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harrythehawk

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Posts posted by harrythehawk

  1. Deffo CCA, will cost them to print off the standard response to it and postage (best to keep them busy), they have gone away since I sent one and unfortunately they appear to have commited a criminal offence as it was so long ago ...... and haven't returned my £1 ........ such is life

  2. For what it is worth I have tried the Police a couple of times and they didn't do anything. Apart from your own letter writing the two most effective third parties I have used are Trading Standards (I realise effectiveness depends on what area you are in) and also my MP. He was an absolute hero, and copied me in on his letters to them which were just superb and certainly did the trick, restored my faith in politicians ..... well locally anyway !!

  3. Got some catching up to do here against these impressive tally sheets !! So far have been light skirmishes fought and won with Legal & Trade, Intrum Justia (or whatever they are called), 1st Credit (told literally to [edit] off), NDR, MHA/Moorhouse (the Lloyds thingy one, still not sure what they are called) and probably BOS judging by the quietness and a couple I can't even rememeber who went after one letter ..... have got off quite lightly so far ..... maybe my reputation goes before me !! grrrrrrrrrrrrrr !!!

  4. Try West Yorkshire Trading Standards they would be interested and do have a "hot line contact" there, however Halifax are very arrogant and ignore regulation and TS, also their CEO endorses blatant law breaking (I have that in writing) as far as the various bits of legislation on nuisance calls/harrassment are concerned, be ready for a battle and more stupidity from them as it won't stop overnight but do read up on the site for plans/tactics on this type of thing, lots of information, above all ...... DON'T TALK TO THEM - KEEP IT IN WRITING

  5. I don't know if they are supposed to, certainly they are not supposed to chase for payment whilst a balance is in dispute. On all of the different accounts I have dealt with interest has continued and indeed is continuing, obviously I will take this into account if and when I deal with them as they can't enforce the debt no matter how much interest they pile on, this is why the question of the existence of a properly executed CCA is so important.

  6. Don't forget to remind them for your CCA too, they seem to be conveniently forgetting this, you are right that they won't read your letter, or will at least ignore it, so why waste the ink or your time, you have done as much as you can ?? I think their reponse is to keep pushing you and they know this. So, why not push them on the CCA request instead, this is the key to you getting control of this situation and establishing how far they can actually go with this ie not to court.

  7. If you know that Studio don't have the CCA then try this tried and tested letter to the solicitors.

     

    Dear Solicitors

     

    I refer to your letter of xxxxxxx, which was received xxxx.

     

    Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); sent and acknowledged by xxxxxx on xxxxxx. I can only assume therefore that they failed to inform you.

     

    Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

     

    Yours sincerely,

     

     

    Now Studio didn't have my CCA and have sodded off along with all the other catalogues. Curlyben devised this letter and must say it is one of my all time favourites ...... enjoy

  8. Yes, ironically it was because of Legal & Trade I found the site, it was right at the start of this nightmare when I was terrified after a shock discovery of how bad my finances were / home due to be repossessed (my OH hid everything from me) and I was on the verge of agreeing paying them off £600 from a £800 balance after speaking to them about the red letters they had sent where I believed every word about bailiffs, court etc OMG ...... then I Googled Legal & Trade and it brought me here ............. talk about enlightenment ...... life certainly changed after that and I spent hours and hours on here ...... practically saved me in the end, top site CAG :)

  9. Yep, I had the same dilemma with Legal & Trade where my wife was paying them until I got control of things and found this site....... then it stopped, they didn't like it but using the advice on here they went away without another penny ...... like you I felt a bit cheated but decided to put it down to experience, lesson learned which I have as I have not paid any other similar creatures anything and they have also gone away !!!

  10. I am sure that the OFT Debt Collection Guidelines will not allow them to pursue your wife if she is in hospital, however don't ever ring these people, always get/put everything in writing and certainly put these facts about the current situation in writing to them and tell them she will be in touch (in writing) when she is well enough to do so. I hope by their stupid suggestion to you they have shown you just what lowlifes these people are hence don't ever waste precious breath on them.

  11. I have wondered about the knowledge thing and maybe if you are marked on their records as being "difficult" ? I guess if they have a choice of calling a well informed CAGer or an easy innocent old lady then I know what they will go for !! I am sure there notes would make interesting reading, I SARd Legal & Trade once upon a time, my wife had pandered to them and paid them money rather than our mortgage until I found out and took over, their notes referred to calls made and suddenly I was known as "rude man answered" ....... tell you what .... I wear that particular badge with pride !!!

  12. Yes, it seems quite rare Halifax do this, certainly they refused to do this for me. However, I think this example shows the sheer greed and unwillingness to help on a problem balance which from the interest they are hammering you with I am guessing is fairly large amount, what is the point of adding interest in a situation like this ?? What the hell is it going to actually achieve, the stupid ignorant heartless idiots. Also, why send it to BOS ...... they are Halifax in house collectors ?? Again, what exactly will this do to help recover any money or solve the problem ? All I can think is that they won't have the correct CCA here and maybe cranking up the pressure, hence the calls, to see if you crack, I would keep pursuing this with them ..... you may get in control here. As for the calls I have tried everything, the upshot was despite pointing out to the CEO that they were breaking the law he put in writing to me he would not stop them calling ...... so there you have it, the arrogance starts from the top, this is why I have absolutely no respect or time for this shower. So time to toughen up and be ready to battle, but you will win !!

