Spam Getting to Grips with Halifax.

[Spamalot]

halifax are bound by the words and deeds of anyone acting on their behalf!

 

Music to my ears..

 

I am tempted to send them the following letter with a spot of tweaking and CCA1974 referencing...

 

Dear Sir/Madam,

 

I have recently taken legal advice and been informed that I should no longer be making payments towards this account as it is now Settled.

 

In March 2007 I was sent a default notice with regards to the arrears on the account which then stood at £ 376.25

 

Less than 2 days after the default remedy date stated, I received a letter from ‘Albion collections’ acting on your behalf demanding the full outstanding balance of £10,948

which, I have also been informed, acted as a termination to the agreement I had entered into with yourselves.

 

That being said, it would appear that the default notice was not valid and therefore rendered the termination unlawful and my only being liable for the arrears owing.

 

I have paid this amount several times over in the past 2 years and will be looking towards claiming a refund of overpaid amounts in the no too distant future.

 

Please remove any defaults you have placed on my credit file regarding this account and mark it settled forthwith.

 

Yours faithfully,

 

Spam

 

Would this be construed as 'poking the bear' or 'filleting the donkey'?

 

Suggestions as to the wisdom or foolishness of this move gratefully received.

 

I have sent off CA request and Sar today with regards to this account.

 

Thanks,

 

Spam.

[diddydicky]

Music to my ears..

 

I am tempted to send them the following letter with a spot of tweaking and CCA1974 referencing...

 

Dear Sir/Madam,

 

I have recently taken legal advice and been informed that I should no longer be making payments towards this account as it is now Settled.

 

In March 2007 I was sent a default notice with regards to the arrears on the account which then stood at £ 376.25

 

Less than 2 days after the default remedy date stated, I received a letter from ‘Albion collections’ acting on your behalf demanding the full outstanding balance of £10,948

which, I have also been informed, acted as a termination to the agreement I had entered into with yourselves.

 

That being said, it would appear that the default notice was not valid and therefore rendered the termination unlawful and my only being liable for the arrears owing.

 

I have paid this amount several times over in the past 2 years and will be looking towards claiming a refund of overpaid amounts in the no too distant future.

 

Please remove any defaults you have placed on my credit file regarding this account and mark it settled forthwith.

 

Yours faithfully,

 

Spam

 

Would this be construed as 'poking the bear' or 'filleting the donkey'?

 

Suggestions as to the wisdom or foolishness of this move gratefully received.

 

I have sent off CA request and Sar today with regards to this account.

 

Thanks,

 

Spam.

 

 

 

belt N braces first things first

 

you need to make sure that they cannot be "creative" with their dates

 

so the first thing i would do is a SAR request so that you have copies of their files etc

 

when you write dont give them chapter and verse of your (possible) court case in case it comes to that

 

personally I would not write to them at all but simply ignore them but if i did write i would simply write and tell them that the balance of arrears of XXXXX that you note is outstanding at the time that they unfairly and unlawfully rescinded the contact, is in your opinion more than offset by a counterclaim due to this rescission that you would have against them however as a gesture of goodwill you will not take action on the counterclaim provided they now write off the matter and remove all adverse date from the CRA files

[Undercover-Elsa]

Hi Spammie

I'm tending to agree with DD here, don't give them any ammo yet. It's a war of nerves, who blinks first!!!

DEFINITELY send a SAR, and if necessary CPR them if they start sounding serious about Court. After reading and reading about this, the rule of thumb seems to be, be as sure as possible of your ground before giving the game away, then once you are, jump in just in time to prevent court, or as a last resort wait and hit them with it in Court as a defense.

I'm in a similar boat, still playing possum.

Others more experienced may have different views though, if so I would happily bow to their knowledge

Elsa xx

[diddydicky]

Hi Spammie

I'm tending to agree with DD here, don't give them any ammo yet. It's a war of nerves, who blinks first!!!

