Halifax Credit Card

[BubbleCat]

Really would appreciate some help on this please

 

[rory32]

The agreement is completely unenforceable as it contains none of the prescribed terms required.

[BubbleCat]

I've now got the following from IQOR:

 

NOTICE OF LEGAL PROCEDDINGS

THIS IS NOT A COURT DOCUMENT

 

 

I SENT A STOP HARASSMENT LETTER, WHICH THEY RECEIVED ON 16/02/09, YET THEY STILL PERSIST IN CALLING ME UPTO 11 TIMES A DAY:mad:

 

I HAVE RECEIVED A RESPONSE BACK SAYING THEY ARE LOOKING INTO MY COMPLAINT AND WILL BE BACK IN TOUCH WITHIN 28 DAYS.

[Alphageek]

So iQor are now saying they are the Creditor right?

[Alphageek]

Opps, pressed Post too quickly!

 

So, if they are now the Creditor, you should have received a NoA (Notice of Assignment) - have you?

[BubbleCat]

Thanx for the quick response Alphageek.

 

IQOR are acting for Creditor Halifax plc

 

No NoA

[BubbleCat]

As the agreement is unenforceable - what happens next?

[Alphageek]

Yes, sorry I misread the top of the letter in #28.

 

What happens next?

 

I'd send them a Letter Before Action giving them 14 days to refund your charges and when they don't issue a claim in your local court.

 

As Rory says, what they have sent you is totally unenforceable and as they are in default of your s77/78 request they should not be engaging in collection activities and/or adding charges and interest to your account.

 

As this is against the OFT guidelines, I'd report them to the OFT in the meantime.

[maroondevo52]

Hi, Bubblecat.

 

No enforceable CCA, No enforceable debt.

 

You could try sending them this...........

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

 

Regards.

 

Scott.

[BubbleCat]

The CCA request was dated 25/11/08, received by them on 28/11/08, So when would the default date be?

[maroondevo52]

17th December, should be ok.

 

Regards.

 

Scott.

[BubbleCat]

OOHHHHH - Flippin Halifax

 

BEFORE READING - THEY HAVE NOT ENCLOSED A COPY OF THE AGREEMENT & SENT ME A LOAD OF T&C'S - NO SIGNATURES ANYWHERE.