Halifax CCA received is this enforceable

[teaboy2]

no never sign any written communication by hand, alot of creditors and dca will lift the signiture and use it to falsify documents. so never sign by hand.

[sam tyler]

no never sign any written communication by hand, alot of creditors and dca will lift the signiture and use it to falsify documents. so never sign by hand.

 

ok thanks i was worried they may not accept it otherwise, but i`ll just type my name on it.

 

thanks again for all your help, will update the thread once i receive a reply.

[sam tyler]

Hi guys

 

tomorrow im am going to SAR the halifax. I have used the link on here to find the data controllers details which is listed as Bank of Scotland in Edinburgh.

 

Do i make the postal order to halifax plc?

 

Can they refuse to accept it if the letter is unsigned?

 

Sorry if thats a silly question but its the first time ive SAR anyone.

[Dotty50]

Hi Sam,

 

I was advised that SAR is the one letter that requires a signature, as mine was returned by Cap One.

 

All advice given on here is not to sign anything, so I just added a flourish to mine when I sent it back or you can get a Digital Signature from CAG for a small fee to ensure it can't be 'lifted' (as if!)

 

Unfortunately mine didn't work but it was down to my scanner and the document size produced.

 

I personally would make the PO out to the Halifax as they are the creditors (unless anyone can confirm different)

[sam tyler]

ok thanks

 

has anyone else got any opinions on signing/not signing a sar

[firstship]

SAMTYLER........Hi....send your SAR direct to Halifax let them transfer your SAR to their Data Controller who will at some stage acknowledge your request,you will then get their direct address for future letters as I am sure they will not supply all the data you request. Make your Postal Order out to Halifax,sign your letter with a semi printed signature,in general from reading other threads Halifax dont very often challenge the signature.So I think it unlikely they will refuse your request.It has been my experience they will supply,statements and a selection of various letters,if you are seeking the signed agreement copy,if they havent got a copy,they will string you along for months with various replies,at least you will get a fairly good indication they have not got a valid copy,this is some way down the road.Got to say they are not the easiest company to deal with,read other threads based on their response.As its your first SAR remind you cost £10 send letter and postal order by recorded delivery,look at the CAG standard template letter it is very good.....wish you all the best...if I can help I will....ASSURE YOU PLENTY OF GOOD HELP FROM MANY MEMBERS..YOU WONT BE ON YOUR OWN...........Firstship

[mightypotters01]

I have never signed a SAR and always got a proper response although i do understand that some companies try to get out of complying by saying that it is not signed. There is nothing in the DPA to say that it has to be signed.

[maroondevo52]

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my Subject Access Request, may I bring the following to your attention;

 

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office.

 

Yours,

Print name do not sign.

[Aspirante]

subbing

[sam tyler]

had a reply from halifax today,

 

hey stated the sar request has been noted and they will forward the relevant paperwork to me.

 

they also state that they do not have to provide records held in paper format if they do not from part of a relevant filing system.

 

anyway we will see what arrives especially seeing as i never had a default notice.

[Gaznkaz08]

subbing as have a very similar issue with an app form at the minute

[sam tyler]

NEED SOME MORE HELP GUYS,

 

 

just recevied an answer to my SAR.

 

received every transaction statement from this card all information about this account and my bank account and information about them registering the default with the CRA,

 

however 2 things,

 

NO DEFAULT NOTICE (which i knew i never had)

 

The copy of the application form now does not have my partners signiture on it, where the earlier 2 i requested does.

 

What does this mean now that there was no default notice served on me?

 

 

Oh by the way, also received another threatogram from Moorcroft.

[Pinky69]

Banks do not keep copies of Default Notices. They do them on templates. You need to check the history of the account to see if it has anything about a DN being issued.

[sam tyler]

right, ive been through the paperwork

 

i cannot see anything written anywhere about a default notice being issued.

 

they have sent me copies of every statement, copies of statements for when it originally went to blair oliver and scott, copies of my letters and complaints and their responces, but nothing about a default notice, not even on the statements.

 

they have also sent computer print outs of their own departments on some kind of messaging system, where they discuss the merits of taking me to court with the agreement they have.

 

so no defualt notice or termination notice.

 

what do i do next?

[teaboy2]

Hi sam

 

have halifax actually informed you that the account is terminated or is there anything in the SAR that you got from them that shows they have terminated the account and sold it on the the DCA?

 

If so then since they have not issued you a default notice then they can not enforce the Debt as they have unlawfully terminated the contract. And no court in the land can issue a CCJ against you due the debt being unenforceable.

 

So let us know weather they have terminated the account. and then we can advise you of what to do next.

[sam tyler]

they havent informed me of anything, but one of their previous letters states that a default notice was issued previously (thats all it says) but this letter was a general overview of the whole account not actually about a default notice as ive never questioned this with them.

 

i never got one and it says nothing about termination or default notice in the docs i had back today in reply to the SAR

 

i dont know if the debt has been sold on, as moorcroft state they are acting on behalf of their client (halifax)

[angel_1]

hiya sam

am subbing to your thread if i may, it looks very similar to what has happened to me - im going to update my threads tomorrow

 

moorcroft just threaten, and shall be sending a sars request to halifax now to get the upto date info on the account just to see where i stand too

 

i think like others have said, if it was enforceable why dont halifax take you to court instead of sending the account on the merry go round

 

if nothing else ive learnt from cag and its fab posters over the past couple of years, the letters are threats but always be mindful of when any court papers arrive get on here immediately, at least then we can all assist with this serious threat and then ive learnt once the defence goes in - who knows if it ever reaches the court in the end, just keep reading around the forum and knowledge really is power

 

2 years ago i was nearly suicidal with all this but now whilst my credit file is useless at the moment, i know there is light at the end of the tunnel with what ive learnt from cag and its fab members

 

keep positive you are doing really well and always shout out if anything niggles you- thats how we all learn

 

have a fun weekend all laters angel x

[teaboy2]

ok

 

Ive just checked my paperwork,

 

I have a letter form halifax dated 01/07/08 stating that the agreement was ended on 12/03/08 as i was served with a default notice. (i know this did not happen or if it was sent, i never received one)

 

The letter then states as of the date of this letter the full balance of £5,838.42 is in arreares and due for payment

 

When i recevied this letter i knew nothing about default notices and so im only picking up on this now.