DEFINITELY send a SAR, and if necessary CPR them if they start sounding serious about Court. After reading and reading about this, the rule of thumb seems to be, be as sure as possible of your ground before giving the game away, then once you are, jump in just in time to prevent court, or as a last resort wait and hit them with it in Court as a defense.

I'm in a similar boat, still playing possum.

Others more experienced may have different views though, if so I would happily bow to their knowledge

Elsa xx

 

i wouldn't use cpr ( i take it you mean 31.16) as a "fishing excercise" youll end up with egg on your face and an empty wallet!

 

you can always use 31.14 in response to any claim from them- same restult but costs nowt (and by that time you will have had your SAR back

 

Its not just about winning but about making sure you are avoiding costs

[Spamalot]

I am back in my pram with my restraints on!

 

I thank you both for your sound advice. As I said earlier, SAR and CA went on it's way today so I will bide my time and let them bring the fight to me...

 

I won't pay them anything though!

 

Spam

[Undercover-Elsa]

As I said, I'm always happy to bow to superior knowledge

For reference to others following this thread:

DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

 

Elsa x

[pt2537]

i wouldn't use cpr ( i take it you mean 31.16) as a "fishing excercise" youll end up with egg on your face and an empty wallet!

 

you can always use 31.14 in response to any claim from them- same restult but costs nowt (and by that time you will have had your SAR back

 

Its not just about winning but about making sure you are avoiding costs

erm excuse me?

 

31.16, if used correctly, can be a fishing exercise but also very very successful, its all about strategy at the end of the day, however if a claim has been brought against you and the other side have pleaded that there was an agreement then you can ask for it under 31.14 and dont forget the right to inspection AT the premises of the creditor, puts the wind up most when you give notice of the requirement to allow access to the agreement

[diddydicky]

erm excuse me?

 

31.16, if used correctly, can be a fishing exercise but also very very successful, its all about strategy at the end of the day, however if a claim has been brought against you and the other side have pleaded that there was an agreement then you can ask for it under 31.14 and dont forget the right to inspection AT the premises of the creditor, puts the wind up most when you give notice of the requirement to allow access to the agreement

 

i understand your point and followed your debates on other posts in this respect but as the poster is only just sending off a SAR whihc could take 40 days i genuinely think a CPR31.16 could be considered unwise when there is no present need to do so

[diddydicky]

BTW whilst you are around.... is the right to inspect the document at the creditors premises limited to Court procedure - or can it )as i think it can) be requested under CCA?

[pt2537]

i understand your point and followed your debates on other posts in this respect but as the poster is only just sending off a SAR whihc could take 40 days i genuinely think a CPR31.16 could be considered unwise when there is no present need to do so

oooooooooooooh sorry, misread what you were saying, oooops

 

the only thing with the SAR is its the data not the documents you get under that route

[diddydicky]

oooooooooooooh sorry, misread what you were saying, oooops

 

the only thing with the SAR is its the data not the documents you get under that route

 

no probs. actually thats just raised a queery in my mind- so you cannot ask for a copy of the agreement DN TN with a SAR?

[Fingers60]

erm excuse me?

 

31.16, if used correctly, can be a fishing exercise but also very very successful, its all about strategy at the end of the day, however if a claim has been brought against you and the other side have pleaded that there was an agreement then you can ask for it under 31.14 and dont forget the right to inspection AT the premises of the creditor, puts the wind up most when you give notice of the requirement to allow access to the agreement

 

Hey PT

 

How do you go about the right to inspect the original or original copy a creditor has? For example a great deal of Halifax CCAs have T & Cs photocopied on the reverse but were not part of the original document...so how you would you proceed? Does this fall under the 31.16 procedures ??

 

Fingers

[Spamalot]

OK, I'm a tad peed off this morning....

 

As Victor Meldrew says ' I DON'T BELIEVE IT!'

 

I sent my Subject Access Request to Halifax, signed for post,containing a BLANK £10 Postal Order because I wasn't sure who to make it payable to.

