Halifax Cca Request + Formal Notice Letter

[bandyandstrange]

Hi every one,

had a letter saturday from DCA blair oliver and scott demanding payment of balance, if i do nothing a local door to door agent will call around to visit me or court action may be taken to obtain a judgement against me.

 

any suggestions greatly appreciated.

 

mark

[Curlyben]

BOS are the inhouse monkeys.

 

Oh well throw letter in post #46 at them

[vinegarvera]

Subbing

[bandyandstrange]

shall i put put i aknowledge no debt to your company on the letter heading??? or change any parts of the letter?

M

[bandyandstrange]

Just recieved another letter from blair oliver scott today looked like a payslip with tear off edgesetc saying important do not ignore this please contact us as a matter of urgency!!! dated 5 days after the origional letter im firing off the letter from CB to them today.

 

M

[bandyandstrange]

just a question how much would an 8k debt be brought by a Dca for?

 

m

[pt2537]

probably for around as little as 10% of the value

[The GodMother]

ouch only 10% and we then have to pay the full amount. We should only have to pay what they pay.

[bandyandstrange]

Hi Paul / everybody who has been following this, all has been quiet from halifax untill now have recieved a moneyclaim court summons here are the particulars of claim the claimanets claim is for £ xxxxx presently due pusuant to a credit agrrement entered into by the parties full particulars have been supplied hiherto, by an agreement dated xxxxx the defendent has an account number xxxxxxxx with the claimant, the defendant has failed to or delayed to adhere to the terms of the default notice issued by the claimant under the terms of the consumer credit act 1974 the balance due at 0// on said account is £xxxxx

 

I would appreciate any help on a defence as there is no credit aggreement

 

regards mark

[pt2537]

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

Firstly, via special delivery send that letter, amend it to suit your circumstances

 

secondly, were there any other documents attached to the claim form?

 

can i just check who the claimant is on the claim form too

[bandyandstrange]

hi Paul, many thanks i will mail that to them only the claim form and responce pack no other documents, claimant is bank of scotland plc.

should i send back the acknowledgement of service back before defence?

Mark

[pt2537]

Yeah, you send the acknowledgement of service then the defence.you have 14 days from date of service to file the acknowledgement of service ,the AoS then allows you an extra 14 days to file your defence

[bandyandstrange]

Hi paul, sent your letter and i have a responce from Hbos dated 20th may still waiting for copy of credit agreement and as for charges they have said they have ordered copy statements which will provide me with details of any charges incurred so far these along with the credit agrreement have not arrived i sent my requests 13th may!

I will need to file my defence within the next few days can you help me with this?

Regards Mark

[bandyandstrange]

Does anyone have any ideas on how i can write my defence on this one?

regards Mark

[pt2537]

Hi Mark

 

When exactly does your defence need to be in?

 

Can you also check with the court in the morning just to make doubly sure

[bandyandstrange]

hi paul i will check with the court in the morning and let you know

many thanks for getting back to me.

Mark

[pt2537]

No Worries matey,

 

sorry for the delay but ive been unwell and im slowley trying to get back upto full speed. my memory is quite affected so if you dont get a reply from me to any questions then give me a shout via pm like earlier

[bandyandstrange]

Hi paul,

it needs to be filed by the 9th of june confirmed by the court.

Mark

[pt2537]

Ok super so we have a little time then, thats cool

[bandyandstrange]

Hi paul, sorry to be a pain would it be possible to sort a defrnce by thursday evening as i have to go away away thursday night untill monday 9th june pm when defence is due by, Regards Mark

[darftblerk]

Oh Most importantly, i cant say this enough

 

NEVER NEVER NEVER sign any letters that you send with your signature

 

instead,use block capitals to print your name or use a digital signature such as this http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

regards

paul

 

Alternatively, I have been adapting my sigfnature, and striking through it with a large X, to show that it was a recent signature. If it appears on an application form / CCA, then I'd seek recourse through the courts for forgery, much worse than not having a CCA on file

[darftblerk]

Should a defence be entered for this court judgement, please post it up here, as I feel that Halifax may go down the same route as myself regarding pending action.

 

Many thanks

[bandyandstrange]

Hi Paul everyone this is the responce i got to my defence, direct from halifax. any suggestions on what to do next?

Mark

http://i213.photobucket.com/albums/cc90/bandyandstrange/responcefromhalifax.jpg

[bandyandstrange]

I Think they 33 days in which to give a responce back to the court from my defence other wise its stayed? is this correct.

 

Mark

[Sparkles100]

Subscribing.

 

Good Luck!

 

Sparkles