Help please! cca not complied with now debt collectors involved

[The GodMother]

I agree but i dont think it is a good idea to just leave it as it could cause more problems than good.

[citizenB]

Just write a letter to Rockwell, something along the lines of..

 

Dear Rockwell,

 

I am at a loss to understand why this account has been passed to you inasmuch as it is subject to an investigation by the Financial Ombudsman Service and has been since XX XXXX 2008. Their reference number is FOS XXXXXXXXXX.

 

I have passed your letter on to them to be included in their investigation.

 

Yours, etc...........

 

That should have them passing this back to whoever they got it from

 

I see where you are coming from GM but its not the alleged debtors duty to inform every lowlife yjat what they thought was a license to print money is flawed. They are supposed to be professionals so they should get their facts right before sending out the begging letters

 

I agree but i dont think it is a good idea to just leave it as it could cause more problems than good.

 

I can see this from everyone's point of view.. If it were me, I would just pop a note in as I already posted above, just send it with a free Proof of Posting from the post office. That way, should it ever need to be produced in court then at least it is proved it wasnt just ignored.

[Dollydoo]

I've sent this (or will be today) let me know if you think its too sarcastic. Thanks again everyone.

Thank you for your “demand for payment” dated 15th August 2008, which was posted 2nd class and only received today. I therefore imagine the 7 days you gave me to respond may actually have expired. However, more importantly, I felt it best to advise you (as the Halifax have clearly not bothered once again!) that this alleged debt has been in dispute since 26th September 2007.

In fact it is now being investigated by the Financial Ombudsman Service, their reference number is****. Your letter has been passed to them to assist them further in their investigation. I should also like to point out that the same will be done if I receive any further correspondence from yourselves but without the need for me to reply to you again.

[citizenB]

Looks ok to me.

[The GodMother]

not sarcastic enough for me but its brill.

[Dollydoo]

Hi everyone & Merry Christmas!

This has been a long time coming but I got a phone call from the Ombudsman office today. As far as they're concerned my application form is an enforceable credit agreement:eek:, i'm a bit worried as she obviously knows what she's talking about and I don't well I'm not quite as concise anyway. she said she would look into it a bit more, but that she was quite certain it contained all the prescribed terms etc. I pointed out that I thought the document might have been put together for a couple of reasons but she seemed to think it hadn't been. Does anyone have any advice please. What happens if they now come back to me and say yes it is enforceable?

[Pinky69]

I wouldn't assume anyone in the Ombudsman service knows what they are talking about at all. They are funded by the financial institutions and the adjudicators have no special training whatsoever. One tried to tell me an application form with no prescribed terms was an enforceable agreement. Also, they are supposed to adhere to the law but they don't - they are a law unto themselves. A waste of space.

[Dollydoo]

ok I know I need to wait for their final response but i'm worried - what happens if they come back and say it is enforceable.

and in your case Pinky, what did you do?

[Pinky69]

I know for a fact there are no credit agreements in my case. I told the Adjudicator he was talking bol**x and why. He replied saying the same thing he had said already and I replied he was once again talking you-know-what. As a result of the second letter I wrote, he decided to pass it to an Ombudsman (whereas he was going to close the case after my first submission). I don't expect a different outcome from the Ombudsman. I haven't heard from the bank for 8 months and I think it may have been written off but if it hasn't they can either try to pursue me again, in which case every move they make will be a complaint to Trading Standards, or they can take me to court. They are going to look complete idiots if they try to do that without any credit agreements. The FOS is not a court. They cannot decide whether agreements are enforceable or not - only a court can do that. The woman you spoke to wasn't very knowledgable if she was going to have to check with someone else - they are totally out of their depth in this area. Don't base what you do on what the FOS say - they do not know what they are talking about.

[babydoll0141917]

Hi there i have an ongoing battle with Halifax CCA i have an application front and the same conditions on the reverse..its gone from halifax to blair to iqor and now a nice red letter from capquest ..Whoever nxt LOL

 

subbing with intrest

[cashins]

Have to agree with Pinky on this.

 

The FOS is an prime example of a good idea gone wrong, (or substantially altered to suit the wishes of it's paymasters, ie, the financial services industry).

 

Their level of expertise and training is generally very poor and there is a distinct feel about their communications that could come almost straight out of a DCA's handbook. In short they have no interest in biting the hand that feeds them.

 

To cap it all, in the event of something being so outrageous it disrupts their comfortable existence, they may award compensation.

 

Then they pay it, against the debt, to whichever O/C or DCA is holding the unenforceable debt to start with.

 

David

[Dollydoo]

I've received the outcome letter today - I feel as though this whole fos business was a complete waste of time. If you read their letter, they've not even bothered with the fact that the halifax passed the debt on & continued to harrass me for the payment. Anyway, what is my next move - do I appeal and ask for an ombudsman to look at it? and then wait for the halifax or the dca to take me to court? help and advice please, very much appreciated!!

[Dollydoo]

Dollydoo23/Financial Ombudsman response - Photobucket - Video and Image Hosting

 

hopefully this should be the link to the 3 page letter.

[cashins]

If you change the names, large parts of your letter are the same as the one I received in similar circumstances to yours.

 

My view of it is a template letter that they alter to suit, (bit like our account in dispute - bugger off letter) and the intention is the same.

 

Up to you but I didn't see the point of continuing with this flawed organisation.

 

David

[Dollydoo]

so what should I do now then? wait for court papers then take it from there?

[Dollydoo]

advice please anyone

[Curlyben]

Chocolate tea pots.

 

At the end of the day you still have a solid s127(3) application form and any action that is taken is a simple defence.

 

So just wait and see what the next DCA has to say for themselves.

[Dollydoo]

ok will do, thanks.

[The GodMother]

you could always appeal there decision as he has given you that opion.

[Dollydoo]

yes I was just pondering that thought! they've given me until the 7th Jan to appeal, meantime I've received 2 more letters from yet another dca (moorcroft) .

[Dollydoo]

I know i'm being a bit thick here but could someone give me an idea of what to say in my appeal letter?! thanks

[Dollydoo]

in the appeal they want me to set out my reasons for disagreeing with the way in which they have reached their decision:confused: apart from the fact that all they seemed interested in was that I have not disputed applying for the card nor having had the benefit of using it(flippin cheek). Now I know what I'd like to say;)......so does anyone have any advice whatsoever please

[Pinky69]

You are wasting your time appealing to the FOS - you will just get the same reply from them. If I were you I would wait until you here from the DCA again after the FOS have informed Halifax of their finding then emphasise to them that the FOS clearly do not understand the requirements of consumer legislation, that without a properly executed credit agreement no enforcement action can be taken and the account remains in dispute. Send that when the time comes to their complaints department and tell them that as far as you are concerned the matter is closed and that will be your final correspondence on the subject. Then it is a question of waiting for their response and dealing with that.

[Dollydoo]

ok the dca's letters have started to appear! Do I sit tight and wait for official court papers before responding or is there a letter I need to be sending to each and every dca letter that appears? I haven't heard from Halifax themselves regarding the FOS response yet.

[deepdebt]

Hi Dollydoo,

I read your thread with interest as I am just starting down this road.

My only comment is that this situation has been rolling around for quite a long time, the shear fact that its been passed from DCA to DCA must mean something, why so far has no DCA sent court papers to you? Is it because they are not confident about Halifax's paperwork and hence don't have the bottle to start proceedings as they may lose and end up paying damages to you. I will follow with interest.

Good luck.