 

They have sent back my request with the postal order and a covering letter with the box ticked 'PAYEE DETAILS ARE INCORRECT. THE PAYEE LINE NEEDS TO INCLUDE THE CUSTOMERS NAME AND, WHERE POSSIBLE,THE ROLL NUMBER OF THE RECEIVING ACCOUNT.

 

WTF....ARE THEY SO THICK THEY CAN'T EVEN WRITE THEIR OWN NAME!!!

 

Be back in a mo when I've calmed down!!!!

[Spamalot]

A few sips of tea later...

 

I am wondering about ignoring the letter they have sent me with my SAR and postal order enclosed and waiting for the 40 days and then complaining about them not fulfilling their duties...

 

My request was sent signed for post, their letter wasn't...I can prove they got mine....they can't prove I got theirs.

 

Any thoughts?

 

I sent my CA requests with blank PO as well....wonder if I'll get them back.

 

Spam.

[r&b]

hi spam, glad the tea had the desired effect.

id put their name on it, send it back with a sarcastic letter along the lines of i got my pet monkey to do it for u and by the way the clock is still running from when u received the first letter so i suggest u get ur jobsworth finger out of wotever orifice it currently stuck....ish

[diddydicky]

Hey PT

 

How do you go about the right to inspect the original or original copy a creditor has? For example a great deal of Halifax CCAs have T & Cs photocopied on the reverse but were not part of the original document...so how you would you proceed? Does this fall under the 31.16 procedures ??

 

Fingers

 

31.15 i believe

[diddydicky]

i might send it back with THEIR name on the payee line and point out to them that if i had done as they requested i would have been making the postal order out to myself!

[Spamalot]

hi spam, glad the tea had the desired effect.

id put their name on it, send it back with a sarcastic letter along the lines of i got my pet monkey to do it for u and by the way the clock is still running from when u received the first letter so i suggest u get ur jobsworth finger out of wotever orifice it currently stuck....ish

 

Nice idea.

 

i might send it back with THEIR name on the payee line and point out to them that if i had done as they requested i would have been making the postal order out to myself!

 

And another good one..

 

Whilst trying to find out exactly who to make it payable in the 'Halifax Forum..

 

Maroondevo suggested

 

Dear Sirs

 

Thank you for your letter of (date), the contents of which are noted.

 

Regarding your comments "Unfortunately we return herewith your postal order in the sum of £10.00 as it has been made payable to the incorrect payee." the postal order (which I have once again enclosed) has been left blank. I would respectfully suggest that as I am unsure what name your organisation conducts it's business under, you write the name of your organisation on it rather than return it to me.

 

Regards.

 

I shall make up my mind soon and decide which course to take... either way I am tempted to just put

 

'HALIPRATS'

 

and ask for a cheque for the sum of £2 in return for me having to send it twice.

 

Spam.

[car2403]

'HALIPRATS'

 

They'll probably be able to cash it if you do that

[Spamalot]

Mini update.. not earth shattering but it makes me feel better..

 

Unless anyone can edit this in a more scathing manner this is what I've come up with.... too much time on my hands..

 

Dear Sir/Madam,

I have today received my Subject Access Request returned with a covering letter

Saying ‘I have returned the enclosed cheque, as this is unacceptable for the following reasons:-

There is an X in the box which says;- Payee details are incorrect. The payee line needs to include the customers name and, where possible, the roll number of the receiving account.

May I firstly point out that the enclosed payment for £10 was in fact a POSTAL ORDER and not a cheque.

Secondly, If I had put the customers name on it, it would then be made payable to me.

Thirdly, as I do not know the name of the business under which you trade … Halifax?... HBOS?... Halifax Bank of Scotland plc … I had left the postal order BLANK so you could fill in the correct business name for yourselves.

This was meant to save time perchance I filled the business name in incorrectly but instead you have WASTED my time and money with this ridiculous charade.

I have again enclosed the BLANK postal order for anyone of you who has the ability to write to fill in with the business name of your company….. Should you find this too difficult please return it again to me with the name you would like to use and I will get my five year old niece to fill it in for you!

