Halifax CCA received is this enforceable

[sam tyler]

Hi guys,

 

well despite their last letter stating their final descision was pay up in full or its court action without further notice, today i received a letter from their litigation dept.

 

This states NOTICE OF LEGAL ACTION and goes on to say that in order to avoid court action i must either pay the full balance of £5,738.42 within 14 days or telephone their 0870 number to discuss the account further with an operator, in regards to suitable payment options.

 

It then states that should this matter go to court, i will be liable for the banks legal costs and i could end up with an attachment of earnings / a charging order for the property / bakruptcy / and a warrant of execution being served on me.

 

from reading between the threats it appears as if they are offering me a re-payment proposal, although im not sure if Halifax are known for going through with their court threats.

 

the only thing concerning me is that i dont end up in court disputing the missing terms and conditions with a judge that has shares in Halifax.

 

Are there any other similar cases to this on here that resulted in court action, as i am considering whether to make them a cheeky offer or say to hell with it and risk going to court.

 

Any advice guys?

 

thanks

[Pinky69]

Have they issued you with a Default Notice? They cannot demand the full balance unless they do. If they haven't issued you with a DN, don't tell them they haven't. Remember they don't have an agreement to take you to court with.

[42man]

Sam....did they ever send you a default notice ? termination notice ?

[sam tyler]

i know they registered the defualt with a credit reference agency in March 2009.

 

i have been checking through my paperwork all of which i kept but cannot find any default notice although i must admit i thought i had one, but if i had it would be with the other paperwork.

 

i have got 2 photocopies of the credit agreement which each have 2 seperate lots of terms and conditions paperwork with them, both of

which are completely different from each other so i am assuming they are one current terms and one from when the card was taken out in 2003.

 

the original one sheet agreement makes no reference to terms whatsoever.

 

 

i also have a letter from them stating that even though my details are incorrect on the agreement (it states married when i never have been and retired when i was 29 years old and on benefits paid into the halifax and also states my total outgoings are £5 per month including a mortgage of £30,000) that ultimately it was my responsibility to ensure the details were acurrate and the bank accepts no fault for this.

 

 

Another point of interest is my partner at the time had no knowledge of this account yet her signature is on the agreement as an authorised user. In the seperate terms and conditions it only states my name and bank of scotland on the contract details and not hers.

 

there seems to be a fair amount of inacuracy on the agreement and with the seperate terms and conditons i may just be tempted to tell them to go to court.

[sam tyler]

after reading some threads on here someone in a similar situation was told to send their creditor a letter to remove the default with the credit reference agency as the debt was unenforceable.

 

can i do that in my case? and does anyone have a link to this letter?

 

thanks again

[tosh1]

subbing. I'm in the same boat as you just a bit behind thats all

[joemay]

Thanks Sam for looking in on my thread. I will be watching your with interest.

 

All the best:)

[Aspirante]

ok thanks for the advice,

 

is there a letter template here that i should be sending them or just the letter of complaint as you suggested?

 

should i just state that although they feel this account is not in dispute i feel that it is and i will be complaining to OFT as what they have sent me does not contain all the required information etc..

 

thanks for all your help so far.

 

does anyone here have a history with halifax and know what their next move is likely to be?

 

I had exactly the same letter in December, I have not responded to it and I haven't heard from them since

[tosh1]

Hi Sam

 

Any further news on this?

 

Tosh1

[Aspirante]

Yes, a few weeks ago, I received a letter from Halifax informing me that the debt has been sold to Lowells. On the same day I got a letter from Lowells telling me that they have bought the debt and that I should contact them without delay. I have had two further weekly letters from them but as yet, I have not responded.

[cerberusalert]

Send Lowells this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[tosh1]

subbing

[count orlok]

Halifax keeping writing to me say that "not entitled, while the default continues, to enforce the agreement" does not mean they are not entitled to collect the money!

