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About to kick off with Halifax...Help needed...


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Hi,

 

I have a Halifax CC which my (now) ex-husband forced me to take out. I used to use it for household expenses and had a debt on it that was paid from the joint account. To cut a long divorce story short, we separated 2 years ago and he stopped all payments to it in December and I started with CCCS in March.

 

I sent CCA and S.A.R - (Subject Access Request) towards the end of June. I also sent a harassment letter a few days later as I was getting so many phone calls and I didn't want my daughters answering. All letters have stated I will only communicate in writing.

 

The CCA 12+2 was up last Wednesday and I have had no reply.

 

They replied to the harassment letter and I will post this up later on. The issue that I am having problems with is the S.A.R - (Subject Access Request).

 

I received a huge envelope of computer printout statements yesterday, but I am at a loss as to how to interpret many of the pages. Can anyone help???

 

I am confused as to what the banks can charge.

 

They have a large number of CASH ADVANCE CHARGES £3.25 or £2.00. Does anyone know what they are and if they are "fair"?

 

LATE FEES £12.00

 

They don't add up to that much (I haven't added them up yet).

 

The situation at the moment is that they have answered the harassment complaint very poorly. There are contradictions, problems with the truth and other inconsistencies. They sign off "rest assured that all calls have now been stopped for 4 weeks. I have had 3 calls today!!!!!! Aaaggghhhh

 

I have been overloaded with information on here, but I feel so much more empowered. I am looking forward to dealing with this, although it seems to be taking over my life at the moment.

 

Any help / suggestions would be most welcome.

 

Sparkles

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Hi Sparkles,

 

I may not be able to help with everything, but hopefully some of the following will be useful. Are CCCS still dealing with this for you? If they are, you might want to take over yourself.

1. CCA. As the 12+2 days are up, you could now stop payments. Personally, to be on the safe side, I waited until the extra 30 days were up. If they still haven't supplied anything by then, ask for more help if you need it, otherwise post up whatever they do supply (removing personal details) and let some of the forum experts have a look at it. How long ago did you take out the card?

 

2. I'm not very good on charges reclaims, so I'll leave this to someone else to answer.

 

3. If you're not satisfied with the response to your harassment letter, send another one, marked 'Complaint', spelling out exactly what you disagree with and mentioning that you are still getting calls. Have a look at my 'Complaining to the FOS' thread for ideas of how to word your complaint and which bits of the OFT debt collection guidance are relevant. If you're not sure, post up your draft for suggestions/amendments by other members.

 

You will get all the help you need to deal with these idiots on here, so don't be afraid to ask about anything that you don't understand 100%. Better to ask a seemingly daft question than make a mistake.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi,

 

I am going to send this letter tomorrow, could someone give me some feedback please?

 

Dear Ms ********,

 

Thank you for your letter dated *********, the contents of which are noted.

 

I am concerned that your reply does not adequately address any of the issues that I raised in my letter to you dated *******.

 

To summarise:

 

  • You sincerely apologise for the distress and inconvenience that your company’s harassment has caused me.

  • You deem it appropriate that when I made you aware of my financial hardship that you enter a 7 month period of adding charges and interest to my account, thus sending me into additional hardship.

  • Even though you are aware that the account is in dispute through a request under the Credit Consumer Act 1974 you believe it lawful to continue making charges on the account, charging interest, registering a default notice and transferring the debt to a debt recovery team.

  • You assure me that all collections calls and letters have been held for the 4 weeks following your letter on ********.

I will summarise my concerns:

 

  • You have addressed me as *******. This is after I have provided you (as part of the letter ****** you are replying to) with a copy of Deed Poll.

  • You say that as I can only afford to make payments lower than the 1% limit that is your company policy that a long-term arrangement is required. You then go on to say that you set up an informal arrangement for 3 months. Please explain how this is “long-term arrangement”.

  • You go on to say that this situation continues for a further 4 months while charges and interest are applied to the account. Please explain how these charges are “fair”. I would ;like to know exactly what costs that you incur and also how this constitutes a “long-term arrangement”.

  • You go on to say that after the 7 months has passed you transfer the debt to Blair Scott Oliver and that I should begin making payments to them. Please explain how this is a “long-term arrangement” with you and also how you deem this acceptable when the account is in dispute.

