Disabled & Scared! Owe 20k to Halifax!**WON** DISCONTINUED AND WROTE OFF

[babybear39]

As far as I know, if they cash the cheque, they are deemed to have accepted the arrangement...

[citizenB]

As far as I know, if they cash the cheque, they are deemed to have accepted the arrangement...

 

According to CCCS that is correct babybear.

[car2403]

As far as I know, if they cash the cheque, they are deemed to have accepted the arrangement...

 

It's a funny one, really, as they don't have to accept your payment proposals - and choose to continue to chase the debt - while I can't see them "refusing" payments on the account.

 

If you've offered £1 per month, send it. I can't see them sending it back.

[HalifaxPickle!]

Hi Again!

 

Well yesterday I received another letter from BOS with regards to the Overdraft and although they have cashed the £1.00 cheque they are stating that I have failed to respond to them.

 

What do I do? Is there a letter I can send stating that how can they say that I have responded when I have sent and they have cashed payment?

 

Thanks

 

HP

[babybear39]

Just send them a stern letter stating that seeing as they've cashed your cheque they MUST have had your letter. Include a copy for their perusal...

[car2403]

Which debt is this now? I thought it was unenforceable? Sorry, I'm a bit behind with the thread and trying to catch up - a brief overview of recent events may help readers to help you, HP? The thread is a bit lenghty, now.

 

If they are chasing an unenforceable debt, send them this;

 

I refer to your recent letter dated XX/XX/XXXX.

 

You will see from your files that this account is “in dispute” and you have failed to reply to my s.77/s.78 Consumer Credit Act 1974 request dated XX/XX/XXXX.

 

I am writing to inform you that this dispute still stands and has not been resolved by your company.

 

 

 

As this account is in dispute and you were aware of this and are continuing to carry out collection activity, I now feel that you are in breach of your obligations under;

§

The Office of Fair Tradings Collection Guidelines – s2.8;

o

“i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued”

o

“k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.”

§

Your Consumer Credit License

 

 

 

As such, I must ask you to take notice that you must cease all collection activity with immediate effect. You have failed to produce a properly executed credit agreement and as such I dispute the entire balance of the alleged debt is unenforceable. As there is no agreement between us, you also do not have permission to continue to contact me regarding this account, either by post or by personal contact, be that by telephone or visits to my property. In fact, OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction from the Court.

 

I also deem any further collection activity, of any nature that involves contacting me in relation to this account, an act of personal harassment, for the reasons outlined in this letter. Please ensure that your system is updated to reflect this, as I will bring any further letters or phone calls to the attention of the Police, to whom I will make a formal statement regarding your conduct given I have already warned you your behaviour causes me to feel harassed.

 

I am of the view that your continued harassment of me puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by calling me, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded and used as evidence in any further formal complaint.

 

If you wish to resolve my complaint, as has been suggested in your recent letters to me, you must supply the documentation previously requested to substantiate your claims against me under the alleged agreement. Failure to do so will result in my ignoring any further letters from you and the actions outlined herein being taken in complaint against you. I will not correspond further with you regarding this issue unless you can fully substantiate your claim as I have outlined.

 

Yours faithfully

[HalifaxPickle!]

This is the Overdraft debt which has to be paid. This debt was given to the Priority Debt team in the Halifax a few weeks ago because I have a terminal illness. I had to get a letter from my GP stating this and paid £20 for this. I received a letter back from them thanking me for the GP letter and they could see that I do have a terminal illness. Then Halifax decided to give the debt to Blair, Oliver & Scott anyway and I have been receiving nasty letters since. I have sent letters explaining I am ill and the name of me case worker within the Priority team but ALL letters have been ignored! They have sent numerous letters and I sent a letter to them 2 weeks ago asking them to accept £1.00 per month as that is all I can afford. They have sent a letter as I said in my last post stating that I have NOT responded to them even though they have received my £1.00 cheque and cashed this last week!

 

So THIS debt is enforceable!

 

The CC debt which is supposedly uneforceable has gone through Halifax to Blair, Oliver Scott and is now at Robinson, Way & Co. I have sent letters to them explaining that they can not chase me as the debt is in dispute, so we will see what happens next. Apparently it will be another DCA.

 

I am running out of energy and patience.

 

Apologies for the length of my thread.

 

HP

[car2403]

You don't need to apologise, HP - the suggestion about a short summary of recent events was only to make sure you get the right help at the right time, without having to trawl back through the last 9 pages, or so, that i've missed.

 

Sounds like the letter means you haven't responded to their request to make a reasonable offer of payment, rather than haven't responded at all - which we know you have. This is a standard response, based on the process they use, as the number of "days" past since the last action has passed, I'd suggest. I don't think this is anything to worry about - I would be sending the letter I've posted, above, though, just in case they decide to send their "pixies" to your door asking for money. You just need to replace the s.78 paragraph with the details of what has happened, stating you've made an offer and have already started paying as promised.

