Halifax replied to my CCA - is it enforceable

[London000]

Hi London,

 

Did you not send £1 with your CCA request?

 

Hi Vint,

Yes I did a long time ago when I first requested the CCA with Halifax..back in March 09.

As far as Moorcroft is asking me to deal with them they can look for someone else...

DD

[vint1954]

Hi Vint,

Yes I did a long time ago when I first requested the CCA with Halifax..back in March 09.

As far as Moorcroft is asking me to deal with them they can look for someone else...

DD

Just send the a quick letter saying that you have paid the £1 to Halifax and add:

 

I would suggest that you return this matter to Halifax, to avoid further breaches of the Law.

[London000]

Just send the a quick letter saying that you have paid the £1 to Halifax and add:

 

I would suggest that you return this matter to Halifax, to avoid further breaches of the Law.

 

Hi Vint,

 

I was going to stop wasting my time with Moorcroft and not answer at all, but I shall do that...

Thank you once more Vint,

DD

[vint1954]

Hi Vint,

 

I was going to stop wasting my time with Moorcroft and not answer at all, but I shall do that...

Thank you once more Vint,

DD

Not a problem. Keep them on the hop.

[London000]

Not a problem. Keep them on the hop.

 

HI Vint,

What I am trying now is to keep them on the ..hip-hop:D

DD

[London000]

Hi London,

 

Did you not send £1 with your CCA request?

 

Hi Vint again,

 

I have to say that I have never even asked Moorcroft for CCA.

What are they playing at now???

Honestly, they continuing their bluff...

No worries then, I shall send them this letter to return the whole thing back with Halifax...and never bother me as I will not reply to their stupid letters...

All I have sent them was those letter from you.. and nothing else. No mention of asking Moorcroft for CCA. I was told by Lexis that they will try to scare me in anyway possible...No chance...

 

DD

[vint1954]

Hi London,

 

Found a copy of your letter in photobucket.

 

They seem to be saying that they will look for your agreement and will not seek to enforce through the courts while they do. I think for now, just a simple letter below, should surfice. See what they come back with.

 

28th July 2009

 

Dear xxxxxxxxxxxxxxx,

 

Re account no xxxxxxxxxxxxxxxxxxxx

 

I am in receipt of your letter dated 16th July 2009 and note its contents. In particular that you agree, that the application front cover that you have disclosed, is not compliant in satisfying my request under s78 of the consumer credit act 1974, or indeed my later request for this document under CPR31.16.

 

I would also confirm your comments, that while you attempt to locate the signed agreement, you will not seek to enforce the alleged debt.

 

Yours

Hi London,

 

I assume that you sent this letter.

 

I would send a copy of this, along with the letter from Halifax stating that they will not persue you while looking for the origonal.

 

Also add the part about returning to the Halifax.

 

Vint

[London000]

Hi London,

 

I assume that you sent this letter.

 

I would send a copy of this, along with the letter from Halifax stating that they will not persue you while looking for the origonal.

 

Also add the part about returning to the Halifax.

 

Vint

 

Hi Vint,

Yes, I did send the letter a few weeks ago. I have also added the regular notes:

"To remind you again as I keep doing it, you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute as per my previous letter 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 shall send them the copies of those letters stright away and let you know of their answer.

Thank you once more

DD

Edited August 24, 2009 by London000

[vint1954]

Hi Vint,

Yes, I did send the letter a few weeks ago. I have also added the regular notes:

"To remind you again as I keep doing it, you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute as per my previous letter 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 shall send them the copies of those letters stright away and let you know of their answer.

Thank you once more

DD

No problem. Keep us updated

[London000]

No problem. Keep us updated

 

Hi Vint,

Antother interesting link ..........:grin:

 

MoneySavingExpert.com Forums - View Single Post - Credit-card written off at Leeds County Court June 2009

 

DD8-)

[vint1954]

Hi Vint,

Antother interesting link ..........:grin:

 

MoneySavingExpert.com Forums - View Single Post - Credit-card written off at Leeds County Court June 2009

 

DD8-)

Yes, that's the Halifax case. Usefull for future reference. The judge obviously thought that he might bring a little of what Halifax were trying to hide, out into the open.

[London000]

Yes, that's the Halifax case. Usefull for future reference. The judge obviously thought that he might bring a little of what Halifax were trying to hide, out into the open.

 

Hi there Vint,

 

Amazingly I have to go down to the local post office collection....as I think SAR is in the post...maybe a 2.5 kg recycle paper same as one of our fourm's brother...8-)

Keep posting the news - if any.

DD

[London000]

Hi there,

 

I have received my answer to my SAR.....NOT 2.5 KG but mine was on diet ....only 2.00kg. I think I have something to do from now at least for a few weeks.

