2 Halifax CCA's Received

[sonny_j]

Hello CAG,

 

I sent a cca request letter to the bank's DCA (Blair OS) around the 12th May 09 and received 2 eight page documents with all the terms and conditions on. Both are different, one had halifax written on and one has bank of scotland together with my name/address types at the top. The interest figures are different. I only have one credit card! There are no signatures or dates and they have said they don't need to supply a signed copy. Is this right?

 

I just thought i'd wait until they are in default next week but they have sent another threatening letter saying "paper are being prepared for commencement for court action". I'm on state benefits, is it time to offer a token payment? What should I do? I'd be grateful for any advice.

 

thank you!

[lexis200]

Hello CAG,

 

I sent a cca request letter to the bank's DCA (Blair OS) around the 12th May 09 and received 2 eight page documents with all the terms and conditions on. Both are different, one had halifax written on and one has bank of scotland together with my name/address types at the top. The interest figures are different. I only have one credit card! There are no signatures or dates and they have said they don't need to supply a signed copy. These sound like they are standard terms (and if you check probably current ones at that). Is this right? No, and they know it. They need to send you the agreement (or whatever they can find that passes as one), the historic terms from when the account was opened, and the current terms.

 

I just thought i'd wait until they are in default next week but they have sent another threatening letter saying "paper are being prepared for commencement for court action". Go and have a look at my BOS threads (click on my name and find threads I've started) and see if the letter you've had is the same as the notifications my OH has had. If it's similar you're probably ok, but even if it is more serious nothing will be imminent. Do remember that as everything they do is designed to panic you, but in reality you always have time to formulate responses rather than do a knee jerk phone call etc to them.I'm on state benefits, is it time to offer a token payment? If you're living solely on benefits you can legitimatally offer £1 a monthWhat should I do? I'd be grateful for any advice.

 

thank you!

 

Don't panic yet, go and have a read of my threads (I've been going at BOS since June last year) and other peoples; this will give you a bit more of an idea about how to deal with them.

 

At the moment they have sent you something which

a) does not comply with the CCA1974, and

b) is not enforceable.

 

That's not to say they don't have anything enforceable, but at the moment they don't, and they've not complied, which is most likely why they've started with the court threats.

 

Lexis:)

[sonny_j]

Hi, sorry been away just got your reply. Thank you for you advice. I have been reading your very long thread, I think you're brave in the way you have dealt with the DCA and the bank.

 

I have not received any further letters but I would expect to receive another court threat soon judging from what I've read on here so far.

 

I have looked again at the documents they have sent me and yes they just look like current T&C's printed off and my name and address typed at the top. there is no box for a signature and there are no dates anywhere of when the "agreement" took place.

 

Anyway, they have had more then 12+2 working days to comply so I think I'm going to use the "Account in Dispute" template letter and see what happens from there. I'm just hoping this is the right course of action as I hope this will delay any court action. Will I need to send them SAR at some point?

[lexis200]

Hi again

 

What you're doing sounds about right - you probably will need to get an SAR off to them; it's not desperate but if you can afford it now you may as well go ahead as it's a long wait once it's gone off to them!

[sonny_j]

Hi,

 

I was waiting for a response from h-bos to my "account in despute letter". It's coming up to a month since my original CCA request letter. They have now passed it on to someone called robinson way? I thought they couldn't pass it on? Anyway, is this a sign that they don't have my agreement? Dreading any home visit from dca.

 

thanks.

[lexis200]

Hi there

 

No, according to OFT guidelines they shouldn't pass it on. Trouble is they are just guidelines, and they don't feel they have to abide by them.

 

Try knocking this one out to RobWay (amended to suit obviously)

 

I am in receipt of your letter dated xxth March 2009.

 

Unfortunately it appears that Halifax have conveniently forgotten to tell their recovery agents that this account is currently unenforceable, and that neither they nor you have any right to legal action until they comply with my request under the Consumer Credit Act 1974 to see a copy of my agreement.

 

I suggest you pass this account back to the Halifax, as there is absolutely no possibility of me dealing with you.

 

In addition, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; ie the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property, and if you do so you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I do not expect to hear from you again, save for a letter informing me you have closed your files and passed the account back to the Halifax.

 

Yours sincerely

 

or if they're shouting about court you could try this one

 

Your formal demand, dated 18th November, sent 2nd Class, reached me on the 22nd November.

 

Quite apart from the fact that I have not had any form of a Notice of Assignment (or similar) to inform me of your involvement, I was rather surprised to have received this from you, having received one just like it from Blair Oliver Scott on the 30th October. I enclose a copy of the letter I sent them for your reference; this was received by them on the 10th November.

 

Perhaps they neglected to mention that to date HBOS have been in default of my section 78 request under the Consumer Credit Act 1974 since June, and that the account has been in dispute since.

 

As you are aware, while my legal request remains in default, enforcement action is not permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both unlawful and vexatious.

 

I would respectfully suggest that this account is returned to HBOS for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

 

Any further correspondence from you, save to inform me of you passing the account back to HBOS, will simply be added to my FOS complaint, as you are already in breach of many OFT guidelines on Unfair Business Practices.

 

You can always nick bits from both if you like, but the essential message is to tell them to sod off as you've not had a copy of your agreement, and if you're worried about doorstep callers make sure you add in that part of letter 1. Also, keep a copy of the letter by the door just in case anyone turns up (which I would say is 99.9% not going to happen btw) and then you simply hand them that and shut the door in their face.

 

If it makes you feel any better, my letter for the doorstep callers has been sat by the front door, unused, since July last year:)

 

My case with RW was slightly different in that the agreement they had sent was unenforceable, but really yours is the same outcome, and I suspect as with my experience, they will bow out pretty quickly.

[sonny_j]

Hi, i received a reply from robinson way and they passed it back to halifax. i have now received an unsigned application form but the back page looks like the credit agreement. Looks enforcable but would be grateful for any advice on here. thanks.

 

http://i567.photobucket.com/albums/ss111/rec_pro/bo_3a.jpg

http://i567.photobucket.com/albums/ss111/rec_pro/bo_2a.jpg

[sonny_j]

the second page has my credit card number written on the top and says "Credit card agreement regulated by the consumer credit act 1974.

 

The whole document is faded.