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Coactum

Halifax formerly Bank One

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Please refer back to this thread http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203269-introduction-background-my-debts.html to my debts where I was advised to start different threads for each account. This one addresses my Halifax Card which was originally issued in 1999 as a Bank One Platinum card.

 

All that has been supplied via Blair Oliver & Scott acting for HBOS is a copy of the original application form. This is signed by me on 8/10/99 and stamped as received by them on 09/10/1999. From what I have read elsewhere on this forum this is not a valid agreement. I wrote back on 15/5/2009 advising them:

 

“I refer to communications received from Blair Oliver and Scott acting under your instruction and draw your attention to past communications in connection with the above accounts. I suggest that you pay close attention to what was requested and review what you sent because what you have supplied to date is not the data requested.

 

Once again I refer you to my letters of 2nd and 21st April and in particular my remarks regarding your failure to comply with section 78(6) of the Consumer Credit Act 1974. I informed you that your failure to comply had placed my accounts into dispute and that this meant that you were not entitled to default or enforce the agreement until your breach has been rectified.

 

I also issued you with a statutory notice under section 10 of the Data Protection Act instructing you to cease processing any data in relation to this account with immediate effect.

 

At this moment in time you have not complied with the aforementioned requests and may be committing a criminal offence.”

 

All has gone quite since.

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Hi Coactum, I am quite new tto this but....

 

If they don't comply to your CCA Request, write to the Information Commissioners Office regarding their non compliance to your request.

You can also complain online.

 

Secondly complain to the Office of Fair Traiding regarding them ignoring your dispute and their debt collecting procedures, you can also do this online via the Consumer Direct Website. There are some guidelines that they are in breach of, but haven't got time at the moment to find that out as getting ready for work. If anyone else is looking can you advise?

 

When you send any letters to Halifax put a CC at the bottom of the letter just so they know that you have complained, that is what I have done.

 

Reader

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In today’s mail I have a letter from Blair Oliver & Scott which reads:

 

Your repayment arrangement of £1.00 is now due for review. It is important that you contact the helpline number below to discuss your monthly payments.

 

Please have your income and expenditure at hand for our collection specialists to assist you.

 

We note that repayments on your account have been maintained in line with the existing arrangement. Please continue to pay while this review is undertaken.

 

Now what is strange is that I have two of these letters, one for my BOS account and another for my Halifax, however, at no time did they ever accept my proposal to make only a token gesture payment. Furthermore, I have not paid them anything since 6th March when I paid £70 to each of these accounts.

 

They have so far failed to adequately address my CCA request. In the case of Halifax the sent the original Bank One application form which does not contain the correct data within the page and in the BOS case the application is so old it fails to even state that it is a credit agreement.

 

Any suggestions on how I should respond would be appreciated.

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Following my letter advising Halifax and their agent Blair Oliver & Scott that so far nothing had been provided which remotely resembles a Credit Card Agreement they sent yet another copy of my application form. Please look at the attached and tell me if you think I’m missing something because I do not think this is a valid enforceable agreement, do you?

 

Hmm, how do I attach my scans?

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I still have a current account with Bank Of Scotland and noticed transactions for Cash £1 dated 8th May and 15th June. I have no idea what these are but suspect that they are just automatically taking money from my account, which explains the £1 referred to in the letter.

 

Some time ago Blair Oliver made some vieled threat about offesting other money i had but I thought I'd put an end to that with the warning I gave them, but perhaps this is not so.

 

Any Ideas?

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Hi,

As you are now in dispute with them, I would get a new account with another bank not related to the halifax or its parent company. They will take money from one account and place it in another to pay your debts.

 

Here is a how to so that you know how to post up scans:

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

imagename.jpg{\IMG

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

--------------------------------------------------------------

 

It is easy

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks Silverfox, but i had thought i could upload here, I've need to create accounts elsewhere as I can easily accommodate images in other online facilities that I have

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I have added the images to another hosting account I have and so here they are:

 

bank_one_1.gif

 

and the reverse side

bank_one_2.gif

 

I welcome your comments on the validity of the aledged agreement.

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Could someone please comment on the legality or otherwise of these scans?

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Got a letter today from Blair Oliver & Scott which thanks me for renewing my £1 per month reduced payment plan and reminds me that HBOS may attach any other funds i have with them.

 

Strange thing is that I never contacted them to make any arrangement because i do not consider my CCA request to have been satisfied and therefore the account is in dispute, but I guess this does explain the spurious £1 that have been taken from my account.

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I really need some guidance urgently!

 

I have just received a citation from the Sheriff Court. Halifax have raised action against me but there are a number of aspects to this that I need clarified before responding.

 

1. Look at the bank ne Application above and give comment regarding its legality as a Consumer Credit Agreement.

2. The Citation is dated 14th October and states

“Grants warrant to cite the defender by serving upon him a copy of the writ and warrant, with form 03, on a period of notice of 21 days and Ordains him if he:-

a. Intends to defend the action....

b. Admits the claim ...

Etc”

 

As this was only received today 11/11/2009 i.e. 38 days later is this in itself valid?

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incase i am missing them

 

is there any cancellation rights?

 

do you have a default notice?

 

I would contact the court asap and advise re only being received - probarbly the postal strikes etc to check the status

 

 

Ida x


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There is a box headed YOUR RIGHT TO CANCEL just below my signature.

 

I have been through all letters from Halifax, Blair Oliver & Scott etc and at no time have they sent a Cancellation notice.

 

Postal disputes is nothing to do with it. There are other documents enclosed dated as at yesterday.

