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Posts posted by harrythehawk

  1. Sorry to drag this up again, can't believe it is nearly a year now !! Anyway, I was reading another thread where a CAGer is being taken to court on a similar "application form" after involvement by BOS. I have just heard from them and assume this may end up in the same way, however I do have it in writing that this copy is my "Application Form" and I have been provided with a copy of a full blank Consumer Credit Act Agreement and the Terms & Conditions that would have applied at the time. Now these run into several pages and certainly are far more extensive than what is on the Application Form. As my copy is unreadable in parts anyway owing to poor copying I am still hoping that coupled with their continual reference to application form I am going to be able to defend this successfully if I do get to court ? Balance is around £2kish and I haven't paid a bean for well over a year. Looks like a default notice was issued last June, however the interest and charges have still been going on, I am not altogether sure of the implications of the default as this was issued whilst the account was in dispute re CCA and charges. Lastly, amazingly, amongst the scraps of paper my wife did keep is the Credit Card Agreement issued with the last card she was sent in 2006, again this isn't signed at all ?? Will keep you posted

  2. It is ridiculous the way they behave, despite everything that has happened to me (wife run up several credit cards, huge loan, remortgaged house, all behind my back, was a week from going to court for repossession ... which is when I found out about everything) I did slightly regret cutting up all of my wifes credit cards and not keeping one going as particularly getting stuff online with my Maestro Bank Card was sometimes difficult and I had to keep using my fathers visa which was a pain. Anyway, as I was going abroad too I thought I would chance my arm online with a firm neither of us has ever had dealings with just expecting rejection ..... week later have card with £200 limit. Have used it for a few bits and pieces and paid it off in full every month as you should (unlike wifey), a few months later without asking I have another £2k added to the limit automatically ..... I need to ring IF I don't want it !! ....... and they wonder why they are in the mess they are in ????

  3. Hmmm I have just had the first letter from them after a lengthy campaign with Halifax, sent off my CCA straight away knowing full well what Halifax haven't got. As for the CEO, I complained about Halifax calling me when I had expressly asked for contact to be made in writing, pointed out all the laws on telecoms etc ....... wrote back and said it was perfectly acceptable on this account so HE would not stop his company calling !! So, my thoughts were proven correct the "we are above the law and god" attitude starts from the top !! After this letter I haven't written back and neither have they ....until this BOS shower got in touch ..... well at least I know what is going to happen or rather not happen !!

  4. My Co-Op situation is the same, old NR Account and just the application form, not paid anything for over a year, got a letter back in September advising they are sorry it isn't what I was expecting but look forward to hearing from me about what I am going to do next. Well since then I have done nothing but still get the computerised statements each month with charges and interest on with note that the situation is serious, apart from that they have not pursued me in any way and we are talking over £10k ...... we shall see

  5. Don't worry, I am in the same boat and just waiting for any action, in the meantime saving my pennies for the day of reckoning, unless they come up with anything in the meantime. Think of it this way, if it was you who was owed the money would you not just go to court to get it if you had proof it was owed ?? This scared me 18 months ago when I started this epic adventure and I thought that was where I would end up, however a number of CCA letters later and over a year since I paid anybody anything and despite a few empty DCA threats I have been nowehere near court, we are talking amounts from around £1k to well over £10k here. So, whilst not written off I am in control which is good enough for now and getting a monthly statement with numbers on it is all I get if anything. Sit back and enjoy, looks like the current storm may be over for you.

  6. I have had dealings with Lloyds over an old Credit card for which they don't have a CCA Agreement (I have this in writing yay !!) and the chances are if this account is of any age then they won't have one for you. It is up to you what you do then, however it does strengthen your hand in settling and dealing with the account, so if you intend paying up and want to claim back the charges then do so or if you want to go down the FFS route then again your position is good. For me I have sat back for now until I am in a position to deal with this and can take the credit score (mine is knacked anyway), haven't paid anything for well over a year although they did set 1st Credit on me recently, had some fun messing them around and then told them and their "solicitors" where to go.

