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percival

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  1. Still getting hassle from the halifax, they don't say anything at all when I answer the phone, but always ring at 8.15 every sat and sun morning, I was keeping a record but got fed up. Had a reply from a few of my credits barclaycard, coop and halifax, the barclay card and coop just look like ban account applications, not that I'm an expert, however the Halifax do have rates of interest ect.
  2. Halifax are phoning me up to eight times a day, I've put the number in my mobile so I can return the busy tone but, when they call my landline I just tell them I do not divulge personal info over the phone. The last caller 'threatened' that the account would be referred to a credit collection agency, heard it all before, this just reassures me that I have probably paid more in interest and late charges than I actually owe, think I've been paying them for the last 5 years! Are Halifax a member of the Royal Bank of Scotland? I get call from the too, I've had no reply to my two letters requesting a CCA and wondering when is the right time to send a third. I received a copy of a signed credit agreement from the coop bank, shoul have £10 to spare later this week so I can make a SAR request, I'm finding things a bit confusing as the coop put the loan into my current account and are added interest to that. Do I need to - Calculate the interest added to the loan and Calculate the interest added to my current account since they added the loan and turned it into an overdraft (didn't have one on the account til then, also had a zero balance) Then use the penalties as a payment to calculate how much is left to pay, then make them an offer? I'm lucky enough to have started working full time since the end of August, so making it my mission to get all creditors off my back.
  3. not sure where to go from here, sent request for cca's back in July followed by reminders on 13th August, heard nothing. The Halifax are bombarding me with phone calls as late as 7.30 last night and 8am this morning, I've spoken to them twice since then and repeated the same thing "I'm waiting for a reply to my requests and I do not give personal information over the phone" Just been informed that they will phone me first thing tomorrow morning - no rest for the wicked - and charges will be added to my account for the calls and interest. I've just asked the call centre guy to make a note on my account that I want written reply. Where can I go from here? should I get the name of the callers? should I send another reminder?
  4. Just as well I haven't got any savings left! When I got into financial trouble I was advised by debt counciling to use any savings to pay gas, elec, mortgage etc, even sold my wedding and engagement rings!
  5. Didn't get anything back from barclays or cooperative bank, but just had letter threatening action from the Halifax, they also state that if I have a Halifax savings account "we can arrange to transfer the amount directly to you Credit Card!" are banks really at liberty to spend someone's savings for them? I sent reminders for CCA's last week quoting the CCA 1974, UCPD and CPUTR 2008. Bit worried about this new letter with bold red print in the opening paragraph, I'm only in arrears for £137.
  6. in case anyone is interested this is the body of the letter I sent to coop bank and 2 credit cards, thought is was nice and short, read loads of other threads, find great inspiration. Haven't felt this in control for a long time! Dear Sir/Madam, Re: CCA request sent to your office on ##### Please find attached copy of CCA request sent to your offices under the Consumer Credit Act 1974. I am sure that a company such as yourselves are aware of your duties with regard to complying with such a request under the CCA 1974, UCPD and the CPUTR 2008. Please could you advise when you are going to fully comply with my request and give your reasons for the delay. Yours faithfully,
  7. just read this from another thread re sending follow ups to CCA letters --- sitting back and doing nothing , hmm now where have i heard that before:rolleyes: Personally i would not advocate sitting back and doing nowt, not least because many District Judges would frown upon you if you came before the court, and for the avoidance of doubt, stop paying your creditors and dont chase them for the agreement and that is where you will end up what would your arguement be?? " well sir i asked for a copy of the credit agreement and they failed to comply" Judge " but you were paying for months and months then you just stopped?" you " yes because they didnt send me the agreement" Judge " you never sent them a reminder? you never asked them to check to see if the CCA had been sent and lost in the post?" you " no sir" Judge " well its imaterial now, cos they have produced the agreement and i am satisfied it is correct so i am now going to allow judgment and costs etc how good do you feel now?????? i have seen this happen, three times now, with different DJ's and i would never advocate doing nothing, you should atleast chase them up with a "you have failed to comply" letter to show that you are proactive in the dispute to advise otherwise is irresponsible in my opinion, (I've had 2 replies, both collection agencies, it would seem that regulations for these agencies has been renewed in may this year. So maybe they are keener to respond, anyway sending follow-up letters to the my other creditors tomorrow)
  8. things are moving on its now 12 days plus 3 since I sent requests for cca's - had a letter today from equidebt - they are suspending my account, until they are in a position to forward a copy of my cca. After reading other threads I've managed to live with the constant phone calls and kept a log, told the Halifax (royal bank of scotland) that I do not divulge personal details to unsolicited telephone callers! Call centre 'junkie' was stumped! Had a couple of fearful days as I'm no longer in possession of the recorded delivery receipts for the letters, happy that at least one collection agency has acknowledged receipt. Not sure what to do if the others Barclay and Cooperative Bank don't reply.
