Jump to content


Halifax & M&S Credit Cards


Pab10
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4863 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

I have received the following 2 letters this week, both regarding the HALIFAX Credit Card.

The first one is from Blair Oliver & Scott (who are now telephoning me a couple of times a day. If/when I answer I do not answer the security questions, and get their names & their line managers names!).

I have scanned & uploaded it...http://i408.photobucket.com/albums/pp165/NikNaks35/200811%20H%20CCA%20Response%20and%20BOS%20Letter/200811BOS.jpg

The 2nd letter is the Halifax's response to my CCA request...http://i408.photobucket.com/albums/pp165/NikNaks35/200811%20H%20CCA%20Response%20and%20BOS%20Letter/200811HalifaxCCAResponse.jpg

As you can see they have not sent me any copied documents.

 

To BOS I think I should respond with a CCA request, and telephone harassment letter.

 

And to the Halifax I think I should response saying that they have not responded properly to my request, still in default etc. etc.

 

What are your thoughts please? Thanks.

Link to post
Share on other sites

Hi BB,

Thanks for your input.

Just to let you know I have sent out 2 new letters; 1 to BOS reminding them that Halifax had not supplied CCA, a/c in dispute etc, & 1 to H referring them to my previous letters (CCA request, default-disputed account etc.).

I'll update when/if I get a response, from either BOS, H or M&S.

Thanks again.

Link to post
Share on other sites

Hi Everyone,

 

This week I received the following documents from the Halifax, in response to my CCA request.

 

This is the covering letter.

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR1.jpg

 

 

This one has my personal details (erased)

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR2.jpg

 

 

This one I have signed (erased)

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR3.jpg

 

 

There are no signatures or personal details on any of the next 8 copies.

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR4.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR5.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR6.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR7.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR8.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR9.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR10.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR11.jpg

 

 

And the following eight also hold no personal details or signatures.

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR12.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR13.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR14.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR15.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR16.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR17.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR18.jpg

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR19.jpg

 

 

As i see it I have been sent 3 CCAs, but none of them are proper. The first is signed by me but not the Halifax. The other 2 CCAs are unsigned by either party.

Could someone please help me with a response.

Many thanks.

Link to post
Share on other sites

Having refreshed myself reading through other threads I now realise a simple response to the H CC, reminding them that what they have sent me is not a proper contract, & pointing out that the account is still in dispute etc. will suffice.

I have so many other issues going on at the moment I sometimes can't see the wood for the trees!

I'll post this tomorrow.

 

So (and this is for my benefit as much as anyone else!) both the H and M&S credit cards have not supplied proper CCAs, and have been told this by me.

Both account remain in dispute & unenforceable.

I will update when/if I hear from them.

Many thanks.

Link to post
Share on other sites

  • 1 month later...

Hi All,

 

Since my last post I have received & replied to a number of letters from the Halifax, Blair Oliver & Scott, & M&S Money.

I have replied to them all stating the account is in dispute, and unenforceable etc.

 

Today I have received the following 2 page letter from the Halifax...

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20090114/20090114%20H%20CC/20090114HCC1.jpg

 

and

 

http://i408.photobucket.com/albums/pp165/NikNaks35/20090114/20090114%20H%20CC/20090114HCC2.jpg

 

They are basically telling me that they have complied with my request and that this is their final response.

 

My question is, do I now complain directly to the FOS?

 

Could someone please take a look at the letter and let me know what they think, thanks.

Link to post
Share on other sites

In regards to the covering letter (first one on post 31) and their similar latest response they are completely correct! But, it's cleverly worded and they have left out something very important in that, although they have complied with s78 of the consumer credit act they have forgotten to mention that although that means they have fulfilled your request under the Act what they NEED to take this to Court is an original and signed credit card agreement containing the Prescribed Terms within the body of the signature document.

 

Looking at the covering letter from before:

 

"As requested i enclose the required documentation to demonstrate a fully executed agreement...". If there was a Full Stop after that sentence then they would be wrong but, they go on to say "under section 78 of the Consumer Credit Act 1974."

 

You see the Act doesn't state you must be supplied a Properly Executed Agreement containing signatures ect ect so they HAVE complied.

 

Then:

 

"a copy of the Credit Card Agreement...". Again a Full Stop here and nothing more would be wrong technically, but they go on:

 

"..which complied with the requirements of the Consumer Credit Act 1974 ("The Act") and the relevant regulations made pursuant to that Act..."

