Default Notice Halifax Credit Card - What shall I do now?

[thereisanotherway]

Thanks S1 - I was interested in your pearls of wisdom - and have been looking at your thread. My CCA request was signed for on 1st October - so they only have until Monday to reply.........

Good Luck!

[thereisanotherway]

Okay, so still no CCA,

letter was signed for on 1st October - have they now failed my request? What should I do now? (other than stop paying!)

Thanks

[tigger725]

Hi, I also have an ongoing non compliance of CCA request going on with the halifax (they basically sent me an application form) , how do I subscribe? and what does that mean, and how do I link my thread here??

 

This thread seems to be just that little further on than my situtation, and would love to follow it through to see what may happen next..

If someone could let me know... TA

[thereisanotherway]

Hi Tigger and Welcome to my thread! (by commenting you have subscribed!). I'm not sure how you link though

Have had a little read of your thread and sympathise with you. They haven't bothered to send anything to me - how long did it take them to send the copy application to you?

I'm thinking of adapting the letter on your thread as they have not complied, as I want to make sure they know the account is in dispute etc.

Have you decided when you're sending yours?

[tigger725]

Hiya.. thanks for replying... Thier letter said that if they didnt hear from me within 8 weeks, then they would presume that I was satisfied that htey had sent the correct documents.. so I think I'll sorta play a little waiting game and leave it till about 6 weeks from date of letter... I know it waent over the 12+2 days, I sent it on the 18th Sept.. i think, and i got letter last week.. Just had 2 more leters today from different depts of halifax, usuall bla bla stuff, you must pay now, phone this number now etc etc.. we take credit cards, debit cards.... BLOOD .. (oops no, I think thats just in my mind..lol)

 

Even the people who phone are getting fed up of me cheerily telling them that I am Ms Tigger and then when they ask thier security questions, I tell them that I will not divulge that information.. they get shirty and a lot of them just say 'well YOU need to contact the halifax, and 'the calls WILL continue'.

 

Ahhh good job I read all this on here 1st otherwide I would be running round like a headless chicken by now !..

[thereisanotherway]

Hi Tigger -

I would send them a letter saying you will only communicate in writing and if they continue to phone then send one regarding harrassment. The phone calls seem to have stopped here - we have caller id so stopped answering anyway, but they still continued to phone 4 times a day, until I sent the letter that 42man posted up earlier in this thread!

Best wishes

[thereisanotherway]

Just received latest statement - still adding interest & late fees 'default sums'. The first page even has a paragraph about 'dispute resolution'!

But still I haven't had a response to my CCA request (signed for 1st October).

Shall I just wait until the 42 days is up before sending them a non compliance letter?

[thereisanotherway]

Thanks 42man, at last a respnse from Halifax - but no £25!

 

http://i443.photobucket.com/albums/qq154/thereisanotherway/halifaxnov.jpg

 

I guess I'll have to just sit and wait 'but certainly no later than 4 weeks'!

[thereisanotherway]

Hi,

 

Halifax have replied today with their version of a response to CCa request!

covering letter:

http://i443.photobucket.com/albums/qq154/thereisanotherway/halifaxcca.jpg

(they don't mention the default notice, balance rising!).

 

This is accompanied by a document proporting to be a copy of Credit Card Agreement Regulated by CCA 1974. Page one says 'Parties' - Halifax and my previous address this single page 'document' is stapled to......

First page of 'agreement' as follows

http://i443.photobucket.com/albums/qq154/thereisanotherway/halifaxcca3.jpg

Funny, I don't remember having a Bank One card! Can't find a date, nowhere for a signature and no signature on behalf of Halifax.

 

Also included is another agreement with my current address on - again no signature etc.

 

So what next?

Edited December 15, 2008 by thereisanotherway

[thereisanotherway]

Just received letter from Halifax, saying that they don't believe telephone calls are harassment and confirming that they have complied with my CCA request!

They have given me 8 weeks to reply, or they will consider the matter closed.

Shall I just ignore this, or confirm that we are still in disagreement?

[tosh1]

Hi thereisanotherway

 

Have you received anything else from Halifax regarding a cca?