I reiterate PLEASE PUT THE NAME THAT YOUR COMPNY TRADES UNDER ON THE PAYEE LINE OF THE ENCOSED POSTAL ORDER.

Please be advised that my initial request was received by you on 17th June 2009 and that is the date from which you have 40 days to comply with supplying my data.

Regards

 

 

 

Spam.

Edited June 20, 2009 by Spamalot
addition

[diddydicky]

Mini update.. not earth shattering but it makes me feel better..

 

Unless anyone can edit this in a more scathing manner this is what I've come up with.... too much time on my hands..

 

Dear Sir/Madam,

I have today received my Subject Access Request returned with a covering letter

Saying ‘I have returned the enclosed cheque, as this is unacceptable for the following reasons:-

There is an X in the box which says;- Payee details are incorrect. The payee line needs to include the customers name and, where possible, the roll number of the receiving account.

May I firstly point out that the enclosed payment for £10 was in fact a POSTAL ORDER and not a cheque.

Secondly, If I had put the customers name on it, it would then be made payable to me.

Thirdly, as I do not know the name of the business under which you trade … Halifax?... HBOS?... Halifax Bank of Scotland plc … I had left the postal order BLANK so you could fill in the correct business name for yourselves.

This was meant to save time perchance I filled the business name in incorrectly but instead you have WASTED my time and money with this ridiculous charade.

I have again enclosed the BLANK postal order for anyone of you who has the ability to write to fill in with the business name of your company….. Should you find this too difficult please return it again to me with the name you would like to use and I will get my five year old niece to fill it in for you!

I reiterate PLEASE PUT THE NAME THAT YOUR COMPNY TRADES UNDER ON THE PAYEE LINE OF THE ENCOSED POSTAL ORDER.

Please be advised that my initial request was received by you on 17th June 2009 and that is the date from which you have 40 days to comply with supplying my data.

Regards

 

 

 

Spam.

 

i think you need to add a paragraph to the effect that this payment was to THEM for a SAR and NOT a payment into your account as this is what they appear to think the money is for

 

perhaps it got detached from the covering letter

 

to make the point i might be inclined to put half a dozen staples in it when affixing it to the letter

 

i would just put HALIFAX on the payee line

[Spamalot]

i think you need to add a paragraph to the effect that this payment was to THEM for a SAR and NOT a payment into your account as this is what they appear to think the money is for

 

perhaps it got detached from the covering letter

 

to make the point i might be inclined to put half a dozen staples in it when affixing it to the letter

 

i would just put HALIFAX on the payee line

 

The MAD thing is THEY have stapled the postal order to my SAR!!!

 

That's what's so LUDICROUS!!!! Chuffing Idiots. No wonder they got in deep doo doo with staff like that.

 

Spam.

[car2403]

Why do they have 40 days from the date they originally received it? You should quote the section from the DPA (s.7) stating the prescribed period begins when they receive the payment, not the day the receive the cleared funds.

[Spamalot]

AAAARRRRGGGGHHHHH

 

These people beggar belief.... got my CA request returned today for same reason.... rung the number on the covering letter to express my displeasure and to try and find out why they had been sent back and who exactly these postal orders need to be paid to and the nice lady said..

 

TO BE HONEST I DON'T KNOW!!!!

 

I will have no hair left by the end of the day!!!

 

Rant over... sorry

[Undercover-Elsa]

Morning Spammie

Take a deep breath. Breathe into this virtual paper bag...OK?

Repeat after me:

They are total tossers and I will not let them upset me. Their incompetence is doing me a favour. It will look good in Court.

Now, get a big thick marker pen

write HALIFAX PLC on the PO

On the back write Fee For CCA request account ref xxxxxx ONLY

 

Send it back saying

I ONCE AGAIN enclose a PO in respect of my CCA Request. It was deliberately left blank in order for you to fill in the correct payee name FOR YOUR COMPANY. As this has clearly confused you, or you may have run out of crayons, I have now filled it in for you. If you require further assistance I suggest you consult a five year old.

Please note, my original request still stands from the date you first received it.

Love and hugs,

Spammie xxxxx