Halifax are jokers

[pinky1977]

Thanks findingthecheese

 

halifaxcc001.jpg picture by alfiepompom - Photobucket

[pinky1977]

update

 

halifax have now passed the debt on to blair oliver scott

they stil havent produced an agreement so i sent bos the bemused letter

and bos thought they would text this morning asking for hubby to call

 

what do we do now ? just wait till they reply in writing to the bemused letter

[pinky1977]

no one replied to the bemused letter , halifax sent the rest of the sar and to top it off addressed the envelope incorrectly

the sar has a copy of a unreadable credit card application form again!!

 

i sent the halifax a complaint letter regarding the address mix up

of course no response just phonecalls

 

what should i do now?

[creditcardmug]

Well at least you now know that they would lose any properly defended court claim.

 

Ignore them for now( i presume you have stopped paying), they will start passing it around the DCAs, just send each one the bemused letter

[pinky1977]

yes they stopped getting their money ages ago

 

they dont bother me now

i feel like i want to challenge them and if they hav got these so called agreements let me view them at my local brach

[creditcardmug]

yes they stopped getting their money ages ago

 

they dont bother me now

i feel like i want to challenge them and if they hav got these so called agreements let me view them at my local brach

 

The only way you can challenge is in court, you can bring the action yourself using the CCA or wait for them to do it

[pinky1977]

lol will sit back and wait then

 

i will keep the situation updated

 

thanks pinky x

[pinky1977]

update today

 

nice letter from halifax

apparently under section 77 they do not have to produce a copy with the signature on

so they have sent a copy of agreement with all details on but no signatures or dates.

 

the funny thing is ive already seen the orginal loan agreement as its unreadable with lines going thru the middle so you cant see the figures and prescribed terms.

i recevied that when i did a subject of access request and again when i did a cca request

 

what do i do now ignore and wait for blairoliverscott again?

[spartathisis]

I have just sent this ti Mint awaiting reply;)

 

Customer Service

PO Box 5747

Southend-on-Sea

SS1 9AJ

Account in Dispute

 

Dear Miss

Ref: Mint Visa Ref:

 

Thank you for your letter of 9/4/09, the contents of which have been noted.

 

You appear to be under the impression that you have sent “a true copy” of an agreement, when in fact you have supplied an Application Form that contains many discrepancies that render it unexecuted under English Law *1, 2, 3 , 4 & 5. Therefore this account has become unenforceable at law as you have failed to provide a copy of an executed and enforceable agreement. RBS/Mint therefore cannot lawfully pursue any enforcement activities. The lack of a properly executed Consumer Credit Card Agreement is clearly a reason for the account to be in dispute. 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.

 

You have also failed to provide any information held on your computer systems e.g. screen grabs of account details, these were requested at the same time and should be provided under s 7 of the CCA. I find it hard to believe that you do not hold any information about me on your computer system!

 

Please note you may also consider this letter as a statutory notice under s 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 those held 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.

 

The reason for this demand is that you have not proven that I have given my permission to you to process my data. It is not sufficient to simply state that you have a ‘legal right` as without my written permission you have no right to do this. I refer you to *6, for the consequences of processing data illegally to the detriment of a persons credit rating. You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I will accept this as your agreement to remove all such data by yourselves and those held by any credit referencing agencies.

 

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. Please inform your recoveries department of this fact.

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 would also point out that yet again I have received letters from RBS/Mint that have not been sealed and open to public scrutiny. This is a breach of guidelines as set out by the Information Commissioners Office.

 

If you are not sure of anything contained within this letter I would suggest you take advice from your local Citizens Advice Bureau or trading Standards office.

 

Yours faithfully

 

*1.

Dimond v. Lovell [2000] UKHL 27; [2000] 2 All ER 897; [2000] 2 WLR 1121 (11th May, 2000)

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

*2.

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

33. In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them.

*3

CCA 1974

s.61

"(1) A regulated agreement is not properly executed unless -

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner”

*4

CCA 1974

S.127

Enforcement orders in cases of infringement

(1) In the case of an application for an enforcement order under -

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)."