[thereisanotherway]

Hi Tosh1 - No nothing else regarding CCA other than what I mentioned in post #34!

[millymollymoo]

Hi,

 

Halifax have replied today with their version of a response to CCa request!

covering letter:

http://i443.photobucket.com/albums/qq154/thereisanotherway/halifaxcca.jpg

(they don't mention the default notice, balance rising!).

 

This is accompanied by a document proporting to be a copy of Credit Card Agreement Regulated by CCA 1974. Page one says 'Parties' - Halifax and my previous address this single page 'document' is stapled to......

First page of 'agreement' as follows

http://i443.photobucket.com/albums/qq154/thereisanotherway/halifaxcca3.jpg

Funny, I don't remember having a Bank One card! Can't find a date, nowhere for a signature and no signature on behalf of Halifax.

 

Also included is another agreement with my current address on - again no signature etc.

 

So what next?

 

Hello:) I hope you don't mind me subbing to your thread. I am exactly the same situation as you with bank of scotland, no default notice ever received but then the same letters except the one that states they have terminated the credit agreement is from Blair, oliver, scott and not bank of scotland and the same crappy complaint letter saying ' we are sorry you are unhappy...blah..blah 4 weeks' [still waiting for their reply:rolleyes:]

 

and thenthe same credit agreements no signature box, signatures or dates anywhere and

 

then a monthly credit card statement after termination still processing the account as normal.:confused: emm its terminated cannot process the account now:rolleyes:

 

amazingly similiar but then the same stupid company arent they HBOS!

 

Milly X

[davey77]

Blair, Oliver and Scott are the in-house debt Collection dept for Halifax. (One and the same people in other words.)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102011-blair-oliver-scott-bank.html

 

I would reply to their 'this will be closed in 8 weeks if we don't hear from you' letter. Doesn't seem like they have supplied you with a properly executed agreement so a nice letter and complaint to Trading Standards will be a good start

[angel_1]

hello thereisanotherway (a nice name easy to type up lol)

 

im angel

 

i hope i can subscribe to your thread too, as im in battle too and it appears ive had the same letters, ive responded to them already with a dispute and complaint and getting lots of calls now too

 

however, ive pulled the plug on the one phone so i dont hear it, how quiet the house is you do realise its harrasment when you cant even have a bit of peace in your home from the constant phone calls

 

anyway im going to pinch the letter from 42 man id had it before im sure but lost it on my word program so thanks

 

good luck and lets all keep in touch,

 

laters angel x

[davey77]

Just received letter from Halifax, saying that they don't believe telephone calls are harassment ....

 

How many calls we talking about? This may be of interest and a complaint to OFCOM might be required? Have a look see:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173678-aic-telephone-harassment-ofcom.html#post1873847

[thereisanotherway]

Hi Davey, Thanks for the link. Since I don't answer the phone calls, I didn't fit into the standard online complaints, so I have sent a letter with logged time calls to OFCOM to see what they say. It's Monument that seem to be the worst - including loads of weekend calls (but that's another story!)

 

Received a request for payment from Blair Oliver and Scott - to which I'm sending the standard 'account in dispute.. refer to OC' letter.

 

Also a response from Halifax 'The Bank is not required at this stage to provide a copy of the signed agreement, as this is only required to enforce the debt in court. The Bank has fulfilled it's requirements under The Consumer Credit Act and will not be providing anything further. the Bank also does not agree that the account is in dispute, as you have not provided any valid reason'....blah blah. So they continue to add interest and fees.

 

What can I say to that?!

TIAW

[davey77]

Looks like they are one step away from admitting outright that they don't have the agreement and cannot enforce the debt. Pity they don't the integrity to be honest enough to go that far.

 

Time to get tough with them. Have you complained to TS?

 

I would say along the lines of the post i made here earlier:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/174582-bartez-marbles-2.html#post1999410

 

They have not complied with the CCA and i would send a strong letter telling them so. If no joy thereafter i would go down the CPR 31.16 route and then an LBA in fast succession (reasonable time limits applying.)