 

They then mention the Consumer Credit (Agreements) Regulations 1983 which pretty much say that when a consumer (Pab10) requests an Agreement under the CCA 1974 they are within their rights not to supply anything containing your signatures.

 

This does NOT mean though that they have a document that will stand up to scrutiny in a Court of Law but merely that they have fulfilled their obligation to your request.

 

I would go and read this thread which should clarify matters:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Personally i would not bother with the FOS. They won't uphold a complaint re the CCA as i and others have found out and it will take 8-9 months for that decision alone. You are better off trying Trading Standards in the first instance and reply either with a letter thanking them for complying with the CCA1974 but what you require is a document that is currently enforceable in a Court of Law: A properly executed Credit Card Agreement containing all the Prescribed Terms and Sigs within the body of the Signature document etc or follow PTs thread as above and go down the CPR Court route. Have a read of that thread tho! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

This one I have signed (erased)

http://i408.photobucket.com/albums/pp165/NikNaks35/20081121%20H%20CC%20CCA%20Response/HCCCCAR3.jpg

 

As i see it I have been sent 3 CCAs, but none of them are proper. The first is signed by me but not the Halifax. The other 2 CCAs are unsigned by either party.

Could someone please help me with a response.

Many thanks.

 

s61 CCA - Signing of agreement:

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

That page i would say, to be properly executed, should contain both signatures (as described above). Which means they should have sent a copy back to you that had been executed (signed by Halifax) and if not then they don't have enough IMO.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hi davey77,

 

Thank you for your insight.

 

I've read (& reread!) the thread link you kindly posted, and considering that my 'goal' is to be in a good position to offer a F&F settlement, I think (for now) a letter to them thanking them for what they've sent and reminding them of what I specifically want, whilst at the same time complaining to Trading Standards, is the best way forward for me.

 

With this in mind could I please post my draft letter for you to check over before I send out?

 

Thanks again.

Link to post
Share on other sites

Sure thing. I'm sure others will be along to give their input as well. Also, i wouldn't mention F&F just yet.. let them think they are not going to get anything out of you are you are going to be a tough cookie to deal with. Might get a lower F&F that way, you never know :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hi,

 

OK, so i've stopped writing drafts, and now think that the following short response is all I need to say to them at the moment.

 

Complaint Reference: ***

 

Account Reference: ***

 

 

ACCOUNT IN DISPUTE

 

Dear ***,

 

Thank you for your letter dated ** January, the contents of which have been noted.

 

Thank you for complying with the CCA1974, but what I require is a document that is currently enforceable in a Court of Law.

 

The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

***

 

Could someone please give me their thoughts before I send. Thanks.

Link to post
Share on other sites

Short and to the point but why not eh. Sometimes long letters feel overly done. You wonder if they bother to read any, let alone the really lengthy ones quoting numerous different regulations.

 

Be interesting to see how they respond to that. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

hiya im subbing if i may pls Pab10 as i think im soon right behind you as im disputing the halifax and bos too, even though they have terminated my bos, but am still awaiting on their replies

 

im awaiting on trading standards to call me so i can arrange an appointment to see them on all my issues

 

anyway good luck for the time being

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • 2 weeks later...

Hi Angel 1,

please sub away.

 

Davey,

Thanks for the continued support.

Just been reading up on UK26s threads. Fascinating!

 

Just to let you know, I sent the letter, to both M&S & Halifax.

Awaiting replies & will post up when I get them.

In the meantime M&S have passed debt over to Collect Direct. I've been responding with the appropriate letters.

 

L8R.

Link to post
Share on other sites

  • 1 year later...

Hi,

I'd like to ask a question regarding removing defaults associated with the Halifax and M&S.

 

Since my last post I have had numerous dca's chasing me over these debts, sometimes up to 3 different DCAs at the same time! I respond to all of them with the 'rather bemused', 'telephone harasment' and 'coming to my home' letter templates.

In summary neither the H or M&S had enforceable agreements, but this did not stop me continually getting harassed by these DCAs. I have made attempts for a F&F settlement, but didn't receive a response.

 

I recently did a credit check and noticed defaults posted by both the Halifax and M&S. There are also several searches by Wescott, recently and on multiple occasions.

Can I get these defaults cleared from my file?

And why are DCAs doing multiple searches on my file?

Should I be making official complaints regarding the H, M&S and the DCAs?

Any help or suggestions would be greatly received.

 

Many thanks.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...