*5

The Vice Chancellor Lord Justice Chadwick in the Supreme Court of Judicature Court of Appeal (Civil Division) on Appeal from Epsom County Court (HHJ Hull)

Wilson v First County Trust [2000] EWCA Civ 278 (3 November 2000)

26. The question arises from the terms of s.61 (1), 65 and 127 to which I have referred in paragraphs 9 and 10. It is apparent from the terms of s.61 (1) that there are several grounds on which a regulated agreement may be "not properly executed" so as to require enforcement by court order under s.65. The restrictions on such enforcement contained in s.127 are in two forms; the first (s.127(1) and(2)) leaves it to the discretion of the court, the second contained in s.127(3) is an absolute bar if the regulated agreement did not contain the prescribed terms.

*6

Judgement of SHERIFF J K TIERNEY

Durkin v DSG Retail & HFC Bank PLC (May 2008)

 

120. The cases of Kpohraror, King and Wilson were all based on contract but it does not seem to me that there is any difference in principle between the nature of damages to be awarded in respect of a loss of credit brought about by a breach of contract, and one brought about by negligent misrepresentation.

 

121. I find that the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss flowed sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

[ska1664]

Hi pinky thought I would catch up with your thread

 

See you are having fun & games with Halifax. Their conduct and behaviour is a joke and they have still failed to provide me with anything other than an application form. I see you have had the same thing just an application form from them.

 

So far been through Halifax, Blind, Orrible & Stupid & now despite account being in dispute Robbers Way.

 

 

All the best

 

ska

[tosh1]

subbing

[pinky1977]

Update today!!

 

 

2 letters oh i feel special

 

1st letter says they dont have to send a copy of the agreement unless they want to legally enforce it?

 

2nd letter says they dont have to provide a true copy under section 77

but if i want to send a cheque for £10 for a sar i can have it!!!!!!!

 

funny thing is and they should know ive already done the sar hence how i know the loans totally unreadable

[Undercover-Elsa]

Dear me!

Are they getting so skint they're scrubbing around touting for £10 SAR fees to pay the wage bill? LOL

They'll be checking down the back of the settees next...

[pinky1977]

Lol you could be right!!!

 

i cant believe how useless they are

[k9gemma]

Hi

If they are harrassing you with phone calls remove your phone number from there records. they don't like it but have to comply. Much easier to deal with them i writing on your terms also try contacting halifax customer care dept. They do listen unlike there other dept

[pinky1977]

hiya

 

they dont harass with phonecalls they just like getting their friends blair involved

[pinky1977]

update today

 

got a letter from blair oliver and scott today notice of intended court action dated the 13th may full balance due by 20/05/09 yes today lol!!

 

what do i do next? wait till court papers come thru and send a cpr request?

its regarding a credit card they have never sent a agreement only a unreadable application form , they have been sent a sar request and cca request and thats all they have produced

 

thankyou for your advice x

[pinky1977]

bump x

[Undercover-Elsa]

Hi Pinky,

I believe that as they have threatened Court Action you can send the CPR request now, but am bumping this up for you for more expert advice from the morning shift.

Regards,

Elsa x

[pinky1977]

Thankyou nurse elsa

 

hopefully someone else can let me know if i should send the cpr request

would i send it to blair or halifax?

[pinky1977]

bumping again for advice

 

 

thankyou x

[tosh1]

Hi Pinky1977

 

i had the same respone from Blair Oliver. i sent them a cca request and basically told them that the cca request that halifax sent me was not enforceable and had many discprencies.

 

If Blair Oliver want to enforce legal action which they proberbly won't because they have no paperwork you would win.

 

Hope this helps.

 

Tosh1

[Undercover-Elsa]

Hi Pinky,

if its Blair threatening legal action I'd send them the CPR plus an account in dispute letter stressing that the illegible application form you have been sent does not fulfill your CCA request, and would not be admissable in court should they try to enforce the debt.

Elsa x

[pinky1977]

Hi Tosh1 & nurse elsa

thankyou for your helpful advice

blair claim they have been instructed by halifax as regards to court action .

halifax and blair have been sent account in dispute letters but it doesnt seem to make any difference

but i will send a cpr and another account in dispute to blair

 

and keep this updated

 

pinky1977

[pinky1977]

Well

today recevied another court threat from blair this ones the loan ,

so many times ive asked for the copy of the agreement and all they have ever sent is an unreadable agreement with lots of figures missing

 

yet again dated the 26th may amount due by the 02/06/2009

but of course recevied letter today the 1st of june , are they allowed to do this or is it just done to scare you ? ive kept the envelope and dated todays date on the top.

 

pinky