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

[citizenB]

Okey dokey... when you first log in at the top of the page where you log in, you will see a small heading 'private messages. You should be registering 1 unread message. That is me sending you the copied letter without the blue background. You just have to open that message and copy and paste as you would normally,.

 

Give my regards to Mrs HP when you see her next.

[HalifaxPickle!]

Thank you-got it okay.

 

She has asked me to send to the Care manager at Halifax-is this correct? Do I send a copy to the debt collectors aswell? Do I send by recorded delivery or 1st class?

[citizenB]

Thank you-got it okay.

 

She has asked me to send to the Care manager at Halifax-is this correct? Do I send a copy to the debt collectors aswell? Do I send by recorded delivery or 1st class?

 

Great.

 

Send to the Care Manager at Halifax by Recorded Delivery.

 

To the DCA, send a copy and mark it as such, perhaps add a note saying. Dear XXXX please find enclosed a copy of a letter I have sent to Care Manager at Halifax today.

 

This copy letter you just need to send by first class post. I would ask at the post office for a Proof of Posting. This is just a receipt for your letter and they will put the name and address of the person you have sent it to on the receipt. Keep it safe with the Recorded delivery slip for the Halifax. It wont give you a proof of delivery, but it will prove that you HAVE sent it.

[HalifaxPickle!]

Thank-you very much.

[citizenB]

I am pleased I could help.

[babybear39]

Give Mrs HP my regards to please.

[HalifaxPickle!]

Morning!

 

Just to say that I have had no more phone calls or letters from BOS. I did receive a letter from Halifax saying that they had not received the letter from my GP. I did send by RD but have checked and it wasnt signed for, so will send another one today. Should I just use their pre-paid envelope and state that I have previously sent one?

 

Thanks

HP

[babybear39]

Good morning

 

If you can afford it, send it in their prepaid envelope but use special delivery which is guaranteed next day delivery.

[citizenB]

Good morning

 

If you can afford it, send it in their prepaid envelope but use special delivery which is guaranteed next day delivery.

 

 

By using the prepaid envelope the post office should knock of the price of a first class stamp

[babybear39]

Yep, they will

[HalifaxPickle!]

Thanks for that. Will get OH to send in the morning.

 

Have just had a text message on my home number to call -01903-704308. I have googled and has come up with Gothia Debt Collection Agency. They have asked me to call them with a ref number which they sent in the message.

 

I dont know of this company....can anyone tell me who they work for or what debt they normally take on?

 

Should I call them or will they write?

 

Thanks

 

HP

[babybear39]

Gothia purchased part of akitv kapitol, who are the parent company of thames credit. Maybe Halifax has passed your accounts to them

[citizenB]

Thanks for that. Will get OH to send in the morning.

 

Have just had a text message on my home number to call -01903-704308. I have googled and has come up with Gothia Debt Collection Agency. They have asked me to call them with a ref number which they sent in the message.

 

I dont know of this company....can anyone tell me who they work for or what debt they normally take on?

 

Should I call them or will they write?

 

Thanks

 

HP

 

Hmmm, dont know them. Will do a google and get back to you on that. DO NOT phone them.

 

LOL, BabyBear got there first:D

[babybear39]

DO NOT CALL THEM, wait for them to write and them send them this excellent letter by CB. You will have to amend it slightly:

 

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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

 

If ***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.

 

Yours faithfully,

[babybear39]

Oh, and report them to TS and the OFT for passing on accounts in dispute. This breaches OFT guidlines and the CPUTR 2008.

[rafael]

As far as I know - the worst that can happen is that if you refuse to pay - they will take you to court for the money and ask the judge to enforce payment - meaning that your assetts would be seized - but let's face it - no judge is going to enforce payment from someone in your situation. You will offer a fiver a month and that will be accepted. Don't worry!

[babybear39]

The worst that can happen is a CCJ. Only then, if you default on the amount ordered by the court for you to pay monthly, could any further action be considered...

[HalifaxPickle!]

Morning!

