RWay & Halifax Loan CCA return

[Andy01]

Hi there is another one on board now . Please check this is ok or not?

http://i698.photobucket.com/albums/vv342/Andy01/RobW1.jpg

http://i698.photobucket.com/albums/vv342/Andy01/RobW2.jpg

http://i698.photobucket.com/albums/vv342/Andy01/RobW3.jpg

 

Enforcable or Not please?

[clemma]

It looks enforceable to me as the prescribed terms are all there.

[Andy01]

Thanks C So is there anything else I can do with this? or simply make them an offer to settle?

[cas93]

Hi

 

prescribed terms are there but they havent complied fully with your request as there are no terms and conditions and no statement of account. Therefore they are in default of your cca request until you receive these.

 

I have checked the interest rates and they are correct. It is a cancellable agreement, did they comply with the cancellation rights? Did you get written notification of your cancellation rights a short time after you signed the agreement?

 

cas

[Andy01]

Hi Cas this was taken 1999 I don't really know now what did they send or not .

1.Can I ask then for S.A.R? that probably will explain more. Is it in your view can be challenge?

2. Am I right to say that T's and C's should be all in the same agreement or not?

3. Can you explain me in bit more detail regarding Cancellation right?

4.If I should write to them what should I be asking?

Thanks

[citizenB]

I dont know much about loans, Andy so you will be best guided by others.

 

Yes, you should have been sent the terms and conditions as well. Either just write them a letter asking for them to provide these as part of the CCA or you could send the SAR

 

I notice you have other Halifax accounts so if you are doing a Subject Access Request, then ask for the information on ALL the Halifac accounts not just this one, that way you only have to fork out one £10.00 fee.

 

You will find a template letter in my signature below. x

[Andy01]

Please can any one check this as it is ready to go

 

 

Further to your correspondence reply letter dated 4th June 20009, although post stamp on the envelope is dated 3rd June 2009 and its 2nd class, received today 8th June 2009. Makes you wonder that how can you post the letter before writing.

 

Having reviewed the copy documents you have sent in response to my request under s78 CCA, is only a one page of the agreement. There are no Terms and Conditions and exact detail of how and when to cancel the agreement or any other terms or statutory notices as required by the CCA

 

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 18th May 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 4th June 2009. Please read carefully my request below as it has a time limit

 

Data Protection Act 1998

 

Subject Access Request

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you or HALIFAX sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date they were it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account; specifically, the date they it was levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the agreement.

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Edited June 18, 2009 by citizenB
removed annoying formatting instructions

[Andy01]

Hi Got reply from them saying thank you for your letter and we will send SAR in next 40 days

[citizenB]

That's good Andy. Mark your calendar the due date which is 40 calendar days from the date of them receiving it.

[Andy01]

Thanks CB I have already send "account in dispute " to the other cards ( Halifax, Bos)

Edited June 18, 2009 by Andy01

[citizenB]

Good morning Andy,

 

Yes I noticed you had been busy:D

[Andy01]

Good afternoon my friend I think with you and your team I will be able to solve if not come to some sort of ease. Its fun and I got nothing to loose but gain. I have just started another thread "Andy01 V Directline" I think we will have some fun with them. Please do check when ever you got time. Thanks

[Andy01]

There you go I got SAR reply from Robin Way Its about 67 pages computer generated and a CD of recording . I try to attach few please check if that's ok. http://i698.photobucket.com/albums/vv342/Andy01/RW1.jpg

These are 7 pages for last 7yrs statements http://i698.photobucket.com/albums/vv342/Andy01/RW2.jpg

http://i698.photobucket.com/albums/vv342/Andy01/RW3.jpg In these pages I notice that original debt 448.99 but In next page they have corrected their mistake http://i698.photobucket.com/albums/vv342/Andy01/RW4.jpg These are 57 pages of last 7 yrs and they have almost covered every thing on this account. I think I should make peace with them and continue paying £1.00 untill they except my F/F offer although they have refused my last offer of 20%. Is there any thing i missing please do correct Thanks

[Andy01]

Anyone out there !

[citizenB]

Hi Andy,

 

If you are convinced you have received everythiing and it is all in order then I would say yes, you are going to have to come to some arrangement either by way of a repayment plan or an offer for a reduced settlement .

 

 

I am not sure what else to advise.