I shall post things as I go along..

 

PS. I did not send the last letter to Moorcroft yet to... shoooo them off my back (as I have done it in my previous letter), but I will try to keep them waiting for a few more days...

DD

Edited August 27, 2009 by London000

[London000]

Yes, that's the Halifax case. Usefull for future reference. The judge obviously thought that he might bring a little of what Halifax were trying to hide, out into the open.

 

Hi Vint and everyone out there,

 

Here I am again with nothing much disclosed. It is the same application, statements, what Collectors have - PHEW - I thought I can see everything .....pardon me but I do not understand at the moment anything as it is written so small (to be checked on daylight), a very handy list with all the default charges applied (that will be checked again and why not further reclaimed - bet Halifax will love to hear from me again), and other things (again to be checked tomorrow).

 

No sign of any agreement with all the prescribed terms and anything I have asked in relation to CCA s77-78, no mention of my CPR request,

no other things they can rely on.

 

Is it possible they will have any other things (and keep it hidden) without disclosing now after all my requests??? Any thoughts?

 

A Mr. Richard Sharp from Halifax customer relation that provided me with SAR asked if there is anything else I would like??

Was it not clear enough to disclose everything (as I have used the SAR template letter)????

 

Keep in touch with latest develops..

DD

[vint1954]

Hi Vint and everyone out there,

 

Here I am again with nothing much disclosed. It is the same application, statements, what Collectors have - PHEW - I thought I can see everything .....pardon me but I do not understand at the moment anything as it is written so small (to be checked on daylight), a very handy list with all the default charges applied (that will be checked again and why not further reclaimed - bet Halifax will love to hear from me again), and other things (again to be checked tomorrow).

 

No sign of any agreement with all the prescribed terms and anything I have asked in relation to CCA s77-78, no mention of my CPR request,

no other things they can rely on.

 

Is it possible they will have any other things (and keep it hidden) without disclosing now after all my requests??? Any thoughts?

 

A Mr. Richard Sharp from Halifax customer relation that provided me with SAR asked if there is anything else I would like??

Was it not clear enough to disclose everything (as I have used the SAR template letter)????

 

Keep in touch with latest develops..

DD

Basically you ask for everything.

 

If they have put a copy of your application in the SAR again, fair bet that is all they have.

 

It is so frustrating with the CPR. they ignore it and unless you want to go to court, they know they can just sit and wait.

[London000]

Basically you ask for everything.

 

If they have put a copy of your application in the SAR again, fair bet that is all they have.

 

It is so frustrating with the CPR. they ignore it and unless you want to go to court, they know they can just sit and wait.

 

Hi Vint,

 

Here it is the link to the letter sent in respons to my SAR.

 

http://i609.photobucket.com/albums/tt173/americaninparis/SARresp.jpg

 

Interesting answer ..in a way.

DD

[vint1954]

Hi Vint,

 

Here it is the link to the letter sent in respons to my SAR.

 

http://i609.photobucket.com/albums/tt173/americaninparis/SARresp.jpg

 

Interesting answer ..in a way.

DD

So, I would write back and ask for a copy or your origonal agreement. Have you also got all statements, and call logs. Plus they should send a screen shot of dates that DN & TN's are issued.

[London000]

So, I would write back and ask for a copy or your origonal agreement. Have you also got all statements, and call logs. Plus they should send a screen shot of dates that DN & TN's are issued.

 

Hi Vint,

That's why I was asking. It seems strange to have no DN'S as I know there are ( and I will tell you.... as last time if it's poss) ... I have the statements but that to be checked again( if any missing pages) - as I can check with the other statements disclosed following my earlier request for charges for the last 6 years back in Dec 2008 (and only now they have repaid it actually deducted from the whole amount apparently owed).

 

With call logs I do not think I need them although I will ask for them ( as they do not have my new number - lasy 2 years ...and they will never have it).

About DN 'S AND TN'S I will definetely ask for it.

 

Is it any letter I could use as I would not like to look "blond".... pardon my french..

DD

[MARKWHEETY]

Hi All

 

Recently got my SARS request also - and have been busy speaking to the SARS team @ Halifax to get explanations on many things!

 

In regards to Defaults, if they have issued one, you can find the letter code in the customer service section screen prints. If you look for code L9220 / L9221 Letter sent that is when they sent the default and then take it from there. I started another thread to get the common letter codes on there as to help identify what they have sent out.

 

This part is what they are duty bound to send by Law thus if they have a record of sending a default it would be logged on this system. (this is what more often or not they would rely on for their defence!!)

 

If the letter code is there see how long from issuing to any further entries. If that doesnt show the default was invalid, I would then take the time to send a follow up letter to the Halifax / Put in a complaint that all information wasnt provided.

