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

[HalifaxPickle!]

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.

 

Thanks Babybear

 

 

Gosh...there are so many...which would you recommend:confused:

[Chalkitup]

Hello HalifaxPickle,

 

Just to recap ....

 

The agreement / application form they have sent you is unenforceable.

 

I agree with others on here that you have been treated in a very bad way. However Halifax can not enforce this debt with the document they have sent you.

 

But this just shows the way these creditors work by constant threats and misleading information.

 

It is up to you of course HalifaxPickle how you wish to proceed.

 

 

 

Onwards and Upwards

 

Chalkitup

[havinastella]

HP,

 

I know it's hard at times, but stick to your guns. They don't have a cats chance in hell of enforcing that agreement.

 

I haven't read the whole thread but have you tried this letter

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter dated 16th June 2008.

 

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Now nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

 

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

 

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading .

 

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

 

I respectfully request a reply within 14 days of the date of this letter.

 

Yours Sincerely

 

 

 

 

Don't give in to these b@stards.

 

 

X X X X X

 

 

Jogs

[HalifaxPickle!]

This is the letter I sent:.....

HBOS Plc/FAO: Mr J S Mann

PO Box 607

Trinity Road

Halifax

HX1 2UJ

24th June 2008

Dear Mr J S Mann

 

Account Number:

Complaint reference:

Thank you for your letter dated 19th June 2008.

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section

(2)

35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the

form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of

which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

yours faithfully

[citizenB]

Nice one HP.

[HalifaxPickle!]

That was the letter I sent 3 weeks ago and the letter I had yesterday from halifax was in reply to this. So what do I do now?

 

Im really confused.

 

HP

[Chalkitup]

Hello HalifaxPickle,

 

Basically Halifax have not sent you the correct documents to enforce this debt. They are playing the game of bluff ..... this is exactly what the creditors do .......... they mislead and confuse people.

 

I realise your health problems but I for one would not like to see them win this battle because of the way they have treated you.

 

People with more knowledge will no doubt soon come along and either agree or disagree with me but I would suggest you send an "account still in dispute as agreement not received" letter and let them see that you are no pushover and know exactly what you should be receiving from them.

 

By the way where they have written ... "It is evident that since signing for the card that spending has indeed taken place to which you 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" ...... is irrelevant because at anytime you can ask for proof you owe the debt and without the proper document they can not enforce.

 

Onwards and Upwards

 

Chalkitup

Edited July 16, 2008 by Chalkitup
Whoops got confused!!

[babybear39]

Hi HP, don't you have a contact at Halifax? If so, go through them and make a formal complaint.

[HalifaxPickle!]

Hi BB

 

I did make a formal complaint and have a complaint ref number. That letter was sent to my contact at the Halifax and the reply I received yesterday was from the contact there.

[babybear39]

Well it seems you're being given the run around. Is it 8 weeks since you complained?

[xxorlsxx]

Hi, get in touch with "watchdog" you may get them in your corner. Also if you are on benefits and you are terminally ill (so sorry to hear that) then offer them £1 per month, no court in the land will make you pay more than you can afford. If they do take you to court the magistrate may order them to write off the debt.

One more thing, ask your local CAB if they have outreach workers who can come to your home.

Good luck...

[HalifaxPickle!]

I complained on the 24th June 2008.

 

What do you think I should do next?

 

Thanks

[babybear39]

They have 8 weeks to answer your complaint in a satifactory manner, if they don't, complain to FOS who will charge them £400 + for the pleasure of investigating.

[Dorabell]

hi Halifaxpickle i would not bother sending your letter back to that address the corispondence do not ever get there i am haveing the same trouble .every time i have track and trace its not showing up:mad: and thats been way back in april, royal mail are looking in to i am not holding my breath thou if this helps try this one (BANK OF SCOTLAND CUSTOMER RELATIONS PO BOX 29112 DUNFERMLINE KY112ZX )

[HalifaxPickle!]

So what do you all think I should do next?

 

We are going away for a few days and would like to send off something before we go. Is there another letter I can send to Halifax?

 

Thanks

[babybear39]

Have you reported them to Trading Standards for their harassing, mis leading and contradictory behaviour?

[HalifaxPickle!]

I havent no.

 

TBH, I just want it all to go away. I dont have any energy atm.

 

Is it worth sending a letter to Halifax and if so, which one?

 

Thanks

[babybear39]

I think, at this point in time, you need someone to intervene on your behalf. Trading Standards can do this. They're easy to contact via consumer direct. I'm disabled and my local TS came to visit me at home within 2 days.

 

Here's the contact details:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[HalifaxPickle!]

