advice please!,halifax,blairoliv er,1st credit

[lilly white]

Rose

i am not an expert on cca however do the sums on the ppi interest as far as i can see has been added to the ppi

 

given they have added interest you should has well

 

take the full amount add interest and see what you have over the term

 

this should put the all of the contract into dispute i am sure that you find this

to your advantage.

 

please we are trying to build step by step, do the sums

[djgordyp]

f you must speak to them on the phone, make sure your record it (but don't tell them that).

I am quite happy to be corrected but, I think you have to tell them that you are recording the call.

 

EDIT

I'll have to learn to type faster:D

 

Good to know there's more Halifax customers who were told 'no ppu, no loan'.

Edited March 7, 2009 by djgordyp

[blipvert]

I am quite happy to be corrected but, I think you have to tell them that you are recording the call.

 

EDIT

I'll have to learn to type faster:D

 

Good to know there's more Halifax customers who were told 'no ppu, no loan'.

 

 

If they say "they may be recording the call, for training or audit purposes" (which is most likely) then as I understand it, this will negate their privileges and protections.

 

Perhaps an opinion from an old lag is required.. anyone ??

[rosie posie]

Hi Rosie Posie

 

When was this loan taken out?

 

Tosh1

hello Tosh1, thanks for reply, this was a top up loan, taken out in 2004, can anyone look at the cca i posted to see if i's TRUE and ENFORCEABLE, i intend to get the ball rolling with HALIFAX, PPI ,we have never received any letters from halifax assigning the debt and even when passed to blair oliver ,they accepted £10 month (did not know about this site then or that we had protection rights ) thanks for all support rosie posie

[djgordyp]

If they say "they may be recording the call, for training or audit purposes" (which is most likely) then as I understand it, this will negate their privileges and protections.

 

Perhaps an opinion from an old lag is required.. anyone ??

The operative word being may. It's not unknown for recordings to be unavailable.

 

hello Tosh1, thanks for reply, this was a top up loan, taken out in 2004, can anyone look at the cca i posted to see if i's TRUE and ENFORCEABLE, i intend to get the ball rolling with HALIFAX, PPI ,we have never received any letters from halifax assigning the debt and even when passed to blair oliver ,they accepted £10 month (did not know about this site then or that we had protection rights ) thanks for all support rosie posie

 

Snap. At least now I can say this appears to have been company policy.

[rosie posie]

thanks for all advise so far, but can anyone please look at my at my CCA, and let me know if it is true,also what do i do about LCS letter, they do make you feel if time is running out to panic you rosie posie

[blipvert]

Imho the prescribed terms are there, but also (imho), I think it falls over flat on the miss-selling of PPI. If that is the case, then I believe this account can be marked in dispute.

 

I'm hoping an old lag will spot this and provide the definitive answer.

[lilly white]

mozzat6

 

do you have a link for a bemused letter to lcs

 

regards lilly

[babybear39]

Subscribing...

[blipvert]

imho, sending the 'bemused letter' would be premature because the account has yet to be marked 'in dispute' (because of mis-sold PPI ?).

 

My thoughts on this thread require verification from a senior CAG'er.

[lilly white]

thank you mozzat6 i see what you mean

 

 

lilly

[babybear39]

The PPI letter from cerberulsalert will put the account in dispute.

[djgordyp]

Rosie Posie, I haven't looked at your CCA as it is the same as mine. However I never thought of the PPI bit making the agreement unenforceable..

 

One other thing, and I need clarification on this as well. It is my understanding that a tickbox or similar should appear on the agreemant to indicate that you agreed to the PPI. Hopefully someone will clarify this.

 

oops just checked. It is on the application form.