  9. Been following this thread as I'm in the same position, it's now 23 days plus 3 since I sent my cca requests, downloaded the following from another thread in preparation for non compliance, (equidebt replied today have suspended account till they can 'arrange' for cca to be forwarded to me! anyway hop this helps - adapt as necessary Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated **********, the contents of which are noted I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. All you have sent is a pre-contractual application form, which does not contain the prescribed terms contained within Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). Without production of the said agreement I am unable to asses if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states… 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (2) ……. (3)….…. (4) ……… (4A)…… (5) ……… (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (7) This section does not apply to a non-commercial agreement, and subsections [(4) to (5)] do not apply to a small agreement. Clearly the agreement which was supplied in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement; Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (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. To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced. I will re-iterate that this is clearly not a true copy of the executed agreement between ********* and myself. At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******8 comply fully with my original request or such time as a court makes an enforcement order All entries which refer to missed payments be removed from my credit file All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order In addition, 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 Clearly your pursuance of this debt falls into this category; in addition I must draw your attention to the fact that this debt is under investigation by Mr ******** of ********************** Trading Standards as I have made a complaint as a direct result of **************** failure to comply with the CCA 74 . What I Require. I require that you send me a true copy of the executed agreement and all documents referred to in it as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. No other correspondence will be accepted I trust this out lines the situation Regards
  10. just read info from andyorch, been searching threads for a followup letter for dca's, excellent advice, pity didn't read this before I shredded letter from equidebt forcable entry, court etc. I agree it's really hard not too panic! bit worried about the cca letters, I sent them recorded delivery, but have lost the post office receipts, burglary over the weekend, they were in my purse. Does the sitting and waiting work for banks too? I had a loan from the coop and couldn't pay so they added it to my current account, which I didn't use and had no overdraft on.
  11. Monday was day 12 for the replies from credit companies, do I send SAR to all concerned - and are they committing an offence by not supplying a copy of credit agreement? looked through the threads for a suitable letter. Really strapped for cash now, burgled over the weekend took bank cards and went shopping on my account! I can't even afford to do that! Anyway would appreciate any advice on next step would be appreciated. ta
  12. the CCA is Westcot, paying the 25% is not an option, the offer is for a limited period although this end date is not mentioned. Not sure about the letting agreement, just wondered if having County courts made a difference, after reading your replies, thanks, great help, think I'll send CAG's. Can't do any harm. As I wrote earlier I've got my own stuff going on re CCA's, this is something extra thought I might be able to help a friend at the same time!
  13. Hi This is a thread I started, just wanted more advice I could give to a friend/ Do your mean start another thread?
  14. Hi could anyone help, I've talking to a friend who struggles with money and told her what I was doing to get out of debt. She admitted that she had 2 county court judgements against her, one for an overdraft and one for rent arrears. She had a shop but got into difficulties had a minor breakdown, never opened mail, stayed in bed etc. The collection agency acting for the bank overdraft have offered her a 25% settlement, so I'm pretty sure I can CAG them. The other is for rent on a shop that someone else is now renting, she signed a long lease! and will be paying for this for the next 10 years. Is it worth sending a CAG? thanks
  15. Blimey, looks like you've landed on your feet! £500 is 20% of monies owed. if you read this thread, niklad offered 40% and was turned down, I was contemplating starting at 25%. Although I understand your frustration regarding the phone calls, all day every day! even if you try to hide they have your mobile! Started my own thread 'getting debt free'
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