Me against them CCA Halifax

[Braveheart12]

I recently sent a CCA then after 12+2 days I sent an Account Dispute letter and soon recieved the following;

 

 

 

 

 

From speaking with other Caggers it seem my CCA too is not signed on behalf of Halifax and also has several pages missing.

 

Any comments and advice is welcomed.

 

Thanks

[angel_1]

hiya Me against them

 

hmme, how come there are pages missing, have you asked them why?

 

to tell you the truth, i had something very similar to where you the bottom part of the agreement, stamped 21 sept 2007 but it was not very clear and ive disputed it with their head office and am still waiting on some big boss to get back to me

 

is it legible to you when you view it, i know sometimes scanning it here is not that clear?

 

this was not an online application was it,,,just thinking of the date in sep 2007 quite a newish one# mine is a little older

 

anyway im sure others more knowledgeable will come along but i wanted to say hiya and say my initial thoughts

 

laters and good luck

 

angel x

[Braveheart12]

I have not respoded yet, I am looking for advice before I do, but as I said I had already disputed the account proir to being sent to me. I did this because they origionally refused to accept my £1 postal order.

 

I may have initially applied online but I must have signed a hard copy as they have my signature. My arguement is that there is a space for Halifax's signature and there are pages missing.

 

The CCA is not very clear but just about legible.

[Braveheart12]

Any further virews on this CCA?

 

There is no Halifax signature and there are 6 pages missing???

[Braveheart12]

 

I'm glad I deleted my telephone number using my online account before I CCA'd them.

 

Should I ignore this letter or respond stating written correspondance only?

[citizenB]

That was a good move to remove your telephone number. I would not advise you to phone them.

[Braveheart12]

I managed to delete 8 from 12 different creditors.

 

I'm sure the phone would be constantly ringing if I hadn't of

acted so quickly.

 

I have no intention of calling any of them!

[Braveheart12]

Just recieved a DN, shown below.

 

[illonavamp]

Umm I'm sure an expert will be along to confirm but, if you explicitly stated in writing that the account is in dispute, they shouldn't be able to default you.

[Braveheart12]

I sent this letter on 11 March 2009;

 

Account In Dispute

 

Re Account No/Reference No:- *****************

 

Dear Sir/Madam

 

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 20/02/2009 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 06/03/2009.

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[angel_1]

hiya

Me against them

 

have you by any chance kept the envelope the DN came in, and have you noted what actual date you received the DN

 

the ones ive ever got from the date of the letter its exact 14 days thus i would have had to have received it on the the actual date of the letter,,, get my drift..

 

thus the envelope would prove what service they used 1st or 2nd or via other company thus what delay in you getting it could then prove you were not given the full 14 days to remedy as it states in law

 

let us know laters keep positive

 

angel x

[Braveheart12]

angel,

 

I think I still got the envelope, I'll be able to check later today.

 

thanks.

[Braveheart12]

I can't seem to find the envelope, it must have went out with the rubbish. I know I didn't recieve the letter until the 30th April though.

[Braveheart12]

This DN is surely served incorrectly! The notices states that I must pay the arears before the 12th May, this is only 13 days if I recieved the DN when it is dated (28th April). Not 14 Days as required!

[saffy09]

Hi your agreement is the exact same as mine pages missing and no signature on behalf of the halifax!!!!! the signature on the agreement does not even match mine! mine is dated recieved April 07. Im in the same situation as you!! Do you have any more info with reguards to them not signing it?

[Braveheart12]

Saffy09 I was told on another thread that without the creditors signature the CCa was unenforceable in court. I can't seem to find the thread now, maybe someone else will clarify this?

[Braveheart12]

Looks like my SAR has pushed Halifax to pass this account to a DCA. I have received a letter from Blair Oliver & Scott Ltd asking for me to pay the full outstanding balance.

 

Looks like I have to send them the "I am some what bemused Letter".

 

Unless anyone else think of a more suitable response.

[saffy09]

They have sent me another cca with no signature but it is totally different to the 1 we have. There is a big huge part on cancellation??? I have sent another letter requesting my cca and told them i found there letter abusive. Can they request all the balance from you??? does not say anything on cca!! we need someone to have a proper look at the cca!!!

[Braveheart12]

I suggest you start a thread and post your CCA on it so the experts can take a look at it. If you have received a Default Notice you should also post that up.

[GARY68]

Hi me against them,

In my opinion if this was in my court I think this agreement looks enforcable, it looks as if it might have all the prescribed terms and the missing pages could well make it standup should you avoid paying as these may be the terms and conditions, the reason I say this is because the pages are numbered and they have your signature on the

"credit card agreement regulated by the consumer credit act"

weather the fact that they have not included a signature on there part would make it unenforcable-dont know about that,

having said that will they take you to court? doubt it,

you will now be constantly hounded though because they will insist on this being enforcable.

I would check out what charges you have and claim them back to reduce this debt and claim the dispute is also to do with that when you send in any letters,

wish you good luck on this.

[Braveheart12]

Thanks Gary. I know the missing pages and signature argument is perhaps a bit weak. I will shortly be sending a SAR to them to find out about charges.

 

On another note, I am of the opinion that their default notice is dodgy as they did not allow 14 full days for me to remedy. I also believe by passing the account to a DCA that they have terminated my agreement and can therefore only claim back the arears if they were to take me to court.

[GARY68]

I believe they can default you and dont have to terminate the account,as they are wise to the fact that it f#### up your credit file they can chase you forever more and the dc, but that is still under debate , again I have read this about the time scales with the default issue and although it sounds weak it all must help.

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

I understand what your saying though,

they also have to have assignment rights if the dc does take you to court only in my opinion I will be subbing and if I can offer support along the way I will;)

[Braveheart12]

I am keeping an eye on the DN debate and hope it works out in our favour. I'll post up any updates, thanks for the support.

[Braveheart12]

BO&S Ltd have just sent me a letter titled 'NOTICE OF INTENDED COURT ACTION'

 

it goes on to say...Formal notice is hereby given that our client has instucted us to commence court proceedings against you without delay.

 

Papers are now being prepared for commencement of action through your local mcourt to seek a judgement against you.

 

Your home is at risk..blah blah (I rent so its not)

 

YOU MUST MAKE PAYMENT NOW TO STOP ACTION BEING TAKEN.

 

Is this a bluff or are they serious?

[Braveheart12]

Story so far

 

I CCA'd Halifax in 20 Feb 09 (No Response)

Account in Dispute 12 Mar 09

 

I then received a signed CCA on the 24 March, but was missing the Creditors Signature and several pages were missing. Also the CCA does not have Credit Limit on it.

 

I then received a DN dated 28 April giving me until 12 May to remedy, which is not 14 full days even if I recieved it on the date of the letter.

 

I have also checked the statements that I still have to see how much of the alleged arrears are late and overlimit charges. There were £60 of charges associated with the £160 arrears to remedy.

 

Halifax have now passed the account to Blair, Oliver and Scott ltd for full collection. I replied to the DCA with the "Bemused Letter" as the account in my opinion was is dispute. I have had several letters from BOS and have now received a NOTICE OF INTENDED COURT ACTION.

 

My CCA and DN can be viewed on my thred below.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/192142-me-against-them-cca.html

 

Can anyone comment on what my chances are if they take me to court?

 

Not sure if the CCA is enforeceable and am pretty sure the DN is defective due to dates and charges.

 

Thanks in advance.

Edited July 29, 2009 by Me against them!