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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Halifax sends CCA fob off letter


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Any help anyone.....?

 

OK... still no reply.. continuing to add interest and now a £12 charge for being a day late on a cleared payment!

 

Having been out of work for 5 months now I need to take some action.

 

What can I/Should I do next? :???:

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I've just had a read through your thread again, as this was an internet application, then it will be hard to fight as Maroondevo stated all they need is a tick box to state that you agreed to the t's and c's. My feeling is that you should reclaim any excessive charges that have been made to the account, and make them an offer of repayment of whatever you can afford, (also did you have any PPI on the card ? - have you tried to claim ?) i'd write to them explaining your situation and ask them to freeze any interest and charges on it.....

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42 Man - Thanks for the reply, however the internet application was A&L not the Halifax.

 

(My fault the thread has become muddled)

 

The Halifax app was by phone and I remember going into the branch to give ID and possibly sigining the application they had printed off.

 

Now Halifax are refusing to provide the documents and keep telling me that they don't need to.

 

My post on the 27 Jan was the last letter I sent, to date NO response from them at all. I am guessing I need to follow up on that... they are still charging me interest, I am not "using" the account and my last payment was a day late attracting the £12 fee.

 

What should I do next?

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SAR's already done (with the £1.00) and CCA request, both of the letters you kindly put in this thread.

 

I am going to send that letter from the thread your suggest to see if they will comply with a pre-legal request.

 

...still wondering if they have actually lost the documents, I know what HBOS are like (worked there not so long back).

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Got a letter from the Halifax on Friday (which is spot on timing from their point of view as I was going to go down the http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html route).

 

So should I give up or proceed as above?

 

 

halifax_feb_2009.jpg

halifax_feb_2009.jpg

Edited by ukmp3
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No agreement, then unenforceable !!! If this account is less than 6 years old, then you could send them the letter in here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear-2.html#post935411

 

Yup account is still active and is 3 years old.

 

I will write to Halifax and request that they send the agreement or zero the account. I will also include a version of http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html (so hit em' with everything in one go.

 

I will post the letter up tomorrow.

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  • 2 weeks later...

Markedcard and pinky1977 your both welcome.

 

I used to work for HBOS so I have a really good idea of how bad they are for getting files out and then not putting them away again.

 

Having said that they should have them on micro file and it takes a few days to pull the record (from my experience).

 

Having said all that it is too much to ask for them to comply with a reasonable and lawful request, it's the fobbing off and stalling that makes me angry and more determined.

 

I will keep you posted.

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Hi ukmp3

 

well i got a response today another copy of an unreadable loan agreement with a folded line down the middle so you cant see any of the figures!!

 

this is the 3rd time they have sent this so im guessing thats all they have

dispite me sending them a letter informing them its unreadable!!

 

sorry for hijacking your post

 

Sarah

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they should have them on micro file

 

I will keep you posted.

 

What you will find is that when they reproduce a copy from microfilm, the text will be too small to read. Therefore, it wont meet the legal requirements of CCA 1974.

 

Regards

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What you will find is that when they reproduce a copy from microfilm, the text will be too small to read. Therefore, it wont meet the legal requirements of CCA 1974.

 

Regards

 

As far as I know (and I used to work there :-|) everything is stored on mico film at an external location... they simply cant keep piles of paper forms as there would be too many.

 

pinky1977 - PM 42man (a few posts back) as he will guide you on where to go next (very helpful)

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Hiya

hows it going?

they are still playing games with me and sending the unreadable agreement lol

3rd time now!! its like pass a parcel

 

Just dont open the parcel! - keep sending it back to them saying "after you Claude"

 

Best of luck

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Hi Toymaker

 

thankyou for your kind wishes

 

in a strange way i find it quite amusing they dont read the letters and still send the same unreadable rubbish!!

 

i also like putting the phone up to the tv when they think its ok to phone when ive asked many a time ,response in writing only please

 

hehe its all fun

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Hi Toymaker

 

thankyou for your kind wishes

 

in a strange way i find it quite amusing they dont read the letters and still send the same unreadable rubbish!!

 

i also like putting the phone up to the tv when they think its ok to phone when ive asked many a time ,response in writing only please

 

hehe its all fun

 

Like me, you and many other people have discovered how utterly incompetent all the credit card companies are. - Now you know how we got into this mess with the banking industry ( of which credit cards are an integral part).

Have you noticed how things like unreadable copies become the focus of a dispute in themselves, and the original, actual, dispute gets totally ignored! - When you eventually get back to the original cause of the dispute, they dont know what you are on about. Amazing!

 

Regards

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hiya

 

yes its amazing these people are in control !! another example of incompetenence last night they phoned i know it was them because i have them in my phone as halifax

but they asked for someone else whos name isnt even similar to my husbands

 

how worrying that they phone up and dont even have the correct details

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Coincidence has caused me some problems today in that I got n updated Halifax CC terms and conditions which in effect is an interest rate hike from 19.5% to 25.5%

 

The "mailshot" tells me I have until the 10/05/2009 to have the account closed, the old rate protected and pay it off.

 

What I need to know is this: as I am disputing it should I act on protecting the rate and closing the account which technically I am disputing in the first place????????

 

:-x

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A good question.....it certainly might be easier in the legal process for you if they attempt to chase a debt where they have NO agreement....I can't advise you on the implications of closing your account....have they sent you a default notice ? and I presume they haven't responded to your CPR request ?

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Not had anything from them, but I did given them until 31/03/09 : 16:00 so a couple of days for them to respond yet.

 

The account is fully up to date, no default and I think only one lot of £12.00 over it's life span.

 

I am looking into it as I lost my job and may go back to retain which will mean not working full time for 3 years (kids, mortgage, wife etc)

 

Credit history so far protected...... oh and i *used* to work for HBOS so maybe I am a little ****ed with them as well ;)

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