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Here is what I have:

Form 05 – The citation. Dated yesterday

Initial writ – an Ordinary Action outlining the condescendence etc. No date but the outstanding balance has a stated date of 5/10/09

Form 02 – Form or warrant of citation etc. This part is dated 14/10/09

Form 07 – Notice of intention to defend

Form 03 – Time to pay plus notes

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Here is what I have:

Form 05 – The citation. Dated yesterday

Initial writ – an Ordinary Action outlining the condescendence etc. No date but the outstanding balance has a stated date of 5/10/09

Form 02 – Form or warrant of citation etc. This part is dated 14/10/09

Form 07 – Notice of intention to defend

Form 03 – Time to pay plus notes

 

Hi Coactum

 

You need to submit From O7 (notice of intention to defend) and pay the fee, I think this is £80. You will then get a schedule of dates that define the early phases on the ordinary cause process.

 

Your application does not look like an enforaceble agreement to me, but take a look at similar agreements from Halifax taken out around the same time, I am sure there will be some but in England.

 

I am able to help you on the ordinary cause process having been through this myself, it looks daunting at first but is actually easier than the CPR process in England (IMO).

 

Can you post up the full wording of their summons, there should be a part called condescendences that are numbered. Once you submit your defence you will need to reply to each one, it can be as simple as admit or deny and leave the onus on them to prove but for CCA it is best to have a more substantive reply based on the Act.

 

You should also have a read of:

 

Civil Procedure and Practice (Green's Concise Scots Law) (Paperback) by Charles Hennessy.

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Thanks for your input Monty2007, I'll get busy with the scanner and tipex and have all online asap

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I've made copies of the first 5 pages. The remainder are standard stuff to be used to submit my response.

citation-1.gif

citation-2.gif

citation-3.gif

citation-4.gif

citation-5.gif

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I have already sent a response to the solicitors and found in the process that the reply address is actually the Bank of Scotland. This was sent recorded delivery and was largely based upon the suggested format Idainfife gave on http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/195822-m-more-court-papers.html

 

This is a request for all data that they might chose to use in the case.

 

I guess that I should consult a solicitor next but feel that before so doing I need to know precisely what me defence will be because I tend to find that the legal profession have a nasty habit of overloading their workload and unless you have spelt out every minute detail for them they are inclined to miss an opportunity. That is why I’d prefer to rely upon advise giver herein in the first instance.

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Hi Coatum

 

Back in 2007 when I received mine I contacted about 5 Scottish law firms and all but one told me to admit since the Pursuer would win. The one that agreed to defend wanted £5 K up-front. I decided to defend myself, bought a copy of Hennessey and spent a few weeks in the Mitchell Law library through in Glasgow. It was worth it.

 

Their writ is basic and your defence will be likewise, I don't think a solicitor could give you any advice other than what you will get on here. It is your choice though and going to court is not a challenge for everyone. If you are prepared for a fight which will last about 6 months then stick with it. If you seek legal advice the cost will be at least £5 K according to the firm that quoted me.

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Many thanks for the suggestion Monty2007. In light of my present financial predicament I expected that I would qualify for legal aid, but if so and the solicitor recommends accepting the claim does this mean that legal aid will cease?

 

I’m off to read up on your case. I note it was a few years ago, but once i spot any similarities perhaps I can return and ask you for more advice.

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I note in the second post within this thread that I should have sent my request to the court rather than the pursuers solicitor.

 

http://www.consumeractiongroup.co.uk/forum/scotland/173207-equivalent-cpr-31-16-a.html

 

In light of this I'm going to reply to the court in the morning and enclose a copy of that letter. Anything else I should do at this stage?

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I note in the second post within this thread that I should have sent my request to the court rather than the pursuers solicitor.

 

http://www.consumeractiongroup.co.uk/forum/scotland/173207-equivalent-cpr-31-16-a.html

 

In light of this I'm going to reply to the court in the morning and enclose a copy of that letter. Anything else I should do at this stage?

 

My original thread was removed as part of an agreement.;)

 

The cpr thread was way back when I was searcing for a route for document disclosure having just moved up here. In Scotland the process for small claims and summary cause actions is through serving the other party an "Indcidental Application". However for Ordinary Cause, as in your case this is done through a "Motion". Motions can be served by a solicitor or a certified bailiff, alternatively you can serve a "motion at the bar" when the case calls before the Sheriff. I served all my motions at the bar and it worked very well..............

 

Sorry, I don't know anything about legal aid, you will have to contact them directly.

  • Haha 1

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I know all about motions. I had one today shortly after the post arrived!

Edited by Coactum

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This is what Legal Aid say on their site:

Civil legal aid will provide funding for a solicitor to put someone's case in court. It covers the preparation work, as well as the hearing itself, and can provide funding for advocates, experts etc. (Most cases begin with advice and assistance, and civil legal aid may be the next step if necessary.) Here are some examples of issues that civil legal aid might be able to help with:

 

divorce and other matters affecting family and children

 

actions for compensation for injuries resulting from an accident, or medical negligence

 

housing matters such as rent or mortgage arrears, repairs, eviction

 

debt

 

immigration, nationality, or asylum.

The opponent of someone who has applied for civil legal aid has the right to object to the application for, or grant of, civil legal aid.

 

The Board assesses all applications in the same way and we must follow rules set down in law by Parliament. To be granted civil legal aid, all of the following tests must be met by the applicant:

 

they must qualify financially

they must have a legal basis for their case, sometimes called probable cause

it is reasonable in the particular circumstances of the case that they should receive legal aid

financial help is not available from someone else – like a trade union, insurance company or professional body.

 

So, it would seem that the bank can object to my application and halt it in its tracks even if I qualified.

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