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Help please! cca not complied with now debt collectors involved


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Hi. I sent a request for cca to Halifax credit card, no response after giving them the time limits. the additional 30 days was up on 11th November. I know they had request they cashed the £1 cheque & it was sent recorded delivery! Today I have received a letter from Power2Contact who say they are acting for Blair Oliver & Scott Ltd saying halifax have been unable to contact me and neither have BOS despite a number of attempts. If I don't contact them within 3 days they will send someone around to my house! What do I do now? is there a letter I should send advising them of the cca request not being complied with?? help/advice appreciated, thanks.

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ok First stop panicking, go make your self a cup of tea/coffee or what ever your preffered drink is and if you smoke have a fag.

 

Now after that you should feel beter.

 

Write to Blair Scott and Oliver stating the account is in dispute and that they cannont collect on this account as it would be a breech of OFT guidelines. Send this letter buy recorded delivery.

 

Now you say that Halifax CC have failed to respond. Have you reported them to Trading Standard, FSO and the OFT if not then i would get on to that next.

 

I will find a suitable letter and post it on here for you.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Try this one:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

If anyone comes to your door (unlikely, but possible) either do not answer it or answer it and tell them politely you will not discuss with them. If they will not leave or cause any problems, simply phone the police and advise trespass and behaviour likely to cause breach of the peace.

  • Haha 1

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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ty tiglet i was looking for that CB letter

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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And here is one of CBs that you should send to Haliprats if they contact you again

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

  • Haha 1

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Good old CB - he really needs to post his library in one place so we can purloin it anytime we feel necessary without having to go hunting:D

 

Come on Librarian - look after your library!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Looks like Halifax are going for it, I too got a thing from Power 2 Contact which said I had "lost contact" with Halifax which was utter crap and then they said they are charging £22.66 for this letter ...... yeah right ..... letters straight off to them telling them the error of their ways and also to Halifax to stop pratting about and send me my CCA and deal with my complaints ... also like you the little threat of coming round which is utter rubbish anyway but just so they know the invitation was revoked, trespass/damages/Police etc pointed out .... just so they know .... oh and I am keeping their letter on file for evidence to the FOS and if they send another one it is going to the Police as a demend for money with menaces/extortion complaint .... these sort of leaches do need to be told

 

Please don't fear, you ain't alone and the monkeys can't touch you, just keep writing and you won't go wrong, you will win

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Another brilliant letter by CB. I can wait and see if CB does post his libary of letters.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I have thought about posting my library, but there's a couple of reasons I haven't

  • It's a continual work in progress
  • Not all letters fit all situations
  • There's well over 50 at last count
  • I'm a miser ;)

Of course they are always available, feel free to PM me any time.

I'm always around.

Be VERY careful whose advice you listen too

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It says in my letter that it does say this in my "contract", however as I don't have a CCA how can this ever be enforced, also what constitutes lost contact ? I got this letter on Monday, I hand delivered a letter to Halifax 24/10/07 reminding them I was awaiting response from them ?? I haven't moved house or received anything further apart from a staement on Tuesday ..... seems like a licence to print money .... extortionists !!! ..... suffice to say they can go whistle !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Looks like Halifax are going for it, I too got a thing from Power 2 Contact which said I had "lost contact" with Halifax which was utter crap and then they said they are charging £22.66 for this letter ...... yeah right ..... letters straight off to them telling them the error of their ways ....

I think I might be tempted to include in the reply that I was charging them £66.22 for the priviledge! ;)

 

Rob

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Hi. I sent a request for cca to Halifax credit card, no response after giving them the time limits. the additional 30 days was up on 11th November. I know they had request they cashed the £1 cheque & it was sent recorded delivery! Today I have received a letter from Power2Contact who say they are acting for Blair Oliver & Scott Ltd saying halifax have been unable to contact me and neither have BOS despite a number of attempts. If I don't contact them within 3 days they will send someone around to my house! What do I do now? is there a letter I should send advising them of the cca request not being complied with?? help/advice appreciated, thanks.

 

Similar has happened with me. Halifax haven't replied to my CCA request sent in August and now Blair Oliver & Scott are writing to me saying that they have been unable to contact me despite many attempts.

 

Totally agree with harrythehawk:

 

Please don't fear, you ain't alone and the monkeys can't touch you, just keep writing and you won't go wrong, you will win

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Blair Oliver & Scott are writing to me saying that they have been unable to contact me despite many attempts.

 

Usual DCA Bollox. Its all part of their attempts to con you into ringing them so as their interrogators can force you into making unlawful payments

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Thanks everyone!

I'm sending the letter from tiglet, but i've omitted the underlined section -

 

(As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE) -

 

because I haven't sent SAR just cca request I don't thing anything else needs adjusting, if I'm wrong please let me know before the morning ;) !! Thanks again. Meantime, I'll sit back and wait.

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Hi

 

the easiest way to kick things off with trading standards ive found is to call your local office

 

you can find your local office by going to this website Trading Standards Central - Trading Standards and Consumer Protection information for the UK and use the post code search function

 

then take it from there

 

 

regards

paul

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  • 2 weeks later...

Hi all,

I wrote to DCA & Halifax (CBs letter above). I've now received a Default Notice from Halifax saying that I've defaulted under the terms of CCA 74!! Should I send letter politely reminding them of their error as they haven't complied with my cca request or does someone have a sarky letter that I should send? Like Harrythehawk I've noticed they've added charges and a £22.66 charge for the letter from DCA! Any advice appreciated. Thanks.

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