jbarnsie.......Halifax CCA

[jbarnsie]

no reply yet

 

i do notice that on my online banking the credit card now says "in dispute"

 

how long should i give them?

 

 

thanks again

[jbarnsie]

i have also noticed on three other credit cards i hold the credit limits have all been cut darstically this month

looks like halifax may be passing on info already and i havent even missed a payment yet!

 

any help on whether i should be chasing them up yet appreciated

[pinky1977]

i have also noticed on three other credit cards i hold the credit limits have all been cut darstically this month

looks like halifax may be passing on info already and i havent even missed a payment yet!

 

any help on whether i should be chasing them up yet appreciated

 

 

Hiya

if you sent your letter signed for have you checked on royal mails website to see if it has been recevied?

if it has you could either hold tight and wait or send an account in dispute letter

[jbarnsie]

hi again pinky thanks for ur reply

 

 

my reference shows up as being signed for at halifax.

 

one thing of note upon logging into my online banking today and clicking on the card in dispute it no longer says "account in dispute"

 

 

maybe a letter is on way

 

 

thanks again

[pinky1977]

Hi JBARNSIE

 

i hope you are well

 

ok as with regards to our friends i wouldnt panic

wait for them to reply and we can go from there.

but dont hold your breath my hubbys been fobbed off since december and had the joy of blair oliver & scott to add to the mix!!!!

 

 

 

take care

pinky

[jbarnsie]

not got news

 

sent back the original cca with my sig on it

 

 

also a very snooty letter attatched written almost with glee

 

i think im defeated

[pinky1977]

Hiya

 

i think you need to post up a copy of this agreement

 

is it an agreement or application form?

does it have all the prescribed terms

 

 

pinky

[maroondevo52]

Hi,

 

If it turns out to be enforceable, are there charges you could re-claim ?

[jbarnsie]

thanks guys

 

ill try and post up asap

 

 

thanks for support

[jbarnsie]

right got a pretty ropey pic of the signature bit with my mobile

 

 

will try and get better, not sure if it matters but my signature isnt dated nor is it signed or dated by a halifax employee

 

thanks for all help again

 

http://i730.photobucket.com/albums/ww310/barnsie/hali.jpg

[pinky1977]

hiya

 

we need the full pic of the agreement to see if theirs any prescribed terms

[jbarnsie]

ok sorry pinky will post over weekend

 

thanks for your help again as ever

[pinky1977]

hey no probs

 

Im not that up on all of this but theirs so many clever people on here that can give their opinion

[jbarnsie]

right heres the correspondence i got from those lovely people at the halifax

 

http://i730.photobucket.com/albums/ww310/barnsie/IMG_1117.jpg

http://i730.photobucket.com/albums/ww310/barnsie/IMG_1118.jpg

http://i730.photobucket.com/albums/ww310/barnsie/IMG_1127.jpg

 

thanks for any further help provided

 

all the best

[jbarnsie]

any more advice guys?

 

thanks

[pinky1977]

HIya

 

does it say aplication form on the heading ?

 

coz as far as i can tell thats all it is it hasnt got all the prescribed terms , there for unenforcable the rest of the stuff is just blagging quoting sections to look clever

 

have you sent a sar to them? i did and they could never provide an agreement only application form

[jbarnsie]

credit card application is the heading

 

dont think i have requested the sar how do i do that please pinky?

 

 

thanks again for help

[pinky1977]

Subject Access Request - Debt & DCA

 

User Rating: / 12

PoorBest Written by 42man

 

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards

debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

 

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technial Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

 

 

 

 

 

 

 

 

 

 

this it explains it better than myself. i did a sar to try and get a copy of the original agreement this way to no avail

[jbarnsie]

thanks a lot pinky

 

gettin seriously annoyed as halifax are definitley passing my details on to bcard as they have lowered my limit significantly this month.

 

consdiering as of yet i havent even missed a payment to halifax (yet) how can they do this?

 

so just send the above letter and sit and wait pinky?

 

 

thanks again

[pinky1977]

nothing surprises me with the halifax!! lol read my posts wiv issues regarding my hubbys loan and cc with them

 

 

 

yes just send that letter be prepared to get alot of paperwork junk and most probably no credit agreement

 

wait 40 days then if you wish send an account in dispute letter or let them stew

 

take care

 

pinky

[jbarnsie]

havent i already sent an account in dispute letter previously though?

 

 

getting confused now

[pinky1977]

you only send the account in dispute letter again if you dont get the sar within 40 days

 

 

i got confused with it all too so i read tons upon tons of posts to understand things better

[jbarnsie]

they are telling me as far as they are concernced its case closed though

 

sorry just confused have read up just feel like im going round in circles at present