Halifax no CCA.

[Mrsmancmonkey]

Morning folks.

 

I've had a call from my sister panicking about her Halifax account.

 

Original request for CCA was mid July and they have send out an application form and nothing else. Everytime they have written to her re the debt, we've sent a letter back requesting a copy along with putting in big bold writing formal complaint. They have had the usual templates on this site.

 

Firstly, I would just like to find out the following;-

 

They have added on an extra £2,000 in charges since she requested this and stopped paying and now a Default - can they do this? If not what letter can I send?

 

Secondly, What happens if they do find the CCA as she is now a further £2,000k in debt?

 

Also if they have done this will they try for a CCJ next?

[karen654321]

Hiya im 99% sure they are not allowed to add these amounts on when the account is in dispute. Im sure someone will come along and verify this.

 

Im also sure that if they do find the cca they can ask for the money to be repaid. Im not sure about the ccj but obviously if they do find a vaild cca then you would be able to come to some sort of agreement for repaying.

 

I havent seen a letter regarding claiming back monies they have added when the account is in dispute but will keep looking.

 

thanks

 

karen

[clutchingatstraws]

They cannot add charges if they are in default of a CCA request they cannot even add interest.

 

This sounds like a typical DCA trick, can you post up the letter leaving out personal details or tell us any phone numbers or addresses on the letters.

[Mrsmancmonkey]

Its halifax themselves.... She is sending me the paperwork today (including default notice) however I wont have it until tomorrow so will have loaded up by Wednesday with post going home.

 

And its on the CC statements that the charges are appearing, which have now taken her over the limit

[clutchingatstraws]

Any idea when the account was opened?

[Mrsmancmonkey]

Over 5 years as a minimum

[clutchingatstraws]

Cheers

 

Try posting it up with a record of where you are up to now.

 

Cas

[Mrsmancmonkey]

Will do. Wont be til wednesday though. Do you need to see the letters I've sent them to? (7 in total!)

 

Thanks

[clutchingatstraws]

The fuller the story the better to get an opinion on.

[Mrsmancmonkey]

Defaultpdf.jpg - Image - Photobucket - Video and Image Hosting

 

Defaultpdf_2.jpg - Image - Photobucket - Video and Image Hosting

 

Hi

 

Here are the default letters that have been issued, even though 6 months down the line, several letters later, x amount of charges taking her over the agreed limit and still no CCA.

 

What is the next plan of action please?

 

Thanks

[clutchingatstraws]

Did you keep the recorded delivery reciept when you sent the CCA?

 

What date was that?

 

Can you also post up the application form.

[Mrsmancmonkey]

Yes - all letters are sent recorded to Halifax through work (FOC )

 

First letter sent 24th July 07 CCA Request

2nd letter - stop harrassing letter as she can no longer work and has only benefits to live off (included medical notes)

3rd Letter - Proper full request laying out responsibilities (this 15th August)

4th letter - Letter explaining that she is never going to work again along with medical notes - 25th Sept

5th Letter - 18th Oct. Stating still waiting for CCA

6th letter - 21st Nov - same letter as above as they kept calling her

7th Letter - 21st Dec - Explaining again that no CCA, included medical notes yet again on her disability and that she cant work

 

Still being hassled and now this.

 

Thanks

[Mrsmancmonkey]

Hi

 

Will have to bring that in tomorrow as they are all at home, filed. (We have about 7 on the go for her) however I am sure that the halifax have sent some general T&C's and the application form (if there is one) definately has no prescribed terms.

 

Speaking to my sister she reckons its probably more like 10 years or over not the 5 years as originally quoted for being opened.

 

K

[clutchingatstraws]

Only send this if you are absolutely sure that the CCA they sent you is unenforceable.

You have six months from the date of the criminal offence to report them to TS this is probably nearly or has been passed.

Recorded Delivery

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU.

Read this letter carefully failure to do so may lead to enforcement of criminal offences against you.

This is a final opportunity to resolve this matter before I contact the Trading Standards Service and other enforcement agencies.

If you do not understand the issues raised in this letter you must seek legal advice.

*************** 2008

Ref:**************

Dear Sir/Madam

I am sure you are aware:

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 you commit a summary criminal offence.

These limits have expired.

Furthermore

As you are no doubt aware section 77(4) of the Consumer Credit Act 1974 states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

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.

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

Including entering defaults on my credit file

Furthermore I shall counterclaim that any such action constitutes unlawful harassment and any legal costs in defence of any claim be paid by the claimant.

As already pointed out 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.

On the ******************** I will be making formal complaints against you and your client to Trading Standards, The FSA, The FOS and the OFT.

I will also be making enquires with HM Treasury and HM Customs to ascertain if any offences have been committed under The Money Laundering Regulations 1993 .

I suggest you either supply a valid enforceable CCA

or

1) Close the account ensuring that any default that may be registered with any agency is deleted.

2) Remove any of my personal data from your systems, as you quite clearly do not have my permission to process.

Your response must reach me by ****21 Days**** 2007.

Kind Regards

[clutchingatstraws]

Edit anything irrelevant, 10 Years is positive there were a lot of fag packet app forms around that time.

 

Did you get any response from your formal complaints?

[Mrsmancmonkey]

Nothing, only one letter saying we are looking into your complaint and thats it. That was around Sept time.

 

What is FAG?

 

I will get this letter off to them as its 6 months to the day

 

Thanks

[clutchingatstraws]

As its six months to the day also report them to their TS area and your own TS area.

 

Also make a complaint to the FOS stating that they have not settled your complaint within eight weeks and ask them to investigate.

 

Complain to the oft that they have put on a default and charges while the debt is in dispute.

 

 

 

Sorry Fag packet is my phrase for a poorly constituted application form

 

i.e written on the back of a cigarette (Fag) packet

[Mrsmancmonkey]

Application form as promised Halifax.jpg - Image - Photobucket - Video and Image Hosting

 

Only letter re complaint Halifax_2.jpg - Image - Photobucket - Video and Image Hosting

 

Finally terms and conditions where sent from a web print out for 2007.