  7. Yes, the CCA situation may change your whole approach if they don't have one and certainly some of the names on there I would be very surprised if you do get one from them in the prescribed form. If they don't have them this does give you the upper hand on how and when you deal with this and more importantly you will be in control of the situation. However, do be prepared for a rough ride, they will try and tell you anything to get you to pay or provide incorrect documentaion and convince you that is all they need to comply with the act, as you will find this isn't the case. From there it may be worth looking at the balances and any charges you can reclaim from them, the catalogues particularly for Studio and Littlewoods I have successfully reclaimed from and also stopped paying after CCA action.

  8. I think this is a Co-Op tactic, back in my reasonable days they lost/couldn't find a letter and cheque I sent and started getting nasty, low and behold it did eventually surface a few weeks later, however things were twisted around my "non- payment" which made me see exactly what they are like and I wouldn't trust them as far as I could throw them. Now I am sure they regret it as I have paid them exactly nothing for over a year now I am being totally unreasonable, although justified as they don't have a CCA. A good tip though for letters to be signed for or opened is to mark the envelope in big letters "Payment Enclosed" (obviously don't enlcose one) however there is a better chance of a signiature if they think they are getting some cash, no doubt they will be disappointed when there isn't any but lifes a bitch eh ?

  9. Yep CCA them, they do threaten everything but if you are on the ball you can deal with them. I CCAd them knowing full well that this doesn't exisit (I have this in writing) and they sent a letter from their solicitors saying they would start legal proceedings in 14 days, I wrote back and said go on then please do so as I would love to have the chance to tell the judge about the offences they have comitted, weeks later no court action however they have now sent a letter offering a discount for full and final settlement and to ring them for full details ...... yeah right ..... best advice as above is don't talk on the phone, keep it all in writing. Good luck !!!

  10. Typical Halifax and bank behaviour last week from a story my dad told me last week when he went to the local Halifax to bank some of his saved up change. So, little old guy goes in to a branch with nobody at all in the queue, three windows open, plonks about £10 in counted up and bagged bits on the counter ..... "sorry, can only accept £5 at a time". Fair enough he says, take £5 which they weigh etc and bank, still nobody else in the whole branch. Then he says now can you bank this £5 ........ "errrrr I am not sure ...... I think it is £5 per person" ...... he says "well you just said per transaction or at a time so this is another transaction ??" "or shall I go to the next window given this enormous queue I am holding up". Mini conference takes place behind the protective glass, "we are sorry we can't take it, it is per day", "surely you are having a laugh" ...... "no".


    Well for goodness sake, what would the harm of been there ..... not like they had anything better to do or were massively busy or it was a ridiculous amount to deal with ............ I just cannot do with them ...... those smiley rubbish adverts in their stupid suits that can't even sort out a simple task for a harmless old codger ..... computer says no ..... or in this case the brainwashed human beings ....... rant over.

  11. Can only say you need to be tough with Halifax, as you have already found they won't help (ie they can but won't, there is a difference) and in my experience they believe they are above the laws of this land and everybody has to do what they say ..... this is not the case. Please, please, please go for the CCA request to start with, it is important in how you deal with them that you know for sure if they have this or not, if this account has any kind of long age to it they won't have one and do expect every dirty trick in the book from them to convince you that they do not need to supply this in the correct form as laid down by the Act. This will put you firmly in the driving seat, check out mine and other threads for the saga, basically my situation is that I have CCA'd, they haven't delivered and never will, haven't paid a penny to them in over a year, never been anywhere near court. When I decide it is the time and they can deal with me fairly and in a way acceptable to myself and within the law I will eventually sort this out on my terms, until then they know and I know they don't get anywhere without the CCA. Also, remember the credit crunch is hitting them too so you will be in for a rough ride, however this doesn't alter the CCA situation and if you have that in the back pocket it really does strengthen your position .... and they will know it. Good luck !!!!

