Andy01 V Halifax B4 2000

[Andy01]

HI CB/Cerber

 

CARD NO 1

RW just given it up and send the a/c to Halifax. This is their reply showing nil balance http://i698.photobucket.com/albums/vv342/Andy01/RW21072010.jpg

Oh well lets see who is going to take their place.

 

CARD NO 2

 

Now on 2nd Halifax card after Blair scott its been passed to IQOR and that's what I got today http://i698.photobucket.com/albums/vv342/Andy01/Iqor21072010.jpg I think I should send them the same RW a/c dispute letters on any other?

Edited July 21, 2010 by Andy01

[cerberusalert]

Send Iqor this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Andy01]

Thanks Cerber:)

[citizenB]

It will probably be Wescot who next contacts you, Andy

[Andy01]

Hi Cerber/CB

 

you are spot on now got a letter from Wescot asking regarding the same account HF send back to Halifax. So shall I send the same a/c dispute or bemused letter?

 

http://i698.photobucket.com/albums/vv342/Andy01/WescotHBOS8018.jpg

Edited July 26, 2010 by Andy01
added attachement

[citizenB]

Hi Andy, send the account in dispute letter:D

[Andy01]

Thanks CB Will do. Can you predict Lottery numbers please lol

[citizenB]

Thanks CB Will do. Can you predict Lottery numbers please lol

'

 

 

I wish

[cerberusalert]

Can you predict Lottery numbers please

I can predict they go from 1 > 49.

[Andy01]

Cerber Good awnser:D

[Andy01]

Hi Guys

http://i698.photobucket.com/albums/vv342/Andy01/Iqor28072010.jpg This is IQOR's reply. Paste it for record.

[cerberusalert]

Awe, isn't that nice? The little luvvies don't want to cause upset.

[Andy01]

Yeh you are right they are getting more personal and emotional

[citizenB]

[Andy01]

Hi Cerber / CB got this from IQOR for my letter #77. Its funny this application was signed by them the same date as mine. This not an agreement is it? Untill now they never send this to me although I requested SAR. Now I think this been regenrated.

 

http://i698.photobucket.com/albums/vv342/Andy01/IQORR1.jpg

http://i698.photobucket.com/albums/vv342/Andy01/IQORR2.jpg

[cerberusalert]

No it's an application form totally devoid of the prescribed terms and unenforceable.

[Andy01]

Thanks cerber so what shall I reply to them?

[cerberusalert]

Dear Sir or Madam,

 

 

Account no

 

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated ........, the contents of which are noted

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On ......... I requested that ........... supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ........... have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to .............., nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify S.61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ............... become compliant with my request. As ................ are still not in compliance with my request I insist that the following takes place with immediate effect

 

All entries which refer to missed payments be removed from my credit file

All collection activities cease with immediate effect until ............. comply with my request from .date........... or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation

DO NOT SIGN>>>PRINT NAME

[Andy01]

Thanks my friend! Cerber this is going to them early morning .

[Andy01]

Hello CB/Cerber,

 

Hope you guys are all fine.

 

After defaulting Halifax passed the account to most of the DCA's like Blair Scott, RW.IQOUR, Wescot and few others. I requested all of them for a signed agreement and they all failed. Now they all give up and Halifax send me this

http://i698.photobucket.com/albums/vv342/Andy01/Halifax2011.jpg

http://i698.photobucket.com/albums/vv342/Andy01/Halifax20111.jpg So we are back to square one. What should I do ? Send them the same request again or ignor few times?

 

Advise please and thank you.

[griffin036]

I think it is just routine, a computer churns out an annual statement, I would jusy file and ignore.

[citizenB]

Hello Andy, hope all is well with you

 

It looks to me as though they are just sending an annual/six monthly statement. They are obliged by law to do this.

 

I would just file it.

[Andy01]

Hello Andy, hope all is well with you

 

It looks to me as though they are just sending an annual/six monthly statement. They are obliged by law to do this.

 

I would just file it.

 

 

Hi CB ,

 

Had a horrible New Year Eve as my wife had a Brain Hemmerage. We end in for the the whole January at Kings College Hospital . they had to do open head surgery. God's blessing she got back home in Feb and doing fine. She was the fittest of all of us don't know how did that happened but the whole period was shoking and stressful. Staff at Hospital were God's Angels and done a wonderful job. I am doing a charity event in June to raise funds for them. My target is £15,000 as they are in need of some machines for their surgical wards. I am on target to do it with the help of family and friends.

 

Thanks for checking my post CB.

[citizenB]

Oh dear, I am sorry to hear this Andy. I hope your wife continues to make good progress and good luck with the fund raising.

[Andy01]

Hi CB/Cerber

I know its been long time I hope you gys are well and doing fine. I got this morning letter from DCA Blair, Oliver Scot after almost 1 yr since they passed the account to westcot, Iqor and others. Now they have send me these documents along with 25 pages of terms and conditions. Please let me know what more I can write. We are going in circles.

http://i698.photobucket.com/albums/vv342/Andy01/Halifax8018-2.jpg

http://i698.photobucket.com/albums/vv342/Andy01/Halifax8018-1-2.jpg Thanks in advance.