Halifax credit card now 1st credit

[RedVixen]

hi Shebelle

 

Tjhe OFT have a complaints link on their website which I used, TS don't know - FOS I phoned them up to give basic details and they then sent a form partially completed out to me

[SHELBELLE]

Hi Red

 

Thanks for that, I was reading on here on the compalining to the FO thread, but I must say it looks like a wee minefield!!!

 

I have a few days off of work from Thursday so will go on to the relevant websites to see their procedures.

 

Thanks again

 

S.B.

[SHELBELLE]

Hi all...an update albeit rather confusing!!!

 

I sent Halifax the letter as recommended by Pelham asking what the annual rate of interest was and what the monthly rate of interest that was applied to the account and they have responded with the attached.

 

I also received a further set of terms which show a different rate of interest to what was(in my opinion) pasted on to the back of the application form!!! I believe that they are trying to cover their backs??? Surely the interest rate should be the same on all the sets of terms that they keep sending out? Anyones opinion much appreciated.

 

1st Crud sent me a letter on 08.04.09 stating their intentions to start legal proceedings(see attached), I note the if's and may's that are used.

 

1st Crud then send me their complaints procedure(see attached) the next day, this is in response to my telephone harassment letter.

 

I don't think I need to bother with responding to 1st Crud re legal proceedings or complaint.

 

However I really would appreciate it an expert could give me some advice on the interest rate angle??

 

As always any comments or help are greatly appreciated.

 

Many thanks

 

S.B.

[SHELBELLE]

Hi all

 

I decided that I must really complain today about 1st Crud and Halifax so have wriiten to both OFT and my local TS.

 

I finally found some brilliant template letters on here and used them to my advantage!!

 

I will update when I hear anything.

 

 

S.B.

[SHELBELLE]

Hi all

An update...

 

Having sent the complaints to OFT and TS, I have received a reply from 1st Credit in response to my telephone harassment complaint. It is their final response.

 

They state that they purchased the debt on xx Dec, this agrees with Halifax's NOA, however Ist Credit introductory letter is dated about 2 weeks after this, my question is, is this relevant?

 

They state that they have only made 9 call in 20 weeks and that this will not breach section 40 of the Administration of Justic Act 1970. Well there has certainly been m,ore than 9 calls, so I must get my telepone log out. The then go on to say that they have removed my telephone number HOWEVER they have the right to contact me in teh futre by telephone if I do not communicate with them!!! So are they going to hide my number for later???

 

They state they have sent T & C's, which I agree with as have about 5 sets of them, two with different rates of interest on!!!

 

They want me to contact them to settle this long overdue debt...yeah right!!!

 

 

Any comments on this would be most appreciated. i have already complained so just wanted some input about the NOA and 1st Credit's letter.

 

many thanks

 

S.B.

Edited May 7, 2009 by SHELBELLE
INCOMPLETE

[42man]

I'd refer back to the OFT/TS about the number of calls made....they obviously don't know how many they have made, it is hardly difficult to record the amount of calls with an automated system which they have. This will be noted by the OFT too....I don't think the NOA and its timing is of any consequence SB...

[42man]

SB...did you ever get a default notice ?

[SHELBELLE]

Hi 42Man

 

Thanks for your info.

 

I did receive a default notice way back in Dec 2007, that was before I with the CCCS and before I CCA'd them.

 

 

S.B.

[SHELBELLE]

Hi all

 

I have received a letter from OFT and they are asking for my signature as permission to disclose complaint to 1st Credit/Halifax.

 

Does anyone kow if this is 100% safe, I am sure it is just a formality but the signature reuest makes me a little paranoid!!!

 

Any comments gratefully received.

 

Thanks

 

S.B.

[SHELBELLE]

Hi again

Just wondered if anyone had complained to OFT and recieved a signature request to enable them to disclose complaint to the DCA?

 

Many thanks

 

S.B.

[SHELBELLE]

Bumping

[SHELBELLE]

Hi all

 

Well 1st Credit have passe this on to LCS Solicitors, who MAY commence court proceedings against me!!!!

 

Just wanted to know are LCS 1st Credits inhouse Solicitors?

 

Thanks

 

S.B.

[babydoll0141917]

Hi Shelbelle

 

yep LCS are the inhouse solictors

[SHELBELLE]

Babydoll

 

Thank you.

 

So the bemused letter wouldn't apply really?

 

Any advice or shall I sit and wait for the pending court action??

 

cheers

 

S.B.

[SHELBELLE]

Hi all

 

LCS appear to have sent this back across the office to 1st Credit.

 

Kind considerate people that they are they have wrtiten to me introducing their "DEBT HELP TEAM".They state that their Officers are available to discuss the matter with me in a COURTEOUS and CONSIDERATE MANNER.

 

If they do not receive a reply within 14 days then they will assume that I do not wish to discuss this matter.

 

They thank me for taking the time to read their letter!! How do they know I have received it if normal post???