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  12. Hmmmm interesting, thanks guys. Think I will have to ponder and read through some more threads on here, I did post up the application form on here last year and yes it is unenforceable (dates back to 1990s), they have sent an exact copy of this again with additional pages "which would have been the terms and conditions at the time" ie not included in the agreement document and also it says "application form at the top" and the fact I haven't paid anything to Halifax for more than a year without any action in court or indeed a DCA being involved, just Halifax being annoying but not serious, I am sure I have control here. Still I have 4 months to make my mind up what to do next given this was the time it took them to come back to me, I am guessing this has to be acceptable !!

  13. OK, have a real long running dispute with Halifax and left them with alot of complaints and queries including the failure to provide a fully executed CCA, which they only have an application form. Without asking, for hassle and grief with my complaint (has taken over four months to sort out) they have amazingly offered me compensation of £350 off the balance, what does this say eh ??, here is where my dilemma starts. I have paid nothing on this card for a year now and start all my letters "without prejudice/don't acknowledge debt etc" and I don't agree with the partially upheld complaint, particularly on the CCA issue which they haven't given in on. What I want to do now that I am sure I have them by the short and curlies is try and clear this up with a F&FS letter including the £350 they have offered and also with some further reductions of my own including the years interest they have been adding despite the account being closed, unused and in dispute, question is how and can I do I do this without admitting to the debt ?? have looked at the templates and not sure if these need adjusting, would the usual preamble w/o prej/do not ack etc and use of word "alleged" do the trick. Any thoughts, suggestions, templates would be appreciated. If by doing this I admit this debt I would prefer just to leave it for another 5 years, my credit rating is not exactly a priority at the moment although I would like to clear things up fairly.

  14. Had some rubbish from these clowns saying taking me to court etc etc on a debt that Lloyds have already said in writing they don't have a CCA for, let them carry on with their idle threats to cost them some money, waste time etc. After phone call on answerphone thought it was time for CCA, taken the £1 so I will assume they are going to send me the thing Lloyds have already said they haven't got !! Received standard CCA letter, basically my plan is to let them go through all of this, tell me it is being returned to Lloyds which is inevitible and at which point I will thank them in writing for doing so and provide a copy of the letter Lloyds sent me with an "I KNOW" in big letters, also I will be sure to remind them "DO NOT UNDERESTIMATE THE SERIOUSNESS OF THE CONSUMER CREDIT ACT" ..... for those who have received correspondence you will know what I am talking about !!

  15. Yep, I regretted not keeping at least one of my wifes secret cards going when I discovered them just because online stuff can be a hassle at times and unfortunately my bank Maestro Card doesn't do everything, so cheekily and to my surprise successfully obtained a Cap One Credit Card online, took about one minute which with my credit history including court summons for the mortgage totally amazed me, yes it is only a small limit compared to the thousands we have on other cards but for ease, convenience and away from the wife it is just making life easier, also will be some back up when I am abroad later this year.

  16. Post it up on here on somebody can check. I will pass on my experience of dealing with Co-Op so far, I asume from what you have put that you have your bank account with co-op ? If you do then leave now and open a new one up elsewhere with somebody you don't owe money to, then they can't dip in and just take it (which they can do unless it is benefit). Co-Op are economical with truth and certainly they "lost" one of my letters with a cheque attached which suddenly reappeared some weeks later after they tried to get clever with me and I was cleverer thanks to CAG. My CCA was answered and I got an illegible application form, I challenged this as unenforcable and got a letter saying they didn't agree and that by using the card I had shown that I was responsible blah blah blah and i want to know what you propose to do about it !!.... therefore game over, this was last May and since then nothing has happened other than the statements keep arriving every month and were are talking well over £10k here, I have sent nothing at all. Keep your nerve and get everything in writing, I would avoid talking to them as I found they were very difficult and as I have said not always truthful (in my opinion) and as we know this is part of the bullying and pressure tactics, get back in control. As earlier if you still bank with them get away as soon as you can.

  17. This is the old story marje, the same happened to me, you can try and fight this, check out diskmandave's threads, it is very difficult. I have left it as is at the moment and will go back at some stage and pay it off once everything else is sorted and ship shape and my credit score needs repairing which will be a long time off given I have had mortgage arrears and was summoned for repossession so another smaller black mark on there is very insignificant to me, one thing it has done is stopped DCAs and interest

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