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Halifax claimform - old Gold Card debt **DISCONTINUED + DEFAULT REMOVED**


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Hi everyone,

 

I have another thread running in Legal issues which refers to a loan I have with Halifax.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204302-spam-getting-grips-halifax.html

 

I probably should have posted it in this forum as it's not turned into a 'legal issue' YET ;-).... Anyhoo

 

This one is about the Credit Card...

 

I took out a card many years ago, I can't honestly say when and sometime ago they asked me if I wanted to Upgrade my card to a 'GOLD' one......being seduced by the world GOLD I agreed but I can't remember whether I upgraded on line or by post.

 

Either way, all should be revealed when or if I receive replies to my CA request and SAR which I sent off yesterday.

 

I have been paying an arranged amount to Blair Oliver and now this account is under review I decided to look at the paperwork and this is what I found hiding in my drawers (:p)

 

A default notice giving less than 14 days for remedy

 

Halifax Credit card default picture by Spamalot_bucket - Photobucket

 

And a threatogram from BO&S demanding full amount

 

BO&S Threatogram picture by Spamalot_bucket - Photobucket

 

I personally think they have shot themselves in the foot and filleted their own donkey so I will not be paying them another penny as I've already paid the arrears several times over...

 

Anyone else got the same situation? All advice welcome.

 

Thanks SPAM. :-)

 

I can't believe it .... this post was my 400th and I've just gone GOLD!!! how freaky is that :eek:

Edited by Spamalot
Flabbergasted.

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They say money talks......mine just keeps saying "Goodbye"

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Hi spam,

 

Well they seem to love pointing the old revolver downwards and pulling the trigger. I have the same faulty DN and then termination. I can't beleive that they are that stupid. Are they?

 

I keep writing to various people within the organisation, trying to educate them on the finer points of laws surrounding their chosen profession, but to no avail. They remain daft. They are not capable of stepping outside of the box to resolve anything.

 

Still not quite sure when to use the faulty DN and TN though.

 

Vint

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Thats your silver bullet wouldn't reveal that till you get to court.

 

cds

Thanks Vint and CDS :-)

 

I was given similar advice on the Loan thread... see who blinks first!

 

Vint, have you done anything so far? Do you have a thread?

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They say money talks......mine just keeps saying "Goodbye"

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Hi Spamalot,

 

Just lots of letters back and forth. The paper trail is in place, ready for their next move. I realy do not understand how some of these employees keep their jobs. I guess that they press button a at a certain point and on the process grinds. They are not capable of individual responses.

 

Silly thing is, if they had dealt with my situation in a better way from day one, I would not have ended up here on CAG. Glad they were ar******* realy.

 

The process seems the same realy for all CC companies.

 

Link is http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192034-halifax-unenforcable-agreement.html?highlight=vint1954

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

 

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

 

I sent my SAR 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!!!!:-x

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They say money talks......mine just keeps saying "Goodbye"

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A few sips of tea later...

 

I am wondering about ignoring the letter they have sent me with my Subject Access Request 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.:p

 

Any thoughts?

 

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

 

Spam. :-)

 

Copied from post in legal issues...

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They say money talks......mine just keeps saying "Goodbye"

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Hi Vint,

 

I updated my other threads but forgot this one. :oops:

 

They sent the CA request back too for same reason...

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/205407-silly-question.html#post2241849

 

Result of fume above.. :rolleyes:

 

And yes....the clock has been ticking sine last week.. :p

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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  • 3 weeks later...

Joy of Joys, I have today received my CA from Haliprats, with an interesting covering letter.

 

First the CA.

 

HalifaxCCApplication.jpg?t=1247478904

 

This application relates to my original account with them in 1995 which I believe was closed and the balance was transfered to a 'Gold Account' which had an entirely different number, so I'm not sure of the rammifications regarding that.:confused: Also they supplied a computer print out of T&C's as the ones above are so obviously illegible.

And then the covering letter.

 

Coveringletterforhalifaxcc.jpg?t=1247481257

 

It's comforting to know that they admit in writing that the account was definitely terminated on the back of the dodgy default considering the amount of speculation re terminations on the DN thread :eek:. I shall just have to wait and see what they come up with in SAR to see if there is any mention of the account change if not........:p it seems it never existed!! I shall wait with bated breath.

 

Spam. :)

 

.

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Hi Vint,

 

Yes it did, the original as you may be able to see began 4556 XXXX XXXX XXXX and the one in default which was the Gold Card began 4049 XXXX XXXX XXXX.

 

On my request I obviously stated the 4049 account but what they replied with was the 4556 ;)

 

I remember at the time of the changeover I had trouble because despite the original account being closed and the balance transferred to the new one they kept showing a balance of about a £1 or something equally stupid and it took them about 4 months to write it off so in effect I had 2 accounts running for a while!

