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CCA/true copy dispute with Haliprats


findingthecheese
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Have you complained to Trading Standards or the OFT regarding the continued use of DCAs having failed to comply with s77?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until-42.html

 

McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

 

One of the few good things to come out of this case seems to be that this action does constitute enforcement.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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subbing...

 

finding, well done so far. I just wanted to suggest to adopt an easygoing attitude from now on. You actually do not have to enter into excessive correspondence with these thugs. Accept that sooner or later you will have to defend yourself in the court. Now this is simply the stage where you collect evidence for your defense.

 

You have more than enough of paper trail with CCA request, failure to comply, account in dispute, following harrasment by them. I think that for now for every new DCA you just need to send them a letter stating the facts and letting them know that the account is in dispute and they are acting unlawfully trying to collect on it. Maybe an occasional anti-harassment letter and occasional reminder about dispute and unlawfulness of their actions. Maybe at some point a letter to OC asking why the hell they continue to harass you by involving DCA's while the account is clearly in dispute.

 

There is really no point to spend any more energy time/paper and money than it is absolutely required for your defense. Let them to take you to court (they most likely will do sooner or later anyway) and be prepared. Meanwhile, simply move on with your life and do not let them to spoil it in any way.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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Hi readalot,

 

Thank you for your advice. You're absolutely right - I no longer have sleepless nights or waste precious days fretting about this. From time to time I do find myself worrying, but I come to this site and always come away feeling uplifted and rejuvenated!

 

I do try to 'let sleeping dogs lie' and usually have a policy of not initiating more communication that is absolutely necessary. However, Westcot contacted me months ago, ignored my letters and then appeared to pass me along to another dca - I really am 'bemused' now that they've contacted me months and dcas down the line! :confused:

 

I try to keep reading other caggers' experiences and advice so that I am armed and ready.

 

ftc

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  • 3 weeks later...

Hi

I hold my hands up to owing DELL computers the princely sum of £150. I told them months ago that I could not pay the required £40 odd monthly payments and so they let me pay £15 per month (through Westcott). I made one payment on line to them in September and because I slipped up and missed October's payment they sent me a 'warning' letter.

Now I come on to my point. I noticed on my bank statement that a company called IQOR have taken out £71 WITHOUT my knowledge!!!! Could this be due to Westcott??

If at first you don't succeed.............................let someone else do it :-x

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  • 1 year later...

Hi everyone!

 

Just as I was about to get ready to sing 'Silent Night' in preparation for Christmas...the letterbox rattles and our 'friends' at iQor decide to remind me that I should be singing 'You spin me right round...'

 

I can't believe it, but after saying that they'd closed the account and returned to the OC they write to me and demand payment!!!:jaw:

So I printed off my 'bemused' letter (again) and received the following:

 

"Thank you for your recent communication regarding the above-mentioned account. We confirm that having been informed of your dispute, as per your letter dated...., we have promptly forwarded all the relevant details to our client, for their urgent attention. Please be assured that we had no intention of causing any upset in our attempts to contact you to discuss repayment of the above-mentioned account. iQor Recovery Services Ltd is acting in good faith and on our Client's instructions in our attempts to collect the balance that our Client believes to be outstanding. We have placed the above-mentioned account on hold."

 

Whhhhhyyyy!!!!

 

ftc.

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Hi spaggeyhoops!

 

Thank you!

 

Stick with CAG and you'll be fine!

 

Perserverance is the key it seems (as well as, plenty of printer ink, paper, postage stamps, an ability to ignore ringing phones, employing the 'broken record technique', a 'fake it 'til ya make it' attitude and any other siege tactics could also be handy)! :madgrin:

 

Good luck also! I'm off to find your thread!

 

ftc.

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  • 5 months later...

Hi everyone!

 

It's been a while! I just wanted to quickly update you all....it had been fairly quiet with just the odd statement containing a half-hearted threat of 'further action'. Iqor were investigating...and still are it would appear! However, I've started receiving telephone calls - which I'm quite happy to ignore.

 

Hope that everyone is well and keeping their heads up in these trying times. :-)

 

ftc

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  • 1 year later...

Hi fellow Caggers!

 

It's been a long time (but I have been visiting and watching with great interest).

 

Not heard much from Haliprats...silly me started to relax....then...

 

1st Credit send me a 'love letter' threatening me with 'bankruptcy proceedings' and outlining the associated implications e.g."...lose control of your assets. This may include your house and vehicle..."

 

Do I have to start the 'courting game' all over again (CCA, numerous letters, ignoring the late night phone calls)?

 

All advice gratefully received.

 

ftc.

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Hi underdog,

 

It's been a while! Good to hear from you.

 

I've been in dispute with Haliprats for years now (but not quite long enough to SB...unfortunately) and therefore ceased payments. Not sure what their current game is...I've just checked Noddle and their details (default record) have disappeared.

 

I've started receiving phone calls again, but could be anyone (as I refuse to answer)!

 

Back to sleeping with one eye open I guess!

 

ftc.

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Hi FTC

 

!st credit have brought my Halifax account to ..apparently they have brought alot of them ..I just sent the dispute letter to them ..They put account on hold then sent the same application that Hali and all the other DCAs have sent with a new agreement that Ive never seen before ..they also sent me statements of accounts( I didnt even ask for CCA or SOA) but I only received 2 years worth of Statements ..

 

Gonna see if they write back then fire off an Email ;)

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every cloud underdog, every cloud!

 

Should I ignore for the time being or send them a copy of the 'in dispute' letter that was sent to haliprats way back when?

 

ftc.

 

Hmmm, I'm not sure what the best course of action is on this one - sorry!

 

If they do go for bankcruptcy - or rather a statutory demand, first, as a prelude - I should think that they would still have to have all their paperwork in order.

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