 

I genuinely never received one, otherwise i would have posted it on here.

 

What do you think i should do?

 

 

The first letter i have from moorcroft states they have been instructed by halifax to collect this debt but it says nothing about a notice of assignment.

 

I do also have statements sent from halifax dating back to 2003 with every transaction listed, they sent this while looking for the original agreement.

 

Hi sam

 

found this post of yours (above) from earlier in the thread. ive highlighted the part that refers to the account being ended. is their any reference to this date 12/03/08 in tha SAR?

 

if not then we should write to moorcroft asking them for a copy of the notice of assignment which will state weather they bought the debt. if it turns out moorcorft have bought the debt then thats a clear sign that halifax has terminated the agreement. infact if you have still got the letter above then you could state that as prove halifax terminated the agreement anyway. So if they have terminated then we have them for unlawfully terminating the agreement.

 

let us know what you find.

[sam tyler]

Hi sam

 

found this post of yours (above) from earlier in the thread. ive highlighted the part that refers to the account being ended. is their any reference to this date 12/03/08 in tha SAR?

 

if not then we should write to moorcroft asking them for a copy of the notice of assignment which will state weather they bought the debt. if it turns out moorcorft have bought the debt then thats a clear sign that halifax has terminated the agreement. infact if you have still got the letter above then you could state that as prove halifax terminated the agreement anyway. So if they have terminated then we have them for unlawfully terminating the agreement.

 

let us know what you find.

 

 

ok,

 

i have a letter here from halifax dated 1st july 2008 it says,

 

 

01/07/08

 

 

As you had not made the required payments, you were served

with a default notice, your agreement was ended on 12th march 2008 and the full balance owing became due.

 

As such, at the date of this letter, the full balance on your account of £5,838.42 in arrears and due for payment.

 

As the agreement has ended, there is no credit limit in place and no interest is being charged on the debt owing.

 

 

the letter is signed by their operations manager.

 

 

 

in that letter, they clearly state the agreement was ended, yet they state a default notice was issued but i genuinely never got one. I have every letter from them going back to 2008 so i would have had this if it was sent.

 

in answer to your other question i cant see anything about this termination date on the info sent in reply to the SAR and it defiantely doesn't mention default or termination anywhere.

 

 

.

Edited February 14, 2010 by sam tyler

[teaboy2]

ok,

 

i have a letter here from halifax dated 1st july 2008 it says,

 

 

01/07/08

 

 

As you had not made the required payments, you were served

with a default notice, your agreement was ended on 12th march 2008 and the full balance owing became due.

 

As such, at the date of this letter, the full balance on your account of £5,838.42 in arrears and due for payment.

 

As the agreement has ended, there is no credit limit in place and no interest is being charged on the debt owing.

 

 

the letter is signed by their operations manager.

 

 

 

in that letter, they clearly state the agreement was ended, yet they state a default notice was issued but i genuinely never got one. I have every letter from them going back to 2008 so i would have had this if it was sent.

 

in answer to your other question i cant see anything about this termination date on the info sent in reply to the SAR and it defiantely doesn't mention default or termination anywhere.

 

 

.

 

Right its sounds like that is a termination letter as it pretty clearly states that your agreement has ended and they asking for the full balance which they can only do once the agreement has terminated.

 

So i you have all you need to claim that they had terminated the agreement and that such termination was unlawful as they had failed to serve upton you a valid Default notice or infact any default notice.

 

I can not understand why theirs no record of the letter or termination in yur SAR though. so all i can assume is they have not send a complete SAR or they simply very poor at record keeping.

[Pinky69]

There is nothing they can do. There is no agreement and the alleged agreement was rescinded, two reasons why it is unenforceable. You have put the account in dispute so now I would just ignore them.

[sam tyler]

is there a letter i should send them now seeing as there appears to be no default notice?

 

 

if it goes to court what is there to stop them from saying one was sent by them and i must have had it but am denying all knowledge.

 

sorry to ask, but i dont understand default notices or how they work at all.

[teaboy2]

is there a letter i should send them now seeing as there appears to be no default notice?

 

 

if it goes to court what is there to stop them from saying one was sent by them and i must have had it but am denying all knowledge.

 

sorry to ask, but i dont understand default notices or how they work at all.

 

Well thats easy, you stait them to prove they sent it and it was received. And only way thay can prove that is if you signed for it which you could not possibly have done.

 

And if you did get taken to court not only do you get them to state prove of the default notice being sent and received by you. you also make a counter claim against them for unlawfully rescinding the credit agreement.

[sam tyler]

ok so is there a letter i should send them, although knowing halifax they will ignore it and say that doesnt apply to us.

 

one other thing, whats the best way now to deal with moorcroft or is that to ignore them aswell.

 

thanks for all the help with this, i am starting to get less worried about the prospect of going to court.

[Pinky69]

The proof of a DN being sent is proof of postage, which they don't have(you don't have to sign for a DN).