[sam tyler]

I will keep udating this thread

Edited November 12, 2009 by sam tyler

[sam tyler]

this has now been going on for about 2 years but due to some great advice on here regarding missing terms and conditions on the agreement, i`ve managed to fend these off until today.

 

 

i`ve now recevied a letter from halifax, enclosed is a copy of the same credit card application form minus any prescribed terms and conditions,

 

however accompanying it, is an A4 sheet with completly illegiable printed scribble on it, pertaining to be terms and conditions.

 

 

Halifax state in the letter that "these terms would have been on the reverse of my original agreement".

 

Well it`s taken them nearly 2 years to state that one.

 

 

Anyway the rest of their reply is below .

 

 

 

""This agreement is good and lawful under English law."

 

"You do not dispute that the debt exists, but argue (wrongly) that the agreement is unforceable on statutory grounds. Your argument about enforceability is not the amount owed. In the circumstances there are no grounds for payments to be stopped. You have accepted responsibility for this account and are aware of the requirements of the agreement to maintain payments to the account."

 

"Please contact us to arrange a repyament plan."

 

"If no proposals are forthcoming within 7 days from date of this letter, we shall have no alternative but to proceed with legal action."

 

 

What do you think guys? this is the first time they have mentioned terms on the reverse of the agreement, is this a bluff?

 

any ideas what letter to send them next? as i only have 7 days.

 

 

Below is the link to the original document i recevied which people on here stated was unenforceable, however it seems halifax are now playing the "terms on the reverse" card.

 

cca scan picture by samtyler_album - Photobucket

[mr.ton]

Tell them that this is what payment would have looked like

 

[sam tyler]

I`m actually starting to wonder if they have the original document or just a microfilm copy.

 

thing is, when i`ve disputed the terms missing before, they never came back at me saying they are on the reverse, so why now?

[Bazooka Boo]

I would re-inforce to them that the account is in dispute, what they have provided you with is an application form, it clearly states this at the top of the document.

 

There just playing silly buggers, trying to brow beat you into coughing up for an unenforceable debt.

 

If they even got it into court with that paperwork, they would most likely be charged for the wasted time!

[sam tyler]

Right then to all who are interested,

 

Today I recevied a letter from Moorcroft stating that I have until the 14/11/09 to agree a payment schedule with them otherwise it`s court action time.

 

I thinks it`s time I started feeling very bemused.

[sam tyler]

Another update for anyone following this thread.

 

I sent a letter to Moorcroft telling them that the account had been in dispute since April 2008. i had no reply from them at all.

 

However today a new credit card statement shows up from Halifax which is the first ive had in nearly 2 years, it has full balance of £5,738.42 and states that ive failed to make a minimum payment.

 

It also includes a giro slip and says payment due by 14/12/09.

 

 

What are they playing at? obviously Moorcroft chickend out, but this seems like a new strategy from Halifax.

 

Any ideas?

[mkb]

Sam

 

There are new regulations that state the 'debtor' must receive an annual statement of account regardless of it's position so nothing to worry about.

 

If Helifax were so convinced their 'agreement' was enforceable, I'm sure they would have taken legal action against you before now rather than sending onto the DCA merrygoround

[tosh1]

ivd had one of them too. i just ignored it.

[sam tyler]

ok, thats good to know

 

I`ll just wait if see if Moorcroft write back to me.

 

Anyone know what these guys are like to deal with?

[mkb]

They have some scary (NOT) depts such as Pre-litigation Dept who write letters outlined on their special red paper

 

Remember they are only DCA's so the golden rules apply:

• make them prove you owe the money
  
• only correspond in writing
  
• make them prove you owe the money
  
• never talk to them on the phone
  
• make them prove you owe the money
  
• never talk to them on the phone
  

Last but now least:

 

• make them prove you owe the money and
  
• never talk to them on the phone!
  

 

• 
  

[sam tyler]

ok thanks,

 

then I guess the fight continues.