I need template letter to chase Halifax for CCA, anyone help???

[ADSKIWHISKI]

Ive just been speaking to my cousin whom managed to get rid of £20,000 worth of debt with the Halifax .

 

Myself and my wife have a pesonal loan of £7000 with The Halifax and two credit cards with £3000 and £1000 worth of debt .

 

Ive managed to find a template letter requesting a signed credit agreement on this site, yet I would have absolutely no idea of how to follow it up .

 

Could anyone please please offer some helpful advice of how to respond to whatever The Halifax send back to me????

Edited January 27, 2009 by ADY McGREGAN
correction in grammar

[maroondevo52]

Hello and Welcome,

 

If your user name is your own name, I'd advise changing it.

 

I'll move this thread to the Halifax Forum.

 

Regards.

 

Scott.

[ADSKIWHISKI]

Thanks for moving my thread I hope it helps.Its not my real name, but just out of interest how do I change my name?

[maroondevo52]

Send me a PM and I'll ask admin to change it.

 

When you get a reply from Halifax, post whatever they send you up onto this thread removing any personal details, and someone will have a look and advise you if it's enforceable or not.

 

Remember when you send the CCA request, send it recorded and don't sign it.

 

Have you any charges you can claim ?

 

Regards.

 

Scott.

[ADSKIWHISKI]

I have bank charges which I am claiming back through a company called Debt Release Direct.

 

Charges from 5 different accounts. I believe I must be legally binded to going through them? Im not too sure??

 

Also myself and my wife have a combined debt of approx £13000 with 5-6 different creditors. We couldnt keep up all minimum payments therefore we are going through a debt management company called Debt Specialists.

 

Any helpful hints and advice from yourself or anyone else would be greatly appreciated. Thanks Scott

[ADSKIWHISKI]

I have sent the template letter requesting CCA from Halifax in reference my loan. I sent this about two weeks ago and still no hint of response.Could someone please point me in right direction of follow up letter asking why they havent responded and what they have done with my £1.00 postal order.

[ADSKIWHISKI]

I have found template letter within forum to request CCA, which I send to Halifax by recorded delivery two weeks ago.

 

No hint of any reply as of yet though. Is there a template letter out their to chase where my respodence is??? Please help. Thanks.

[maroondevo52]

Hi,

 

There's bound to be charges you can reclaim from your creditors, have you thought about that.

 

Regarding the CCA, you coulld send this letter.........

 

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.

 

 

 

Regards.

 

 

Scott.

[ADSKIWHISKI]

Evening Scott, really appreciate your helpful advice. Does this mean that I should with hold paying Halifax their monthly payments??? I am paying them through a debt management company called Debt Specialists. How would I go about this???