 

Incidentally, how do you know the overdraft is enforceable? They have to comply, without getting too technical, with a Determination issued under the Consumer Credit Act to have an enforceable overdraft debt. From what I've seen/remember from this thread, we haven't had confirmation of that yet - I seriously doubt this overdraft debt would be enforceable, IMHO. It could be worth querying this documentation, while maintaining these token payments, rather than just accepting the situation. I realise you aren't well and this part is rather complicated, but there's plenty of help on CAG to get you through it all...

[111253]

HI HP, Not much for me to add but to wish you the best with these heartless morons. I, like other at CAG canot believe the way they are treating you, its disgusting.

Hassle your MP as he should be putting pressure on these people now, and so should CAB.

 

Since they do not appear to have any enforcable agreements they are just blustering, and someone should make sure the media get on their case pronto.

Good luck

[bathgatebuyer]

I'm with 111253 - I'm sorry another customer is going through this crap with HBOS. Their friendly smiling, singing advertising hides what is really inside this organisation and it is a complete lack of co-ordination between the departments and complete contempt and disregard for the customer.

 

To say I despise them is an understatement.

[babybear39]

To say I despise them is an understatement.

 

After being on this thread with HP from the begining I think HBOS are way less than human and should be exposed for the cruel, uncaring monsters they really are

[HalifaxPickle!]

You don't need to apologise, HP - the suggestion about a short summary of recent events was only to make sure you get the right help at the right time, without having to trawl back through the last 9 pages, or so, that i've missed.

 

Sounds like the letter means you haven't responded to their request to make a reasonable offer of payment, rather than haven't responded at all - which we know you have. This is a standard response, based on the process they use, as the number of "days" past since the last action has passed, I'd suggest. I don't think this is anything to worry about - I would be sending the letter I've posted, above, though, just in case they decide to send their "pixies" to your door asking for money. You just need to replace the s.78 paragraph with the details of what has happened, stating you've made an offer and have already started paying as promised.

 

Incidentally, how do you know the overdraft is enforceable? They have to comply, without getting too technical, with a Determination issued under the Consumer Credit Act to have an enforceable overdraft debt. From what I've seen/remember from this thread, we haven't had confirmation of that yet - I seriously doubt this overdraft debt would be enforceable, IMHO. It could be worth querying this documentation, while maintaining these token payments, rather than just accepting the situation. I realise you aren't well and this part is rather complicated, but there's plenty of help on CAG to get you through it all...

 

How do I find out if the OD is not enforceable? It was a student overdraft if that helps at all??

 

Thanks HP

[citizenB]

To say I despise them is an understatement.

 

After being on this thread with HP from the begining I think HBOS are way less than human and should be exposed for the cruel, uncaring monsters they really are

 

I with you on this one babybear

[HalifaxPickle!]

I am confused again...sorry...what letter do I send them please?

 

How do I know if the Overdraft is unenforceable?

 

Thanks

[car2403]

Have you sent a CCA request for the overdraft?

[HalifaxPickle!]

No I havent. I was told earlier in the thread that my OD wouldnt be covered by the same thing as the CC.

 

Now I am really confused.

 

HP

[babybear39]

Some overdrafts are covered by the CCA 1974, so give it a go It's only a £1

[car2403]

Current accounts aren't covered by the CCA - they are governed, generally, by the FSA.

 

Overdrafts are regulated agreements under the CCA, but are exempt from the part of the Act that sets out requirements on form and content. Because they are regulated, under s.74, they are subject to an OFT Determination regarding the form and content of how the overdraft should be entered. This means that certain information (interest rate, applicable charges, how the agreement will be terminated) must have been provided before, or shortly after, the overdraft was take out.

 

In short, where they haven't complied with the s.74 OFT Determination, the debt can't be enforced and can be challenged as unenforceable under s.142 CCA.

 

The best way to find out is to send them a CCA request, wait for them to say they don't have to comply with it, then point out that they do, in that they need to demonstrate they complied with the s.74 Determination, rather than Part V that outlines form and content, and if they can't the debt is unenforceable.

[111253]

so does the OD CCA have to be signed by me

[car2403]

so does the OD CCA have to be signed by me

 

A signature isn't required by the Determination, but they should be able to prove that they did comply with and sent or gave you the relevant information before or shortly after the OD was taken out.

[111253]

If they produce something and say they sent it to me, which they did not, how do I prove I did'nt get it.

[car2403]

If they produce something and say they sent it to me, which they did not, how do I prove I did'nt get it.

 

You can't.

 

What you're hoping will happen is that they produce something which has one of the Determination terms missing, meaning the debt is unenforceable. (Which happened to me, with Barclays, by the way)

[HalifaxPickle!]

Hi Again

 

So is it just the standard CCA letter to them with regards the OD. I have been ill again the past 2 days and not been able to do anything. Should I also send a letter about the cheque they cashed and them claiming to not have received anything?

 

Thanks HP

[babybear39]

Sorry to hear you've been ill again HP *hugs*

 

Not sure about the CCA letter re: OD but deffinately write complaining that they've cashed the cheque so MUST have had the letter. Attach a copy of the letter for thier ease of perusal

[car2403]

Hi Again

 

So is it just the standard CCA letter to them with regards the OD. I have been ill again the past 2 days and not been able to do anything. Should I also send a letter about the cheque they cashed and them claiming to not have received anything?

 

Thanks HP

 

Yes and yes.