 

If the letter code is not there, then they never issued a default. If they then try and say they did they either are trying to backdate their mistake - (which then you dont have to accept as you have a copy of your SARS which does not show that entry) or they didnt disclose the default (which they should have ((accurate record keeping on the customer service system)) in which sense hit them by complaining to the Information Commissioner who would be interested as to why....

 

 

Hope this helps, only what I have learnt reading all this bedtime reading!

 

Wheety

[London000]

Hi All

 

Recently got my SARS request also - and have been busy speaking to the SARS team @ Halifax to get explanations on many things!

 

In regards to Defaults, if they have issued one, you can find the letter code in the customer service section screen prints. If you look for code L9220 / L9221 Letter sent that is when they sent the default and then take it from there. I started another thread to get the common letter codes on there as to help identify what they have sent out.

 

This part is what they are duty bound to send by Law thus if they have a record of sending a default it would be logged on this system. (this is what more often or not they would rely on for their defence!!)

 

If the letter code is there see how long from issuing to any further entries. If that doesnt show the default was invalid, I would then take the time to send a follow up letter to the Halifax / Put in a complaint that all information wasnt provided.

 

If the letter code is not there, then they never issued a default. If they then try and say they did they either are trying to backdate their mistake - (which then you dont have to accept as you have a copy of your SARS which does not show that entry) or they didnt disclose the default (which they should have ((accurate record keeping on the customer service system)) in which sense hit them by complaining to the Information Commissioner who would be interested as to why....

 

 

Hope this helps, only what I have learnt reading all this bedtime reading!

 

Wheety

 

Hi there Wheety,

Thank you very much for the useful things mentioned . I shall have a look at it these days. I know for fact that HALIFAX would rely on things like that and I am ready to go ahead to court. I will have to say that they will be realy confused with the whole thing as what they have written so far is realy what I needed to kick them for good (keeping copies of everything they have sent and will be disclosed in fornt of the judge - if needed).

I will have to thank you for this info and I will keep posting the latest news.

DD:)

[vint1954]

Hi london.

 

Ok, you have one default notice issued with only the usual Halifax 14 days to remedy, from the date of the letter. ( did you keep the envelope) They always mess this up, not allowing for service. If they had served this in person, it would have been ok, however they need to add 2 days for first class post and 4 days for second class post service. This is a realy important legal document for them and they always mess up.

 

You need to check to see if you have a termination notice. If they have terminated the account while there is a faulty DN in place, then they can only collect the small sum in the default notice. Check your screen prints for the termination code if you do not have a hard copy.

 

One of the letters actually states that they will not enforce the debt, while they locate the origonal agreement, that means court action. Well, very big of them as they cannot go to court without the origonal and they know it.

 

What they will probably do is eventually try and sell it on. We will bat that away when and if it happens.

 

So relax for now, but look for the termination info.

 

Vint

[London000]

Hi Vint,

 

( did you keep the envelope)

 

I am sure I have it but have to look for it....but they have sent it 1st class received 3 days later...and you know the rest...

 

You need to check to see if you have a termination notice. Check your screen prints for the termination code if you do not have a hard copy.

 

I do not know if they have sent any termination notice but in the DN it does say that if I do not make the payment until the date given ....they will terminate it (and as I did not pay...)

 

Well, very big of them as they cannot go to court without the origonal and they know it

 

That will be something if they go...but as you say they have nothing to stand on...hopefully.

 

So relax for now, but look for the termination info.

 

Already with my feet up:grin:

 

Do you think that I should send the last letter now to Moorcroft - to return the whole thing to Halifax to avoid further bre....

 

Also do you have by any chance the code for termination???Or what shall I look for? Anyway I will start looking through the 2 kilos of papers they have sent...see what news I get...

Thank you once again

 

DD8-)

Edited August 30, 2009 by London000

[London000]

If you look for code L9220 / L9221 Letter sent that is when they sent the default and then take it from there.

 

Hi wheety,

 

I have discovered the L9220 on one of the screen shot..

Ok! I would like to take it further but as far as I got is until the mid July09.

It seems that even all the screen shots are not linked to each other somehow...missing some dates here and there from one screen to the other..Is it how supposed to be??Or they are trying to fob me off,,in which case I will be ready to give them a ....smile:lol:..

 

Anyway by looking in general today I think I started to understand their "language" .

THANK YOU for that info again. I shall look out for your thread as well..

 

DD8-)

[vint1954]

Yes, send the letters as advised.

 

There should be a list of codes with your SAR pack, if not ask for them.

 

Vint

[London000]

Yes, send the letters as advised.

 

There should be a list of codes with your SAR pack, if not ask for them.

 

Vint

 

Hi Vint,

Thank you. I will do that stright away.

I have found the codes and looking today page by page.

DD:)