  • In my letter paragraphs 5 and 6 I made you aware of Office of Fair Trading guidelines Section 2.8 k. I informed you that I was making a formal complaint and requested that you confirm that you will now comply with the Office of Fair Trading guidelines, and will not attempt any further collection activity whilst the dispute is unresolved. Please explain your position on this matter.
     
     
  • You have made me an assurance that all collection telephone calls and letters have been stopped for 4 weeks. Please explain how it is that I have continued to receive telephone calls from you:

10th July 2008 ****

****

****

****

11th July 2008 ****

****

****

12th July 2008 ****

13th July 2008 (Sunday) ****

****

 

  • This harassment must stop. Please set out exactly how you intend to address this.

  • I will remind you that as a holder of a Consumer Credit Licence, you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore ask again to provide me with an explanation as to why you are attempting to collect on an alleged debt which is in dispute with Halifax Bank, and has yet to be resolved.
     
    I expect a full and frank response within 7 days.

Yours faithfully,

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Letter sounds fine. I would demand that they remove your telephone number from their records and state that you will only communicate from now on in writing.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Letter sounds fine. I would demand that they remove your telephone number from their records and state that you will only communicate from now on in writing.

 

Thank you Goldlady,

 

letter ammended, although I will say "for the fourth time I will only communicate in writing!!!"

 

Sparkles

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1. CCA. As the 12+2 days are up, you could now stop payments. Personally, to be on the safe side, I waited until the extra 30 days were up. If they still haven't supplied anything by then, ask for more help if you need it, otherwise post up whatever they do supply (removing personal details) and let some of the forum experts have a look at it. How long ago did you take out the card?

 

You will get all the help you need to deal with these idiots on here, so don't be afraid to ask about anything that you don't understand 100%. Better to ask a seemingly daft question than make a mistake.

 

Hi,

 

I received a reply to my CCA request from BOS today. It "looks" like a properly executed agreement but I would value a second opinion!

 

I will post up in a minute...it is a bit long!!

 

Sparkles

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BOS CCA Reply.pdf

 

BOS CCA Reply 1.pdf

 

I am guessing that the first document is an application form and the second an unsigned credit agreement drawn up in the last few days. It is addressed to my present address which I have only lived at for a few months!!

 

Could anyone point me towards a definitive thread that demonstrates that we can stop paying if there is no Credit Agreement?

 

Thanks all...

 

Sparkles x

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I am really not an expert on agreements, so hopefully someone else will come along and check this out. If not, post a link to your thread on this thread :- http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-605.html asking for help.

 

In the meantime, if I'm correct the first document is a credit card application. However it appears to have all the prescribed terms, so it could be enforceable. I presume it does have the address etc that would have been relevant at the time.

 

The second document has me baffled. What is it for? Does it have any personal details at all, or is it just the latest varied terms and conditions for the credit card above? The charges set at £12 imply that it is recent terms and conditions. If so, do the original terms and conditions contain a clause allow them to be varied? I bet they do, but I didn't check when I was looking through it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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[attach]3217[/attach]

 

[ATTACH]3218[/ATTACH]

 

I am guessing that the first document is an application form and the second an unsigned credit agreement drawn up in the last few days. It is addressed to my present address which I have only lived at for a few months!!

 

Could anyone point me towards a definitive thread that demonstrates that we can stop paying if there is no Credit Agreement?

 

Thanks all...

 

Sparkles x

 

Sparkles is that really it? Have you erased personal information on this or is that exactly as they sent it to you?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Sparkles is that really it? Have you erased personal information on this or is that exactly as they sent it to you?

 

Regards.

 

Fred

 

Hi Fred,

 

I erased all personal info, but only names, serial numbers, finance figures etc. Otherwise thats it. The secon I have literally only taken my present name and address off...

 

Thanks for looking, much appreciated.

 

Sparkles

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Hi Fred,

 

I erased all personal info, but only names, serial numbers, finance figures etc. Otherwise thats it. The secon I have literally only taken my present name and address off...

 

Thanks for looking, much appreciated.

 

Sparkles

 

Sparkles, when you say the second, are you referring to the 8-page document - the one headed 'Credit Card Agreement ....'?

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I'm sorry to have to tell you but the agreement looks 100%

 

it has the prescribed terms

 

credit limit

rate of interest

repayment schedule

 

Anything else is just wishful thinking, they could take it to court and get it enforced without worrying about it

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Yes...