 

Just wish they supplied the correct documents then they could have a token payment!!!

 

Any recommendations would be appreciated.

 

Thanks

 

S.B.

[SHELBELLE]

An update

 

Decided to email 1st Credit reminding them that they shouldn't be pursuing me for the disputed debt and that all copies of their correspondences are being forwarded to OFT & TS. Was told they have requested my statements!!! Told them to refer to their client as was not anything to do with statements. Got a response in BLOCK CAPITALS making me aware that THEY own the debt etc etc and pay up or they will bring legal proceedings. Replied by saying please commence legal action to which i received a reply "noted" thanks!!!

 

Haven't heard a dickie bird for 10 days.

 

Guess I sit and wait to see the next course of events.

 

S.B.

[SHELBELLE]

Forgot to add that OFT replied to my email, they say "THAT THEY WILL TAKE INTO ACOUNT THE FURTHER INFORMATION THAT I HAVE HELPFULLY GIVEN THEM AS THEY CONTINUE TO MONITOR THESE TRADERS FITNESS TO HOLD A CREDIT LICENSE".

 

Sounds like they are watching 1st Credit very closely and just goes to show that we must all complain if anything is to be done about these DCA'S!!!

 

S.B.

[lilly white]

i have read through the thread again however please forgive me where are we.

 

i have look at the cca again and i see the issue concerning the holes.

 

also i see there was questions in regards to apr was this answer,

 

I am presuming that you disputing the Actual CCA IS THIS CORRECT or are looking for other areas to attack.

 

regards lilly

[SHELBELLE]

Hi Lilly

 

The holes were down to me, filing then copying afterwards.

 

The issue with the CCA is that it appears very much to be a copy and paste job, the terms are not included on the signature page, they do not state the annual apr and they have sent sets of t&c's and there are discrepancies regarding the apr. I also have a 3rd differing rate being quoted by 1st Credit. Also the late fees differ in the t&c's sent.

 

I have slight concerns over the DN which appears to be 1st Credit heading their own paper with Halifax details.

 

Thanks

 

S.B.

[SHELBELLE]

Whoops I meant NOA not DN, my apologies.

 

 

S.B.

[diddydicky]

Whoops I meant NOA not DN, my apologies.

 

 

S.B.

 

just been reading this thread

 

now it may be cos its late and my eyes are tired but can we go back 50 years to the beginning

 

one of the letters you posted was a demand (although blanked out i could see the figures) and it looks to me like a demand for the FULL amount of the account

 

Ok so this is a termination letter

 

but WHERE is the DN that would have preceded this to make the Termination letter (for that is what a demand for the full amount represents)

 

can we see the DN and that first leetter demanding full payment posted up again

 

if the DN was defective then you may have been missing an un lawful rescission of contract (and no debt left to pay!)

 

as i said its late and i may have missed it!

[SHELBELLE]

Hi DD

 

Yes you were up very late last night, but thanks for your input.

 

I am attaching the following: ~

 

1) DN

2) 1ST letter from BOS demanding full payment (one of many)

3) Halifax NOA

4) 1st Credit assignment letter

 

As you can see the DN gives 14 days, I was under the impression that it should be 14 plus postage, your comments would be appreciated.

 

The other query I have is the assignment letter from 1st Credit introducing themselves to me and informing me that Halifax has assigned the debt to them, I am not 100% sure if this is correct, so again your commwnts would be welcome.

 

 

Thanks again

 

S.B.

Edited June 16, 2009 by SHELBELLE
EDIT

[vint1954]

Ah, Good old Charlotte Gurnell.

 

If the dates on the default notice give only 14 days, with no time allowed for postage, then it is faulty. ( 2 days for first class 4 days for 2nd ) They have then obviously terminated by assigning to 1st Credit and requesting the full ballance. Oops. This will mean when the time comes, they can only go for the outstanding amount in the DN.

 

Was the DN issued while the account was in dispute?

 

Did Halifax ever supply an agreement?

 

Vint

 

P.S. Garden of England is the best place to be.

[SHELBELLE]

Hi Vint

Ok I thought that I was correct with the dates on the DN, thank you. I think I understand the comment about the balance amount. Obviously if their CCA is deemed to be enforceable in court;).

 

Dn issued prior to dispute:mad:

 

CCA attached in post no 31.

 

Any further comments are much appreciated.

 

 

Thanks

 

S.B.

[vint1954]

Hi Sheebelle,

 

I have just read back through the thread.

 

The situation with the DN, is that now they have terminated the agreement, on the back of a faulty DN, if and when it gets to court, they will only be allowed to claim the outstanding amount within the DN. If the outstanding amount in the DN includes charges, then this is also incorrect. They shoot themselves in the foot all of the time.

 

They will have to produce the origonal signed document in court. If not, challenges can weaken their case. The agreement that they have sent to you, looks fairly poor. They appear to have reduced the T&C's to fit the rear.

 

Vint