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

[Jeff2000]

Hi Again

 

Just to state that the letter went off today by SD. I was given a receipt which I have clipped to the copy of the letter I sent. I have also noted in the letter the ref number of the PO.

 

Just wondering whether the DCA which they are passing me too will be understanding if the CCA comes back OK and work out a reasonable payment plan etc? I can only afford a max of £20pcm. I have letters from my GP stating that I am terminally ill and also the letters from the CAB which they did for me...could I send them these? Will they really harass me as I just don't have the energy TBH? Also, will they come to my house?

 

I am really worried about this but obviously want to do the right thing and will pay what I can towards the debt.

 

I suppose I just need a little reassurance from you guys.

 

Thanks

 

HP

 

 

 

 

Hello HP,

 

 

Now that you have sent your CCA request, you can sit back and relax. I know you probably don't feel like relaxing at the moment, but you now have 12 working days from the time that they receive your request before you need to think about doing anything else! We'll worry about what to do regarding making a repayment offer, if and when they produce a copy of your agreement with all the prescribed terms.

 

Until they do, just sit back and wait!

 

In the meantime, do not contact them or any third party that may represent them on the telephone. If you receive any more letters, especially after they have received your CCA request, post the details up here. There is plenty of support and advice here!

 

So, try and relax, don't speak to them on the phone and we will deal with future issues if and when they arise!

 

 

Best wishes, Jeff.

[Jeff2000]

Hi,

 

 

You could, if you feel up to it, answer the phone but don't answer any of their security questions. Instead ask them who they are, name, company the nature of the call. They will most probably refuse, at which point you tell them that you cannot speak to them due to the Data Protection Act.

 

If they do decide to tell you who they are, then tell them the call is being recorded (even if it isn't) and that they are to contact you in writing only. Then simply put the phone down. If you have a mobile as well, you might consider pulling the landline from the socket. That's if this is practical for you! It all depends on how much you rely on your landline!

 

I had the same problems regarding unwanted calls about 18 months ago. In the end I decided to have our phone number changed. I contacted BT and they did this almost immediately. Since this time I have not had any calls from these types of companies! (Banks, DCA's etc). I know this is not an option for someone who maybe relies a lot on their phone at the moment. It can be a bit of hassle telling all your friends and relatives etc your new number, but it may be worth considering!

 

 

Best wishes, Jeff.

[Jeff2000]

Hi HP,

 

 

Yes this is very good news indeed!

 

At last there is someone who can help you with this shower!

 

Good luck!

 

 

Jeff.

[Jeff2000]

Hello HP,

 

 

BOS almost always ignore any letters sent! In fact one of their phone operators even admitted that they rarely read them. They just bin them!

 

The letter you received is a standard letter from them, so I wouldn't panic. I have had 20 to 30 letters from them all similar, some claiming I had 24 hours to pay up. These were always received after the alleged 24 hours had expired. I had one claiming that Court papers were being prepared and would be filed if I did not contact them immediately. It's all Bull***t! Eventually, your account will get passed from DCA TO DCA, these will back off when told that the account is in dispute and no CCA as so far been produced.

 

Have a read of some threads involving BOS! Including mine.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121252-bank-scotland-blair-oliver.html

 

Also read reallymadwoman's threads. She complained to the FOS and was awarded compensation! This one is a great read and may offer some inspiration.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102011-blair-oliver-scott-bank.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

 

Finally, do not phone them under any circumstance!!! Do not make any payments!!!

 

If and when they produce a true copy of your agreement containing all the prescribed terms, then you may begin to discuss repayment proposals!

 

 

Good luck and happy reading!

 

Jeff.

[Jeff2000]

Hi There

 

I have had another letter this morning dated the 9th June and they are threatening and preparing for court. They are saying that Halifax have asked them to do this. The are applying for a CCJ. This needs to be paid by today 16th June 2008.

 

I haven't been able to contact TS yet as I was quite sick the end of last week.

 

Is there anyone higher I could contact and ask them to back off. This is really starting to distress me.

 

Is this just a standard letter or should I be worried? I have asked them politely to leave me alone and that the debt is in dispute.

 

Can I do anything else?

 

Does anyone have a snotty letter I can send them that they may listen too?

 

Thanks

 

HP

 

 

 

 

Hello HP,

 

 

There is no doubt whatsoever that this is yet another threatogram! It is a standard computer generated letter. File it under H for harassment!

 

They will completely ignore any letters you send them, but you can send something along the lines of this if you wish;

 

 

 

D Hood

Blair, Oliver and Scott Ltd

P.O. Box 66

Rosyth

Fife

KY11 2WG

 

September 25th 2007

 

Re: Account Number XXXX XXXX XXXX XXXX

 

 

Dear D Hood

 

 

With reference to your letter dated XXXX XX XXXX.

 

I find it absolutely incredible that you continue to ask for further payments whilst your client, Bank of Scotland is in default of section 77(1) of the Consumer Credit Act 1974.