  13. I could justify this in interest alone, which although known at the start that it is extortionate when accounts get into this kind of state and people are in difficulties failure to freeze or stop it is madness and not very fair, considering the interest racked up over the years ..... bit like kicking a guy when he is already on the floor ...... which I know is the best time to kick him as he can't kick you back ..... ah I see where they are coming from now !!

  14. No, standard rubbish, if it satisifies them they have complied with your CCA request then good for them ...... it doesn't comply, they are trying to convince you they are right and making up their own laws ..... don't be fooled or worried. The only bit of truth is that yes they can register a default, whilst the debt cannot be enforced in court, they can still mark your records with the credit agencies and this will be difficult to shift easily. So well done, you are in control, time to check those charges.

  15. Hi Sussex1, Halifax are a very stubborn arrogant and difficult organisation to deal with and your situation is very similar to mine. In your SAR did you request statements or other information ? If you haven't received what you asked for then chase it up with them. As for accounts being frozen and no interest then expect nothing, on this they advise they can't which actually means they won't (there is a difference). Certainly, I simply stopped paying them anything whilst in dispute and over a year later and after claiming back charges and PPI and having received no true copy of the CCA I am now at the stage of FFS offer, for which I have deducted all the interest since I first requested it to be stopped and other charges to leave a fair and correct balance. As the account has not been used at all during this period. The irony is that if they had have been nice about things and frozen interest and allowed me to continue paying the amount I was then the balance would already be zero by now, but no, had to be nasty and piling up the charges. So beware of Howard's smiley face and his daft songs, what lurks beneath is something very dark indeed, your in for a battle but use the site and read up on what you are doing and post on here if you need help, also keep it all in writing and don't speak to them. I used to speak to them and requested a transcript of a call from a particularly obnoxious little runt who was allegedly a manager ...... lost the tape, not available ...... won't make that mistake again !!! Good luck with your quest.

  16. Sorry to say they play dumb with the old "we have to ask for the card holder" routine, it is all part of the game and will ignore any instructions (including their own assignment form) ...... I know it is very very annoying so don't play the game. I had similar problems with Lloyds, I got Trading Standards and my MP to help in getting them to see the error of their ways, now nothing although they set 1st Cretin on me a month or two ago ....... soon told them literally to f*** off ..... which they duly did !!

  17. Yes, also any letter that says they "may" do something means they probably won't. They have to put the word "may" so it is not seen as a direct misleading threat which breaches OFT Guidelines ie as opposed to we "will" do this which implies they actually can. Having said that there is nothing stopping them going to court so always beware, however remotely, that there is the tiny miniscule chance you may have to defend using no enforceable CCA as a defence but they would have to be very stupid to even try this and they will know it.

  18. Yes this is the way to go, depending on what comes back will establish your position and help you decide how you deal with them going forward in what you want to achieve. All I would say is keep your correspondence and records in order as your printer and postman might get busy !!

  19. Level of abuse is however you feel I guess, although generally on here it is suggested, wisely, not to lower to that level, however we all have those moments. I answered the phone to first credit a few weeks back and was in no mood to play the "is Mrs Hawk there?" game so after telling smarmy man no she won't speak to you and the inevitible "why is that ?" I answered repetively f*** off ..... which he did. Again, not my usual tact as I am generally quite cool and calm when phone calls do come through but for medical reasons speaking is real difficult right now and even pronouning the F word is hard so I guess it did sound comical in a way !! ........ however, it seems to have done the trick as they haven't rung again ...... perhaps I need to mention that I do have written evidence of no CCA where they are concerned hence my abuse not affecting my situation and also 1st Credit don't read letters which annoyed me anyway why they were calling. Won't try this again but I have been told on here there is no law which requires you to be civil to people on the phone .... assuming you don't make the call yourself in which case I think you might be in trouble.

  20. Comes with the territory I'm afraid, just keep writing and recording the calls, you have done all you can but it is a familiar story in that the law and regulation means nothing unless it suits them and the arrogance, ignorance and apparent lack of organisation is deliberately orchestrated like you say to get to you and for you to give in, just try and be strong. Check around on here for threads on dealing with calls, there alot of tactics and methods, some are quite amusing, at the moment I am using an excellent east european accent with BOS and not understanding them and continually asking them to "repeat please".

  21. These all look pretty standard replies, just let them keep looking and see what they send which will more than likely be a blank form "you would have received at the time". The only specific comment is the Studio response which is laughable really in that they imply it is your responsibility to keep this document, utter rubbish, they have to keep a copy (which they won't have and have more or less said that) and supply it to you in accordance with the Act when you request it, there is no requirement for you to produce this document for them ..... which would be difficult as it doesn't exist. So sit tight and wait and then when they are in default relax a bit more, however be prepared for further nonsense from them.

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