Hi

 

I have returned from my lovely holiday to another threatning letter from BOS stating that they are now passing me for court proceedings. Is there a letter I can send them? Should I contact the CAB again and ask if they can contact on my behalf?

 

I have also received another copy of my CCA from Halifax..the same one which someone said wasnt enforcable????? This time no T&C's? They just inlcuded that this was because I sent in a complaint.

 

I am totally confused and dont know what to do. I am back in hospital tomorrow evening for 2 days.

 

I have left a message with TS but have had no reply from 2 weeks ago...should I call them again and what do I say to them if I actually get tot alk to a real person?

 

Any help and advice appreciated.

[babybear39]

This has gone TOO FAR!!!

 

By all means contact CAB and TS again but I really now think you need to get your MP involved ASAP

[Chalkitup]

Hi

 

I have returned from my lovely holiday to another threatning letter from BOS stating that they are now passing me for court proceedings. Is there a letter I can send them? Should I contact the CAB again and ask if they can contact on my behalf?

 

I have also received another copy of my CCA from Halifax..the same one which someone said wasnt enforcable????? This time no T&C's? They just inlcuded that this was because I sent in a complaint.

 

I am totally confused and dont know what to do. I am back in hospital tomorrow evening for 2 days.

 

I have left a message with TS but have had no reply from 2 weeks ago...should I call them again and what do I say to them if I actually get tot alk to a real person?

 

Any help and advice appreciated.

 

Hello HalifaxPickle,

 

No need to be confused by their actions ......... This is exactly what they want ....... as most have witnessed on CAG ...... these creditors and DCA's work on the assumption that if they make enough threats and mislead enough people in the end some will give up and begin to crumble.

 

The agreement / application form they have sent you is unenforceable.

 

I would not send any letters at present to them ..... They have eight weeks to answer your complaint ..... just keep all the letters and envelopes they send to you and note the date they arrived.

 

You are following the correct procedure ..... which will always be in your favour.

 

Onwards and Upwards

 

Chalkitup

[HalifaxPickle!]

Hello HalifaxPickle,

 

No need to be confused by their actions ......... This is exactly what they want ....... as most have witnessed on CAG ...... these creditors and DCA's work on the assumption that if they make enough threats and mislead enough people in the end some will give up and begin to crumble.

 

The agreement / application form they have sent you is unenforceable.

 

I would not send any letters at present to them ..... They have eight weeks to answer your complaint ..... just keep all the letters and envelopes they send to you and note the date they arrived.

 

You are following the correct procedure ..... which will always be in your favour.

 

Onwards and Upwards

 

Chalkitup

 

In the letter received by them on the 12 July 2008 they state that the complaint has been resolved. They state that the bank has sent everything needed (CCA & T&C's) and this validates the debt I owe.

 

The account has been passed to Blair, OLiver & Scott and that I need to contact them regarding payment.

 

If I dont contact them within the next 8 weeks then they will consider this matter dropped, or I can ask them to give me details of the Financial Ombudsman Service.

 

Is there a blunt letter I can send back stating again how the debt is unenforceable and how and how I am not happy with their resolution and that BOS are still contacting/threatning me even though the debt is still in dispute???????

 

I have also received another letter from BOS stating that Halifax have instructed them to commence court proceedings.

 

Any help appreciated.

 

Thanks

 

HP

[babybear39]

Hi HP, they cannot commence anything when an account is legitimately in dispute and they know it

 

Send them this courtesy of SC, use the bit in blue if they've sent you documents which don't fulfill your CCA request:

 

I refer to your letter dated xxxx, the content of which is noted. I do not acknowledge any debt to you or any company you claim to represent. All communication must be in writing.

 

On (date) I made a formal request pursuant to s.78 of the Consumer Credit Act 1974. Your client failed to comply fully and properly, and so remains in default. Therefore, the provisions of s.78 (6) apply, and your demand for payment is unlawful.

 

[The only document that your client supplied, which they averred was the credit agreement, did not comply with s.61 of the Act, which renders the agreement unenforceable by virtue of s.127(3).]

 

Clearly, the alleged debt is disputed. Your client has been provided with full details, but has failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on Debt Collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

Take notice that if you intend to send a representative to my home, I will not offer an appointment; any visit would therefore be contrary to the OFT Guidance and also CPUTR).

 

Yours etc.

 

Add a line about the court threats and that you will report them for this as it can be veiwed as pressurising you into payment whilst the account is in serious dispute.

Edited July 30, 2008 by babybear39
forgot a bit

[HalifaxPickle!]

Thanks for that.

 

Is that letter to go to BOS? Is there a letter I can send to Halifax to keep the complaint going...Im am still soooooooooo confused.

 

Thanks

 

HP

[babybear39]

Send that letter to BOS and send a copy with a short letter complaining to halifax.