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Yani P

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About Yani P

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  1. Had a letter from Restons at the end it stated.. we are aware of your request made persuant to S77/78 of the CCA 1974, we respectfully point out that non-compliance with such a request only renders the account unenforceable until such time that the request has been complied with. It does not mean that the claimant is unable to recover the debt indefinitely. In any event we have been instructed to place the account on hold. Once documentation has been received it will be forwarded to you. Please bear in mind this can take some time.
  2. I dont think I hold any of the original documentation or correspondence. I tried asking Halifax for any copies of account detail and/or correspondence but they could not even locate the account according to the people I spoke to (hence my call to the ICO). I think a sizeable lump of this debt is probably interest as they kept loading it up even when I was in dispute querying the possible frauds. I did report the fraud to the police at the time and have it acknowledged as identity theft by the police (as other accounts were affected as will as DVLA activity). If I submit the statement a few posts up I am happy to add a paragraph about potential fraud on the account and identity theft. Do I need to call out all potential issues in this initial defence? My question is do I do this now as could be SB? If they prove it is not SB (even though I believe it is) could I still then raise the issues with fraud/identity theft in the future? I have submitted - lets see what comes back - I mentioned the fraud/stolen identity as an extra paragraph whilst stressing I firmly believe this to be SB but have not received any documentation in advance of my defence submission.. Thanks to all who have helped here so far - much appreciated and I will be making a donation to this site..
  3. Yes this was certainly my account - I believe I have not had any activity on it for well over 6 years in the first instance. I had my identity stolen and raised concerns on various accounts I held that some of the transactions were fraudulent usage. These concerns were basically ignored. So not challenging that it was my account, more the potential of it being SB and the reasons why there were issues in the first place.
  4. I didnt know whether that would be something for the future (ie if they prove that this isnt SB?) I didnt know if I should put that in as well but can easily add that something like: I also believe that this account is likely to have been subject to some fraudulent usage as I had my identity stolen, and had raised concerns with Halifax that this account may have been subject to fraudulent activity.
  5. All - seriously thanks very much for taking the time to help - much appreciated. I will send the following (cut from above where you have kindly added the various pieces). I guess for now this is all I have to do as pretty blind on next steps without the proof from them of dates of last payments etc etc. I have added an extra line or two from their 31:14 response as they state that the particulars of the claim give enough information. ------------------------------------------------ Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx PARTICULARS a/c number (number listed) Date 12/11/14 ITEM default balance VALUE £xxxx Post Refrl Cr NIL Defence The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. Furthermore, a CCA Requesticon sent on 5/9/17 has still not been responded to. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. In their 31:14 response it suggests that it does not apply to claims made online as no opportunity to attach documents, and they also stated that I would have had all the contract terms and agreement when I opened the account so no reason why they should provide an additional copy. They also state that the Particulars of the Claim (quoted above) contains sufficient information in order for me to understand what the Claim relates to.
  6. sorry there is more under that just looked a little jumbled - PARTICULARS a/c number (number listed) Date 12/11/14 ITEM default balance VALUE £xxxx Post Refrl Cr NIL (I didnt add them to the defence as didnt see that detail in the version I lifted from another thread)
  7. Just one more query. Will that defence statement 2 posts up suffice for entry tomorrow or does it need to contain more detail about my overall defence? Not done one of these before so no idea if it covers all the requirements.
  8. I am well out of my depth here - I was thinking of just writing a plain English response stating that I have had nothing back from the Claimant and still waiting on proof that this debt is not Statute Barred. However, I was trying to find a reply by someone here just using the holding/no paperwork defence. I have added one I found below but have no idea whether the legal references are relevant in my case and if I need to just delete them. It doesnt appear to highlight the issues I am having with finding out when I last made payment on the debt, or that the Halifax have told me they cant give me the detail (and a full disclosure could take 40 days after I contacted the ICO) do I need that level of detail ? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx PARTICULARS a/c number (number listed) Date 12/11/14 ITEM default balance VALUE £xxxx Post Refrl Cr NIL Defence The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. Furthermore, a CCA request sent on 5/9/17 has still not been responded to. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. In their 31:14 response they said that it does not apply to claims made online and they said I would have had all the contract terms and agreement when I opened the account so no reason why they should provide an additional copy.
  9. So im just in the process of entering my defence (as need to get it online before 4pm tomorrow). How must should I write? I have had nothing back from the CCA request at all and the CPR 31:14 was basically palmed off with them saying they dont need to send me anything. I was planning to advise I have received nothing for the CCA?. Then the fact Halifax have not responded to my requests to identify when the last payment was made and this could potentially take 40 days? Do I also detail the stolen identity points and the fact that the Halifax would never acknowledge this had happened? Never been in this position before so want to make sure I give enough detail When you say "so strict proof to provide prevails" is the onus then on me to get that detail?
  10. Just as an update - if you can really call it that... Halifax are now telling me they cannot find my files online and therefore cannot help me (even though I said I would refer to the ICO) they said I would now have to go into a branch who (might) be able to help...really at my wits end here ! I have logged a complaint with the ICO My concern is if nothing happens I have no SB evidence so will then need to decide whether any of my defences actually stand up. Not sure how this works. What are my options? Very very stressed out here But thanks for the info and guidance already given - really useful. Just had the ICO back - apparently they recommend I request full disclosure from the Halifax BUT they have up to 40 days to respond - I do feel that I have a bit of a stacked deck here....
  11. Thanks Still heard nothing back re the CCA request and just got a nothing reply for the 31:14 request (ie we will not send you anything) hopefully the Halifax reply will provide me with all I require.
  12. Hi just an update - gave Halifax one more go this afternoon, actually got someone who (hopefully) will be helpful. Couldnt provide me with the detail I need on the fly but have promised to go and find it and call me back tomorrow - gave me name and direct number so might actually get somewhere. Just as a sanity check - how long do I have time wise to sort this out? Received the original court letter on 26th August but was dated 21st August?
  13. Thats a good point no I havent followed up and called the ICO - that is my first job for Monday!
  14. Hi yes I have tried them 4 times now still nothing. 2 people said whatever is on your credit profile is whatever it is and 2 have said they have no obligation to discuss it with me as they do not own the debt! I would have thought if they wanted to it would be as simple as looking at a screen so very frustrating !
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