ska1664 Vs Halifax

[ska1664]

Well Robbers way have gone away, but now Wescot have come out to play

 

They have now discovered that I am bemused lol.

 

ska

[PriorityOne]

[joemay]

Subbing as received same from halifax - passed to Bloody orible & snotty.

[111253]

Maybe we are just wasting our time writing all these letters, Maybe we should just send the a letter with the following -FYI _ I AM A CAGGER -DONT WASTE YOUR TIME- Should be enough for most of them to get the message!

[tosh1]

subbing with interest. In the same boat as you

[diddydicky]

http://i420.photobucket.com/albums/pp290/ska1664/HBOS/HalifaxCreditCard4.jpg

 

 

 

 

can i go back to the DN they say that they have DN's you and terminated the agreement whilst still in default

 

no cca

enforcement whilst in default of s78

 

is the DN effective? if it is not they have unlawfully repudiated any agreement that they say they have

 

can you post the DN up if they have done this you need to be accepting their unlawful rescission of the agreement

[findingthecheese]

Subbing too!

 

ftc.

[ska1664]

Wescott were dispatched but now I have the displeasure of iQor chasing, they have also discovered that I am bemused lol

 

I await their reply!

 

ska

[findingthecheese]

Good for you ska!

 

Seems that there are an awful lot of 'bemused' folk (who just happen to have internet access)...!

 

I managed to get iQor off my back only for Westcot to resurface and chance their luck AGAIN!

 

Keep up the good fight!

 

ftc.

[ska1664]

I have been dispatching various DCA's without to much trouble with this account, however I have now been provided with this letter from Halifax ?

 

 

I have seen the statement before reference them claiming to have met the CCA in particular sec. 78, but I am not aware of the court case that they refer to in this letter and their claim that you are required to maintain repayments despite them not complying with the CCA, anyone?

 

I really would like some assistance with this one as I really am not sure of the correct way to deal with this?

 

ska

[42man]

I'm not sure either. I think their letter is however miselading just by virtue of them referring to legal cases...(please send a copy of this to the OFT)...In the meantime I suggest this (have yout tried sending a SAR ?) - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[ska1664]

Thanks 42man for the swift reply. I have already done a SAR and the only thing that was provided was this:

 

 

 

I believe this to be an application form?

 

Should I be considering the CPR route if under both a CCA and SAR they have failed to produce the signed CA that they would need to supply if they want to enforce the alleged debt?

 

ska

[42man]

Hold on....it is illegible and am I right in saying that yor signature is not on it ? or have they/you blanked it out ?

[42man]

Write to them stating what they have sent you is unacceptable and quote this here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146767-illegible-cca-copy-received.html#post1548408

[ska1664]

There is my signature on the document is this going to cause a problem? Also what I can make out on the form it is just an application form there are none of the necessary prescribed terms present?

 

This illegible document was sent via the SAR with a load of other bits and pieces, so do I make reference to the CCA or SAR when writing to them?

 

ska

[42man]

State that the 'application form' that you have in your possession is illegible and does not contain any of the prescribed terms....

[ska1664]

Thanks 42man Will do that and send off letter asap

 

ska

[diddydicky]

mcguffin

[PriorityOne]

They are wrong. A copy of the historic terms and conditions is not enough to fulfill a request under CCA, 1974.... but they have got around it by referring to info. in a later Act. Not a big problem... lots of creditors/DCAs try to pull this one.

 

So, all they can do is ask/intimidate you into paying.... and hope you don't realise. I would therefore thank them for their letter and for their clarification on the unforceability of the account without the original CCA (para 4)..... Say that you will not be contacting their recovery agents because no-one has yet substantiated any legal right to collect payments from you and, until such times as someone is able to produce a true and legible copy of the CCA that you allegedly signed, no further payments will be forthcoming to anyone.

 

By rec. delivery.

 

[ska1664]

I have drafted a letter in response to Halifax please take a look any improvements or comments welcome.

 

 

ska

 

 

 

Dear Sir/Madam,

 

 

I am in receipt of your recent letter dated xxxxx.

 

 

Thank you for your clarification on the unenforceability of the account without the original Credit Agreement.

 

 

Consumer Credit Act 1974 s78 (4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed content

 

 

(a) showing according to the information to which it is practicable for him to

refer, the state of the account at regular intervals of not more than twelve

months, and

(b) where the agreement provides, in relation to specified periods, for the

making of payments by the debtor, or the charging against him of interest

or any other sum, showing according to the information to which it is

practicable for him to refer the state of the account at the end of each of

those periods during which there is any movement in the account.

 

 

(6) If the creditor an agreement fails to comply with subsection (1)—

 

 

(a) he is not entitled, while the default continues, to enforce the agreement.

The application form that I have in my possession is illegible and does not contain any of the prescribed terms therefore under the following:

 

 

 

Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

You had until xxxxxx to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

I will not be contacting any of your recovery agents as no-one has yet substantiated any legal right to collect payments from myself and until such times as someone is able to produce a true legible copy of the Consumer Credit Agreement that I have allegedly signed, no further payments will be forthcoming to anyone.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

Yours Faithfully

[diddydicky]

I have drafted a letter in response to Halifax please take a look any improvements or comments welcome.

 

 

ska

 

 

 

Dear Sir/Madam,

 

 

I am in receipt of your recent letter dated xxxxx.

 

 

Thank you for your clarification on the unenforceability of the account without the original Credit Agreement.

 

 

Consumer Credit Act 1974 s78 (4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed content

 

 

(a) showing according to the information to which it is practicable for him to

refer, the state of the account at regular intervals of not more than twelve

months, and

(b) where the agreement provides, in relation to specified periods, for the

making of payments by the debtor, or the charging against him of interest

or any other sum, showing according to the information to which it is

practicable for him to refer the state of the account at the end of each of

those periods during which there is any movement in the account.

 

 

(6) If the creditor an agreement fails to comply with subsection (1)—

 

 

(a) he is not entitled, while the default continues, to enforce the agreement.

The application form that I have in my possession is illegible and does not contain any of the prescribed terms therefore under the following:

 

 

 

Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

You had until xxxxxx to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

I will not be contacting any of your recovery agents as no-one has yet substantiated any legal right to collect payments from myself and until such times as someone is able to produce a true legible copy of the Consumer Credit Agreement that I have allegedly signed, no further payments will be forthcoming to anyone.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

 

Yours Faithfully

 

they are in breach of the consumer credit act - not your request

[ska1664]

So the following should be omitted?

 

You had until xxxxxx to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute. Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

 

ska

[PriorityOne]

Hi Ska,

 

There's no point in quoting extracts of law to these people; they'll either fling it to one side or plod on regardless. Personally, I'd keep it short and to the point.... something like:

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Thank you for your letter of xx/xx/x.

 

You have once again failed to address any of my concerns, although I would like to draw your attention to paragraph 4 of your letter which confirms that a signed credit agreement would be required before you could attempt to legally re-enforce the alleged debt in question.

 

Since you and your "agents" have continually failed to provide me with this documentation however, any legal right to collect has yet to be substantiated. Therefore, no payments will be forthcoming to anyone until such times as an original Consumer Credit Agreement can be produced.

 

Please note that, should you decide to proceed with legal action in the continued absence of this document, that it will be vigourously defended and treated as both unlawful and vexatious.

 

Yours faithfully,

 

[ska1664]

Thanks PriorityOne your help as ever greatly appreciated.

 

ska

[PriorityOne]

Thanks PriorityOne your help as ever greatly appreciated.

 

ska

 

Sorry.... forgot to include the following para as well...

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Send the letter by rec. delivery...