Halifax £12 Credit Card charges

[Livis]

Robinson way wrote back thanking me for my letter but say they are satisfied that the document they provided is sufficient to demonstrate liability.

 

I ignored this and i now have another letter headed immediate action required (oooohhhhh)

 

What do i write back?? I told them why the CCA was improperly executed and unenforcable in my previous letter

[Livis]

I write with regards to your letters dated 29th January and 25th February 2010.

 

I would like to advise you that I have noted your comments that you are satisfied that the documents provided are sufficient to demonstrate liability and you will not enter into repetitive correspondence regarding this.

 

With this in mind I would like you to note your files that I am satisfied that the documents you provided are improperly executed and unenforceable as they do not comply with the Consumer Credit Act.

 

I also will not be entering into repetitive correspondence regarding this unless any new information is brought to my attention.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the Halifax for resolution of these defaults and breaches, as Robinson Way cannot lawfully pursue any enforcement activities.

 

If Robinson Way chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours Faithfully

 

 

 

any comments are appreciated xx

[davey77]

personally i like to take a tougher more aggressive stance than that but it's fine and what ever you are most comfortable with. Nothing wrong with that at all.

 

Maybe you'll get a reply.. maybe not.. just sit back in the sunshine and see

[diddydicky]

not sure that you are quoting 127 (3) in the correct context there

[Livis]

Hi Davey, thanks for your comments, Diddy i appreciate any advice you can offer me, if i've made a mistake?

Livis xx

[diddydicky]

s127 is not a defence to a creditor not being able to enforce due to failing to comply with s78

 

just take out the reference to s127 and you will be ok

[Livis]

Hello all, long time since I last posted on here!

Mackenzie Hall are now on the case with this one. Such a long time since I've dealt with this I'm feeling a little over-whelmed by it all.

If anyone else has any experiences of Halifax agreements like my one above, I would love to know if you have been successful in dealing with it x

[babydoll0141917]

I remember you ..:)Good to see you back I have the same APP as this ..mine is now with 1st credit....Still no nearer court action ..I received a SARS back from Halifax and 1st credit have concerns also with the T and Cs on the back ..they are so small and I cant even read them with my reading glasses on ...They have tryed to get halifax to buy the debt back on a few occasions..and Halifax have said no ..This has been going on since 20008..Deffo nothing to worry about me thinks..Halifax would not of sold it on if it was Enforcable and would not of offered me a 40% discount befor they sold it..mine will be SB next March ..

[Livis]

Hello

Only just seen your reply. I've just posted on one of your threads too lol

I think because I've been off of the site for so long, I'm a bit scared going back into battle with all this again.

Feeling like I've lost my nerve

I think I need to write back to Mackenzie Hall and re-iterate again that due to the terms not being in the 4 corners of the agreement and the fact that it looks like a copy and paste job on the back I believe it is improperly executed and therefore unenforceable.

Does that sound about right ? xx

[babydoll0141917]

LOL..Ive just replied on my feed

 

there are lots wrong with the Applications ..No codes match ...theres no reference to the T and cs being on the back ..Def a copy and paste.

 

Yep Just send a letter along them lines ,see what they come back with then reply,,thats all I have done

[Livis]

Thankyou my lovely, will send it off tomorrow xx

[babydoll0141917]

OK.. ..I always feel better when I reply ..at least they can never say we have ignorned then ..Look forward to your update xxx

[Livis]

:violin:Hello all,

I have received a letter back from 1st Credit, saying my letter was forwarded to them by their agent Mackenzie Hall.

 

they state... " With regards to your comment about the terms and conditions it was only due to practicalities in the photocopying that separated the terms and conditions from the agreement form. The terms and conditions were on the reverse of the agreement that you signed.

We do not agree with your assertion the document does not contain prescribed terms therefore we would ask you to please substantiate your claim.

We do not consider there to be a valid dispute outstanding and therefore look forward to receiving your proposal for settling the balance within 14 days of the date of this letter".

I really don't know how to reply now?

Can anyone help me please ?

Thankyou

[babydoll0141917]

Has you know you are in the same situation has me ..The same App form but diff T and Cs on the back ..Your first post was 2009 its now 2013...My first post was 2008 its now 2013...Im still in letter ping pong with 1st credit altho not as much ..mine is SB next March ..1st cred have owned the debt 16 mths,,still NO court action, I wish they would take me to court..then I could tell the judge exactly what I have been telling 1st crud..Im sure he wouldn't ignore me , or fob me off...you will LOLat this..the T and Cs I have are not easily Legible, I struggle with reading glasses ..1st Crud had a perdantic attitude and blew them up into a poster and said there you go they are legible .. give us our money ..there is no Connection between the front of the App and the T and Cs or it would say there is ..no codes match and there are lots of contradictions on there