast one! I'll deny payment and point out that the £10 was for my SAR as the letter stated.
  9. What a pack of chancers! I'll right them a letter to point out their error. Although I'm unsure as to why they'd bother doing this to me as they've provided a CCA which I've been told is enforceable by some and not by others.
  10. Thats what I thought they might be trying. I haven't paid since October 2008, so its years away from being SB. However they may be trying to make it seem like I have accepted the debt and that it is no longer in dispute. I placed the account in dispute in March, however since then Halifax have provided a CCA. I am unsure if this means the account is still in dispute?
  11. Just received an update from dlc stating my account is still on hold until Egg can provide them with a copy of my CCA...I wonder why they can provide it as part of my earlier SAR but not for my original request, which led me to dispute the account. Not that I'm complaining!
  12. BOS have sent me a strange letter:confused: They say thankyou for your recent payment! (I have not made any payment and the balance is the same as it was) It goes on to say please make full payment of the remaining balance. Is this some kind of ploy or a genuine mistake?
  13. I have just received a letter from Halifax in response to my letter to BOS as below. I must admit that I am rather bemused as to why this account has been passed to *************, as it is in dispute with the *********** and has been since ********. Not only is this a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and the Data Protection Act 1998 As ************** are now in default of my Consumer Credit 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. As ********* cannot lawfully pursue any enforcement activities on this account, I would respectfully suggest that this account is returned to the ********* for resolution of these defaults and breaches. If *********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. You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **********. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint procedure. I would appreciate your due diligence in this matter. Halifax state that they did not receive my Account Dispute letter which I sent after they failed to provide me with a copy of my CCA in March. This is a blatent lie as I have proof of postage and receipt! The letter then goes on to say..."Despite claiming to give the bank notice that the account is in dispute, you have given no valid reason to dispute the debt. Please note, you have no contractual or statutory right to withhold payment to your account. If your account should go into arrears we will ask you to rectify this default and we reserve our right to notify credit reference agencies accordingly. For the avoidance of doubt the Consumer Credit Act does not prohibit collection activity when an account is in dispute. I can confirm that as per the terms and conditions of your account the bank may transfer all or any of our rights or duties under this agreement to another organisation. If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any person to carry out our rights or duties under this agreement." I am unsure of exactly how to respond to this letter as it is inaccurate, but they did provide me with the CCA after the account went into dispute. Any advice would be greatly appreciated.
  14. So thats a good thing right? How do creditors defend against invalid DN's if they fail to keep evidence of them?
  15. I've just went back through all my correspondance with LV and noticed t a Formal Demand for payment, this letter refer's to a Default Notice which they say I was issued. Its states I did not remedy in the preiod they gave me! I overlooked this as I thought it was just another letter demanding payment. I have filed all coresspondance and have definately not received a DN from them in any shape or form! The lack of DN was my main weapon aganist them! If I was taken to court could the produce a DN even though I did not receive it???
  16. Well thats a start , I'll claim back any unlawfull charges. If they cannot provide a valid CCA I am happy to wait until it becomes stat barred or they commence court proceedings. Maybe I'll go down the CPR route sometime in the future as I become more savvy.
  17. Update: I sent Barclaycard an SAR today and I am hoping this will give me a clearer picture of what, if any CCA they have and any illegal charges they've hit me with.
  18. Thanks DD! BOS are demanding full payment on behalf of Halifax (although they are an house outfit).
  19. Yeah, I'm sure I have recorded and filed all correspondance. Although I have not received a TN the DN states "We will terminate our agreement with you and close your Credit Card Account."
  20. I have not recieved anything stating they have terminated the account yet. I was not sure if they had in effect terminated by passing the account to a DCA. Does this depend on whether or not they have sold it or not?
  21. Thanks Clemma...hopefully I'll receive those missing pages and any other details of charges through my SAR.
  22. I have decided to try and gain further advise and clarifaction on my CCA and Default Notice by continuing my tread in the DCA Forum...see link below. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/211877-halifax-cca-default-notice.html Thanks guys
  23. Can anyone advise me on the CCA and DN from Halifax?
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