 

I have this morning received another letter from Halifax in reply to the letter I sent about the CCA not being enforceable.

 

Firstly the apologise for any additional distress or inconvieance I may have experianced in reaching a positive resolution to my complaint:confused: and they are sorry to hear that I still remain dissatisfied with their service. They received my letter on the 24th June 2008 and this letter is dated the 12th July 2008.

 

They have stated that they have sent a true copy of the signed agreement along with the T&C's and this validates the debt I owe them. It also states that it is evident that since signing for the card that spending has indeed taken place to which I have counteracted with repayments of the amount borrowed. On these grounds I have accepted responsibility of the debt and are therfore liable for any remianing balances. Also the bank is obliged to follow procedure in relation to outstanding arrears on my account.

 

They confirm the debt has been passed to BOS on 12th May 2008 and the last payment on the account was 28th March 2008. I have to contact Blair, Oliver & Scott on 0870 2405138 to agree an affordable payment term.

 

They apologise that I have found the need to complain and hope that this letter clarifies the issues I raised with my last letter.

 

What do I do now???? I am tempted to just contact BOS and arrange a low monthly payment as I just dont have the energy to keep doing this. It is my debt afterall and am willing to pay it, its just that I cant afford much each month.

 

We are going away for a few days next week and have my last round of chemo on my return. I am just worrying constantly and am sure its making my health worse.

 

What should I do next?

 

Thanks and sorry to keep burdening you lot with this.

 

HP

[palomino]

I suggest you write to BOS with your proposals. With your letter I would also send a cheque for the amount you propose as an indication of your intent, stating in your letter that you have included a cheque for the first month's payment. It's then difficult for them to refuse it.

 

Do NOT telephone them - especially on a premium rate number.

[babybear39]

If you offer them anything at this stage make sure you include in your letter that you're paying under duress to relieve the stress and anxiety they're causing you. You should also question them as to why gothia have contacted you, and not BOS as they said they were passing to them

[citizenB]

Hiya HP,

 

I am sorry to hear that Halifax have continued to give you such a hard time.

 

Throughout this dispute with the Halifax you have never denied you owe the money and their treatment of you is just too disgusting for words.

 

As BB has suggested, if you are finding the stress is detrimental to your health then make Halifax aware of this.

 

You know how much you can afford. If this were me in your position I would write a letter along the lines of. Jiggle it about so you are happy with it.

 

"Dear Sirs,

 

It has never been my intention to avoid paying a debt I legitimately owe. I requested a copy of agreement to which I am entitled to do, but rather than provide this, Halifax has proceeded to use agents in the form of BOS to bully and intimidate.

 

If my circumstances were different, I would be inclined to take this further. However, Halifax are well aware of my health, this has been confirmed to you both by the Citizens Advice Bureau and my GP.

 

Your recent standard template type letter confirms to me that you are not prepared to treat me as a human being and I no longer have the energy or the will to waste what precioius time I have fighting you.

 

Please note I will not under any circumstances phone your agents, be they BOS or Gothia. I require all correspondence betwen us to be in writing, that way I can prove in the event of any legal action by you or your agents, my attempts to bring this matter to closure.

 

I enclose my I&E and a cheque/postal order for the amount that I can afford. This amount will be sent each month. Please be good enough to advise in writing to whom this is to be sent in future.

 

Yours...

Edited July 15, 2008 by citizenB
missed a bit out. :)

[car2403]

Is the debt unenforceable?

[HalifaxPickle!]

Is the debt unenforceable?

 

I dont know? I posted what they sent me a couple of weeks ago and is a couple of pages back. They sent me T&C's but think it was new ones not old ones.

 

Does that help?

 

HP

[HalifaxPickle!]

Does anyone know how I can word a letter offering a monthly amount?

 

All I can afford is £20pm...do you think this would be OK?

 

Thanks

[babybear39]

There are a few different letters here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Choose the one that most suits, amend and send recorded etc. with your first payment.

 

Good luck and best wishes.