 

A request was made to your client in a letter dated XXXXX XX XXXX, to supply all documents required by s77(1) of the CCA 1974. The statutory fee of £1.00 was included by way of a cheque/postal order. (Number XXXXXX). This cheque/postal order was banked on XXXXX XX XXXX, therefore my request was accepted. Your client received and signed for the letter on XXXXX XX XXXX.

 

As you should be very aware, the CCA 1974 allows twelve days for your client to comply with the request. If they do not, then they are in default, and the agreement becomes unenforceable. If the default continues for a further calendar month, then an offence is committed. It is also your client’s legal obligation to comply with this request.

 

The deadlines for your client to comply with my request expired on XXXXX XX XXXX, and XXXXX XX XXXX respectively. I think you will agree that your client as had more than sufficient time to comply. To date your client remains in default of section 77(1) of the Consumer Credit Act 1974, and the agreement remains unenforceable. Until such a time as your client complies fully with my request, all payments will cease.

 

As you have now continued to request payments, you are in breach of the CCA 1974, and the Office of Fair Trading guidelines on debt collection. Therefore I now request that you forward me full details of your complaints procedure. You will be well aware that you have eight weeks to comply before a complaint will be lodged with the Financial Ombudsman Service.

 

I can also confirm that I will no longer be contacting your company with regards to the above numbered account. In future I will only be contacting the original creditor, the Bank of Scotland, regarding payments or any other matters. Therefore any further contact from your company will be deemed as harassment, and a further complaint will be raised to the relevant authorities.

 

I trust you understand the contents of this letter.

 

 

Yours sincerely

 

 

They will, of course, ignore this letter. They will also fail to provide you with details of their complaints procedure and eventually I think you will be passed on to another DCA! If so, then you can then complain to the FOS!

 

 

Best wishes, Jeff.

Edited June 16, 2008 by Jeff2000
Cleaned up.

[Jeff2000]

......is it me, or is that computer gabble:confused:

 

HP

x

 

 

 

 

Hi,

 

 

It's me!

 

I'll edit it in just a minute!

 

 

Jeff.

[Jeff2000]

Done!!!

[Jeff2000]

Thanks!

 

I have just contacted Royal Mail and there is no way I can find out if the PO has been cashed! I have to download a form and send the receipt to them and this could take about 30 working days. I explained I was disabled, but the lady said that they can not check on their computers.

 

What should I put into the bit on the letter about the PO dates? ....should I just put the date the letter was signed for by them?

 

Thanks

 

HP

 

 

 

 

Hi HP,

 

 

Yes! All you are pointing out is that you know the letter was received by them. If they have signed for it, then that's fine!

 

 

Regards, Jeff.

[Jeff2000]

Hi There!

 

Just an update.

 

Today I have received 2 letters from Halifax.

 

(1)A letter about my OD which has been passed to the Customer Priority Team. They have asked for a letter from my GP stating illnesses etc and have popped in a pre-paid envelope for me. I have 21 days, but if I need longer then I can call them on their freephone number to ask. I have been assigned my own personal staff member and I will directly with her and no-one else.

 

(2)A letter from Halifax (not BOS) regarding the Credit Card debt. They have noted my letter stating that I am unhappy with them and the way I have been treated. They have asked a customer care manager to look into my case and investigate the points I have raised and I will reply no later than 4 weeks. They have included a copy of their complaints procedure. If I need to contact them in the mean time,I have been given a direct geographical number.

 

I am pleased about both letters as they seem quite positive, but was wondering what happens when BOS get in contact. Does this mean that the Halifax have taken back the CC debt which they gave to BOS if they are now contacting me:confused:

 

Do you think the letters seem they are heading in the right direction?

 

Thanks

 

HP

 

 

 

 

Hi HP,

 

 

Yep, it looks like you are at least getting somewhere at last!

 

Good luck and keep us all informed of any more developments!

 

 

Regards, Jeff.

[Jeff2000]

Hi Halifaxpickle,

 

 

Don't worry about this. HBOS and Blair Oliver nearly always ignore letters etc.

 

You will find that after you get rid of Robinson Way, the account will then be passed onto the next bunch of morons, then the next, and so on etc.

 

If this keeps on happening you should report them to TS and OFT, and start a complaint with the FOS!

 

Best wishes, Jeff.

[Jeff2000]

Everytime I read your thread it brings tears to my eyes and a lump to my throat. I cannot believe the inhuman way these monsters are treating you. Yet you're being so brave *hugs* from me to you and your family for getting through this with dignity. I pray that HBOS will finally see sense and leave you alone to spend your precious time with your family.

 

I second this statement.

 

 

 

 

I agree 100%!!!

 

 

Regards, Jeff.

[Jeff2000]

RW&C got cold feet,and lets hope Hx do too, I would simply send Halifax the write it off letter, and attach the paper clipping from a previous post to shame them too. Best of luck

 

 

 

 

Yes, I think this should be your next step!!!

 

Good luck!

 

 

Jeff.

[Jeff2000]

Hello HalifaxPickle,

 

 

Well done! I am really pleased for you!

 

This must be the best news I have heard on CAG for quite a while now!

 

 

Best wishes, Jeff.