 

:(

 

So they are trying to tell you that the 'agreement' between you and them hasn't been signed by you?!!!!!

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I'm sorry to have to tell you but the agreement looks 100%

 

it has the prescribed terms

 

credit limit

rate of interest

repayment schedule

 

Anything else is just wishful thinking, they could take it to court and get it enforced without worrying about it

 

rgds

 

Dave

 

Sorry Dave do you mean the credit application or the credit agreement. The first was siogned by me, but I am not sure if it has prescribed terms. The Agreement (second 8 pager) was written this week and not signed by either of us?

 

Is it the first that you think is enforceable...?

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Fred

 

the application / agreement was signed and looks to be enforceable.

 

the other terms etc were the present day t&c to comply with the law

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Sorry Dave do you mean the credit application or the credit agreement. The first was siogned by me, but I am not sure if it has prescribed terms. The Agreement (second 8 pager) was written this week and not signed by either of us?

 

Is it the first that you think is enforceable...?

 

The first agreement / Application is the enforceable agreement

 

the application includes the precribed terms

 

the rest is just garnish

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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The first agreement / Application is the enforceable agreement

 

the application includes the precribed terms

 

the rest is just garnish

 

Dave

 

Thanks Dave,

 

Bad news of course, but thanks for the second opinion.

 

Can you tell me exactly where the prescribed terms are? I have another here from Crap1 and need to interpret.

 

Thanks again.

 

Sparkles

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The first agreement / Application is the enforceable agreement

 

the application includes the precribed terms

 

the rest is just garnish

 

Dave

 

Dave,

 

Sorry, I'm only looking at the 'agreement'.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Am I going mad here? All I can see on the first document is a letter from Halifax and a second page that is completely blue.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Thanks Dave,

 

Bad news of course, but thanks for the second opinion.

 

Can you tell me exactly where the prescribed terms are? I have another here from Crap1 and need to interpret.

 

Thanks again.

 

Sparkles

 

 

****EDIT**** oops sorry......did you mean What legal document they are in...or where are they on your doc?

 

anyway explanation below

 

you need to read "the consumer credit (agreements) regulations 1983"

They are on the mid/top left just underneath you name etc

 

terms 1 - 6

 

begining with we will choose your credit limit and notify you etc

 

as long as somewhere on the doc you signed (not necessarily on the same page) there is a statement about

 

credit limit (or we will choose one)

interest applied to the account

and how you make repayments (ie 5% of balance or a minimum of 5 pounds)

and what sort of repayment schedule weekly monthly yearly or we will tell you

 

Its not that hard to comply .....but loads don't.

 

its always worth a try

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Am I going mad here? All I can see on the first document is a letter from Halifax and a second page that is completely blue.

 

Fred

 

Hi Fred,

 

Your PC ois playing tricks, the second page of the 2 page document is the "Application" or credit agreement... Not sure which.

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They are on the mid/top left just underneath you name etc

 

terms 1 - 6

 

begining with we will choose your credit limit and notify you etc

 

as long as somewhere on the doc you signed (not necessarily on the same page) there is a statement about

 

credit limit (or we will choose one)

interest applied to the account

and how you make repayments (ie 5% of balance or a minimum of 5 pounds)

and what sort of repayment schedule weekly monthly yearly or we will tell you

 

Its not that hard to comply .....but loads don't.

 

its always worth a try

 

Dave

 

Hi Dave,

 

You were right, I needed to know which bits on that agreement just to be sure.

 

Now that really IS bad news. It has taken a month to work out how to get these vultures off my back...and they come up with a valid agreement!!! Just my luck, B***ards!

 

Anyway. Thank you for taking time to help. I really appreciate it. At least I know now. Forewarned is forearmed!

 

Sparkles :)

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Hi Fred,

 

Your PC ois playing tricks, the second page of the 2 page document is the "Application" or credit agreement... Not sure which.

 

Sparkles, that is a bit weird. I've got the full version of Acrobat - that is the default for pdf files on my PC. When I opened it in Reader I could see the application form. Now I understand and now I feel a bit of a dummy! At work I'm labelled a 'specialist' in this sort of thing!

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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So here we have a BOS agreement from1994, WITH the prescibed terms, and i have one from 2004 WITHOUT the prescribed terms, how does that work?, 10 years on and they decide to do the opposite of what the CCA says?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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