Edited March 7, 2009 by djgordyp

[rosie posie]

as way of up date ,i have my sar to halifax ready and the letter from ceberusalert ( mis-sold ppi) ready also, what will i do with the LCS?, is there any other lettters i can send to 1st cretins thanks rosie

[rosie posie]

can someone get back to me asap , to advise on what to do next, i will be sending my letters to halifax by recorded delivery monday ,what to do regards 1st credit/lcs letter giving 7 days before action, do i send any letter? any comments on why they are chasing my partner,when debt in both names? thanks rosie posie

[lilly white]

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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.

 

This limit has 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

 

Lilly

[blipvert]

I'm not so sure you need to send the aforementioned letter, just send the PPI one.

[rosie posie]

thanks mozzat6,i will do that if lcs/1st credit contact me before i hear from halifax (sar and ppi ) what can they do or threaten to do i hate feeling so worried

[rosie posie]

does any one reading know if the cca i posted is the real deal ? is everything there that should be , have never received letter of assignment from halifax thanks rosie:sad:

[blipvert]

does any one reading know if the cca i posted is the real deal ? is everything there that should be , have never received letter of assignment from halifax thanks rosie:sad:

 

If you're sure no NOA has been sent then I honestly don't know the legal implications of that. However, there have been threads on here before where

NOA's have been produced by 1st Credit themselves. Furthermore, they are

an attempt to look like they come from the OC. The envelope is a giveaway (Reigate postmark), however, it is believed they have the OC's permission to do this. Send off the PPI letter (can you post a link to it - I couldn't find it).

 

As you rightly say, the CCA you posted should be verified for compliance with your request, I'm hoping someone more experienced than I can do that.

Edited March 8, 2009 by blipvert

[Oh Boy!]

Interesting.

 

Firstly Blair Oliver Scott, is taken from the initials of Bank Of Scotland, which owns Halifax, which is known as Halifax Bank Of Scotland (HBOS) which is now known as LLoyds Group, obviously because they (lloyds) brought out HBOS, which is a crying shame, coz it should of gone down the swany HBoS that is.

 

Now also..

 

You are allowed to record telephons calls under Regulation of Investigatory Powers Act 2000. (RIPA ), and you do not have to tell the other party that you have or are recording the call, so long as it is used for your own purposes and not contents of which are not disclosed to a third party, whoever that third be.

 

BUT also...

 

LCS solicitors are one and the same a 1st Crapit, they work shoulder to shoulder with the same monkeys, there is only one, solicitor, a tramp one at that, with no morals. LCS have recently purchased a THREATOMATIC V3000 with QUAD PAPER TRAY, so they will be firing these off all day long, I know this because I had and LCS letter with the same threat, that was 2 weeks ago, my advice to LCS is DO IT! whatever makes you happy.

 

And Finally...

 

I have PM'd somebody to come along and look at your agreementT

 

DO NOT WORRY BECAUSE THIS IS WHAT THEY WANT, YOU PANICK MAKE AN OFFER YOU CAN'T AFFORD AND YOU BECOME EVEN MORE WORRIED.

 

LCS Solicitors initials mean Ladronism Cacaesthesia Sanguisugent Solicitors,

 

Hello to all the 12 Guests from Reigate reading this, thats right you....stop picking your nose

Edited March 8, 2009 by Oh Boy!

[rosie posie]

thanks mozzat6 and oh boy, just a point , if halifax had sold on the debt ,can they refuse to deal with the mis-sold ppi from 2004,? how i could kick myself on being ignorant on all these finanace matters, thank heaven for people like yourselves prepared to help point us in the right direction rosie

[babybear39]

It doesn't matter if they sell the account on, they still have to deal with your PPI dispute.

[rosie posie]

thank you baby bear39 ,fingers crossed they'll roll over and admit defeat can anyone comment on my cca i posted, it could be one more line of defence if it is not enforceable, got lcs letter dated 4th ,seven days from then they will advise 1st cretins on action ,anyone what happens next? kind regards

[rosie posie]

sent my sar and ppi dispute to halifax ,recorded delivery, just waiting to see what 1st cretins next move will ,, i would appreciate any comments on my cca thanks