 

This one could prove to be a bit of fun!! Can't wait for my sars to find out!

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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I didn't think of that!! How astute of you Vint :D

 

I wonder, should I send an account in dispute due to lack of CA or just send a letter saying thank you for the copy of my old credit agreement but can I now have the one I asked for...

 

It's difficult to know whether if I acknowledge the fact of them sending the wrong CA I would be alerting them of their mistake which might force them to be creative....:eek:

 

Definitely food for thought...either way BO&S are not getting a penny out of me.

 

Spam. :):)

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They say money talks......mine just keeps saying "Goodbye"

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Hiya - may well be on a similar path (although earlier) myself with this lot. Subbing as a result (and to learn from those more experienced!) :D

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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My first thoughts are that they believe that they have complied with your request. Well they would would'nt they!

 

If you are going to put the account in dispute, then you will need a reason. If you try the tack of, well this is a mere application form, no prescribed terms, then they may think that a Judge would enforce in Court. On the other hand you could notify them that they have not complied with your request, due to the wrong account number. Do you know what date you changed to Gold and if it was online?

 

As a final backup, you have the faulty DN and implied termination by BO&S requesting the full ballance. Did you ever receive a Termination Notice?

 

Final point is does the detail of your SAR, shed any light on how the change was made to a new account number.

 

Vint

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My first thoughts are that they beleive that they have complied with your request. Well they would would'nt they!

 

If you are going to put the account in dispute, then you will need a reason. If you try the tack of, well this is a mere application form, no prescribed terms, then they may think that a Judge would enforce in Court. On the other hand you could notify them that they have not complied with your request, due to the wrong account number. Do you know what date you changed to Gold and if it was online? I have no idea of the exact date the account was changed I think it was around 2001/2 and I'm almost positive it was online. I seem to remember just ticking boxes to upgrade it.. unfortunately the memory of the event is a bit foggy as I didn't anticipate ever having to recall it!!

 

As a final backup, you have the faulty DN and implied termination by BO&S requesting the full ballance. Did you ever receive a Termination Notice?

The letter posted above which was supplied with the copy of the application form states in no uncertain terms that the agreement was terminated on 11.3.08 That is the only written proof I have of the termination other than BO&S demanding full balance not long after the dodgy default, but it's good enough for me.

 

Final point is does the detail of your SAR, shed any light on how the change was made to a new account number. I haven't received the SAR yet and I am sincerely looking forward to it to see what they come up with.

 

Vint

 

I think the best option is just to put the Account in dispute having not received the correct CA and see what happens from there.

 

Onwards and upwards

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Mini Update..

 

Sent account in dispute letter to Halifax on Tuesday re the wrong credit agreement sent in relation to CCA request, they should have received it yesterday.

 

Got a text from them today asking me to ring them on one of their 0870 numbers... I think not.

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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  • 2 weeks later...

Hi all.

 

A post van came today with a special delivery from the Halifax... It was my SAR's reply...

 

A neat bundle with everything segregated with elastic bands and a legend for the abbreviations...

 

I dived straight in to look at the credit card section and discovered that the only CCA sent was the same as previously posted... Seems there is no agreement for the gold account!

 

It just shows a transfer of balance from the old account to the new and that's it!!

 

I haven't had time yet to plough through everything but as soon as I do I'll report back with my findings... or lack of. ;)

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Okey dokey...

 

Have gone through all the Credit Card section of my SAR's and it definitely seems as though they've transfered the balance from my Classic account to a Gold account without a separate agreement.

 

Also the balance has been 'Charged off' for some time another good indication of Termination.

 

Therefore I have an unenforceable credit agreement for the Classic account which is now closed due to the opening of the Gold account which doesn't seem to have an agreement at all :rolleyes:...A dodgy default and a termination of an agreement that doesn't exist.

 

I'm thinking about giving them another week to come up with an agreement as per my 'Account in Dispute letter' and then sending them a letter requesting them to write off the debt.

 

Any thoughts or suggestions from you more experienced people out there?

 

Thanks,

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Just an update,

 

I received another copy of the unenforceable agreement in the post today as a result of my account in dispute letter.

 

I would say they have been given every chance now to produce an agreement with regards to my Gold account but it would appear that there isn't one.

 

Which would be the best route to take from here?

 

Should I wait and see if they attempt litigation or would it be best to ask them to write off the debt as they have no agreement and they have invalidly defaulted and terminated an agreement that doesn't exist...?

 

Thanks,

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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  • dx100uk changed the title to Halifax claimform - old Gold Card debt **DISCONTINUED + DEFAULT REMOVED**
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