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jbarnsie.......Halifax CCA


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sorry had tried to post earlier obviously didnt work

 

gald i have found this thread/site

 

sent a cca request to halifax recently, replied with a letter stating my postal order wasnt payable to anybody. i clearly stated in the letter and on the back of the p order that the p order was for use of cca charges,

 

what should be my next step?

 

 

thanks

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sorry guys but any ideas on my next step ?

 

have actual letter here now which hopefully will help

 

says the following

 

 

"dear sir/madam

 

i have returned the enclosed cheque , as this is unacceptable for the following reasons : -

 

payee details are incorrect"

 

 

then my original letter with the blank postal order for a £1 attacthed

 

 

thanks for any help.advice in advance

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  • 3 weeks later...

Hi,

 

If you don't want to fill it in yourself, you could send them this.

 

Dear Sirs

 

Thank you for your letter of (date), the contents of which are noted.

 

Regarding your comments "Unfortunately we return herewith your postal order in the sum of £1.00 as it has been made payable to the incorrect payee." the postal order (which I have once again enclosed) has been left blank. I would respectfully suggest that if wish it to be payable to you then you write Halifax on it rather than return it to me.

 

This not withstanding I would remind you that s.175 of the Consumer Credit Act 1974 places a contractual duty upon you to pass my request for a copy of the credit agreement to your client. The timescales for compliance with my request started from your receipt of my original request. If, however, you are unable to comply fully and properly with my request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

I trust this clarifies the matter.

 

Yours faithfully

 

**Edit to suit**

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

What sort of account was it ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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its a credit card maroon , i actually received a reply this morning ill try and summarise what it says below :

 

page 1 displays my outstanding balance, credit limit, interest rates, and a note saying the following

 

"Please also note that we are not required to provide a copy of the original signed agreement under sction 78 of the consumer credit act.

 

then follows a credit card agreement and then a document titled

 

"this is a copy of your agreement to keep. it includes a copy about your cancellation rights which you should read"

 

this has no signature from myself and looks like a template from a computer.

 

 

what is my next step guys?

 

 

appreciate all help given really do

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Hi,

 

Could you post up what you received so people can have a look and advise.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Without a scanner, I'm not too sure, I suppose you could photograph it, then put it up.

 

Try 'photobucket'.............

 

Image hosting, free photo sharing & video sharing at Photobucket

 

There's a tutorial here.......

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Sorry, can't read it, can't you borrow a digital camera.

 

Remember to blank out any personal details :)

 

Regards.

 

Scott

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hiya

 

i cant see any pictures of a signed agreement

if they havent sent you a copy of your agreement with all the terms and signed by yourselves send them this

 

Dear Sir/Madam

Re: Account number:

 

ACCOUNT IN DISPUTE

Thank you for sending me what you have confirmed to be a true copy of the credit agreement that exist in relation to this account. As you have sent this document in response to my requests under Section 78 (1) of the Consumer Credit Act 1974, then this statement by you is now binding on you as per section 172 of the Act.

 

The document that you have supplied does not constitute a legally binding regulated agreement between us and is in breach of Section 61 of the Consumer Credit Act 1974 and is therefore unenforceable by virtue of Section 127 of the act.I am aware that Section 127 was repealed in the Consumer Credit Act 2006 but this is not retrospective and applies only to agreements signed after 6th April 2007.

 

I do not and will not acknowledge this alleged debt. Furthermore, I dispute the legality of the debt until such a time as you can produce a satisfactory consumer credit agreement.

 

Furthermore, you are advised that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a properly executed credit agreement is a very clear dispute and therefore the following applies:

  • You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to this account.
  • You may not pass this account to any third party.
  • You may not register any information in respect of this account with any of the credit reference agencies.
  • You may not issue a default notice related to this account.

I also requested that you remove any default registered with any credit reference agencies against this account as you are not permitted to default a disputed account. I further request that you confirm to me in writing that you have complied with my request. Failure do so may result in legal proceedings being taken against you to enforce the removal of this default and at such time you will need to explain why you have issued a default on an account that is not regulated under the consumer credit act.

 

The Data Protection Act

 

Please note: you may also consider this letter 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 you are advised that you are not entitled to refer this account to any third party and this includes but is not limited to any debt collection agency and credit reference agency.

 

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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I look forward to your reply regarding this matter.

 

Yours faithfully

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Hi again

 

im not an expert but have been dealing with the halifax for a while and they tried to fob me off with some paper work .

so this kind of letter mite get you more results

so far from them i have a unreadable copy of application form and a unreadable loan agreement with bits missing

 

 

take care

 

Pinky

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thanks very much there is indeed no original signed agreement

 

2 questions

 

1, should i now stop making any more payments to said account?

 

2, should i send this second letter to same address?

 

many many thanks

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thanks very much there is indeed no original signed agreement

 

2 questions

 

1, should i now stop making any more payments to said account? i did because they havent provided a copy of the agreement the account is in dispute but its your choice

 

2, should i send this second letter to same address?

i personally think any halifax address will do aslong as your sending the letters signed for

 

 

many many thanks

 

no problems. dont forget dont sign your letters

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its much appreciated pinky

 

have sent what i hope is my last payment tonight as i might not be back in full working order for a month so want to be 100% when tackling this

 

 

will send letter tommorow

 

 

thanks again

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