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Horrible response to CCA request from Halifax (Amazon card)


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Hi there

 

I wrote to request a CCA relating to an Amazon credit card issued by the Halifax several weeks ago, and initially received a general letter, thanking me for my complaint and advising that I would need to wait around 4 weeks for a response. When the 12 + 2 days was up, I sent them an "account in dispute" letter.

 

I have now received a more detailed response from them, which does not include a signed agreement, just 2 sets of terms and conditions.

 

I really don't know what to say to them in reply, as their letter seems to suggest that the rules don't apply to them! The letter says that they enclose "the required documentation to demonstrate a fully executed agreement" and that this constitutes statements (not actually enclosed), a copy of the agreement (not enclosed!!), and a copy of the terms and conditions - which was included in the contents of the envelope.

 

They make reference to me not having queried any transactions on the account previously - but surely this is not a basis for them not complying with my request at this point?

 

They also mention my application for the card, which they say has been provided to me previously - it hasn't!

 

Finally, they state that the account being in dispute does not prohibit them from pursuing collection on the account - I thought that it did? They are currently bombarding me with phone calls at home, and they have sent a letter saying that a representative will be visiting as well (I have a copy of the doorstep visit letter ready for that just in case).

 

I really don't know how to respond to them. Their bullying tactics are quite frightening and obsessive. Can anyone have a look at the letter and give me some ideas of what I can do next?

 

I have put some links to the letter in photobucket below.

 

Thank you so much, this is really horrible and stressful.

 

http://i607.photobucket.com/albums/tt157/feelingthinner/halifax001.jpg

http://i607.photobucket.com/albums/tt157/feelingthinner/halifax002.jpg

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I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

print name do not sign

 

**amend to suit your circumstances.**

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Send them this with regards to the 'phone calls;

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

print name do not sign

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By all means send the letters, but they will never agree with anything you say, insisting they are right, you are wrong...they will bounce it around countless DCAs meanwhile.

 

Mine has been to 3 so far and is now back with them, with a threat to pass it to a fourth!.....im eagerly waiting to see who this is going to be, whilst shaking in my boots...not:D

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi feelingthinner, regarding the bombardment of phone calls at home, aswell as the letter cerberusalert suggested which i myself sent yesterday. I also picked up a tip from another thread on this site which is to answer the phone and then when they ask for you tell them to hang on and leave the phone on the side with them waiting, carry on with what you were doing until they finally hang up. After personally doing this to barclaycard and crap one since Sunday they seem to have finally got the message and i once again can enjoy a bit of peace and quiet:) atleast for now anyway:cool:.

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Hi feelingthinner,

 

I've just replied on your other thread and this one looks as though you have similar issues here.

 

What they have written in their letter with regard to s78 is correct - may I ask why you think that it isn't correct?

 

I really don't know what to say to them in reply, as their letter seems to suggest that the rules don't apply to them! The letter says that they enclose "the required documentation to demonstrate a fully executed agreement" and that this constitutes statements (not actually enclosed), a copy of the agreement (not enclosed!!), and a copy of the terms and conditions - which was included in the contents of the envelope.

 

Their letter doesn't say that the rules don't apply to them - it's telling you what the rules actually are.

 

If they have not enclosed a copy of the agreement containing the prescribed terms then probably the quickest way to get it would be to give them a call - either that or write to them telling them that they didn't enclose it in their previous letter.

 

They make reference to me not having queried any transactions on the account previously - but surely this is not a basis for them not complying with my request at this point?

 

That is correct, you can make an application under s78 at any time and you do not have to give any reason.

 

Finally, they state that the account being in dispute does not prohibit them from pursuing collection on the account - I thought that it did?

 

This is correct. It merely stops them attempting to enforce the agreement through the courts.

 

I really don't know how to respond to them. Their bullying tactics are quite frightening and obsessive. Can anyone have a look at the letter and give me some ideas of what I can do next?

 

Firstly, why did you send them a request under s78 CCA - what are you trying to achieve as an outcome?

 

The answer to this question will enable people to help you.

 

regards

 

nicklea

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