Halifax SAR help

[pinky1977]

Hi everyone

need a bit of advice for my husband , his bills for credit cards and loans were getting out of control all wages on bills nothing to live on. i found payplan , which is now in place , except halifax wont give up even tho they get money like everyone else. hes constantly getting fees default charges etc and interest added on , i sent a sar to them which they took the £10 fee and cashed it , but they havent processed the information requested including a copy of his original contract .

the reason for wanting a copy of the contract is the fees are so varied and for any reason that i want to know if hes even agreed to them , for example a telephone default £20 but noone is willing to explain it they just say oh its in your contract?!!!

please help its so confusing

Sarah

[maroondevo52]

Hello and Welcome, Sarah.

 

When did your husband send his SAR, they have 40 days to comply.

I feel it's always better to send a seperate CCA request. Then they have 12+2 days to comply, if they don't the account is then in dispute.

 

Here's a list of what can be claimed back.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

Regards.

 

Scott.

[pinky1977]

Hi Scott

thankyou ive been a lurker for ages !!! but really needed advice this time

 

sar was sent on the 19th november and signed for on the 20th

cheque was cashed two days after that

 

because he has two accounts with halifax loan and credit card does he have to send two CCA requests

 

thankyou for all your help

Sarah

[maroondevo52]

Hi, Sarah.

 

I'd give them a bit more time to comply with the SAR.

 

Regards the CCA requests, yes I'd send two, letter 'N' in the library, send recorded and don't sign them.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Regards.

 

Scott.

[pinky1977]

Ok

thanks Scott

i will let you know how it goes!!

 

take care and happy christmas

 

Sarah

[pinky1977]

Hiya

well i got the sar it was huge came in a big envelope full of history , but with it came a letter saying things not included and one of the items was a copy of the credit agreement!!

i also sent as you advised .requests for credit agreement on the 29th december had no response back except a letter from halifax this morning saying my husbands account details are being transferred to a debt recovery agent

i dont understand how halifax work they have been getting money every month via payplan but still continue to be idiots , so my question is if they dont produce the agreement their in default but if they did take him to court could they force us to sell the house even tho theres zero equity ?

 

thankyou for your help

 

 

Sarah

[pinky1977]

anyone ?

[maroondevo52]

Hi, Sarah.

 

What sort of account is your husbands.

 

Regards.

 

Scott.

[pinky1977]

Hi Scott

credit card and loan .

loan is unsecured

 

Sarah

[maroondevo52]

Did you CCA for both.

[pinky1977]

yes i did what you said

[maroondevo52]

Hi, Sarah.

 

After the 12+2 days, they have not sent you the CCA, you can send this.......

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, print your name, don't sign.

 

 

 

Edit the letter to suit.

 

Did you count up the charges levied on the Credit Card account ?

 

Regards.

 

Scott.

[pinky1977]

Hi Scott

thanks for the letter

no i havent counted up the charges yet i know it probably runs into thousands , so can they take your property if theirs no equity on an unsecured debt whats the worst they could do if they did produce the credit agreement eventually?

. do you think i should advise payplan to hold back their payment when they have defaulted

 

sorry for so many questions

Sarah

[maroondevo52]

Hi, Sarah.

 

You should start the process of re-claiming the charges, if they come up with the agreement you can use the charges to reduce the debt.

 

Here's the step-by-step...........

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

And this is the template to use for your Letter Before Action........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

Being in debt is not an arrestable offence and you can't go to prison for it. It is a civil matter not a criminal one.

 

The worst thing they could do is take you to court.

 

You have so many rights in a court, for example - the court having to take into account your costs for bills/clothes/food/travel costs which are all classed as essentials.

So the DCA / Bank will end up with £1 per month if anything at all.

Thats why they dont want to take you there, they know this is the case.

If they can threatogram the money out of you so to speak, thats what they'll try & do.

 

Regarding the payments, think that's really up to you, If you continue to pay then if the do produce the agreement, you are still reducing the debt by continuing to make payments.

 

Regards.

 

Scott.

[pinky1977]

Thanks Scott

ive just been through the sar bits and found lots of charges and a copy of the unsecured loan well they printed two sheets completly different amounts of money and the first sheet has a bit of paper folded over like a really bad copy and paste job!! but both are dated for the same day

[rory32]

so can they take your property if theirs no equity on an unsecured debt whats the worst they could do if they did produce the credit agreement eventually?

 

Currently as things stand the account is legally unenforceable. It is unlikely that they have a copy of the agreement (or if they do that it complies with the Act) as they did not send it.

 

If they took you to court without a copy of the agreement then, providing you defend, they would lose.

 

In the unlikely even that they produced a compliant copy of the agreement and took you to court they would get a CCJ for the adjusted amount once the charges had been deducted. As it is a consumer debt you could apply for a time order allowing you to pay by installments based on your ability to pay. This would be set by the court not the creditor or DCA. If you defaulted on the time order they could then apply for a charge on your property. It is highly unlikely that they would pursue a for sale order even if things reached this stage as they would not see a monetary return on the sale and judges generally don't grant them anyway. If you have children then the judge certainly wouldn't grant it.

 

Personally I would be taking a more aggressive stance and suggest to them that they write the debt off and forget about you.

[pinky1977]

I took a pic of both agreements both have different amounts but the same account number and same date but i dont know how to post them

[maroondevo52]

Hi,

 

Try 'photobucket' and remember to omit any personal details.

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Regards.

 

Scott.

[pinky1977]

Image of halifax loan agreement - Photobucket - Video and Image Hosting

 

 

creditagreement003.jpg - Image - Photobucket - Video and Image Hosting

Edited January 10, 2009 by pinky1977

[pinky1977]

Hiya

im not sure if ive done it right but you can see the dodgy cut and paste job

 

Sarah

[pinky1977]

any thoughts ? ;0)

[rory32]

Hi Sarah,

 

The second link I can't read as it's blurred. I assume that's the dodgy cut and paste job.

 

The first one (the application) doesn't appear to have any details other than the loan amount. Is that correct?

 

Have they identified which of these documents they are calling the copy of "the agreement"?

[pinky1977]

Hi Sarah,

 

The second link I can't read as it's blurred. I assume that's the dodgy cut and paste job.

 

The first one (the application) doesn't appear to have any details other than the loan amount. Is that correct?

 

Have they identified which of these documents they are calling the copy of "the agreement"?

 

 

Hi Rory

 

yes the 2nd one has a line that goes thru the middle with amounts that are blurred,

 

the first one application form has the loan amount and repayment period 7 years

wording about protecting payments and declaration

 

information on headers on forms say blurred one is personal loan agreement and other is personal loan application form

blurred form has different loan amount to application form

 

these forms were sent to my husband from his sar

 

Sarah

[pinky1977]

bump ;0}

[pinky1977]

Anyones input would be great

 

thankyou

Sarah