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Halifax - Mrs Rentarded has a go


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After obtaining and gaining some great advice from these forums I decided I would see what could be done with Mrs Retarded situation.

 

Mrs Retarded has a credit card with Halifax, she has had this for a few years, always paid on time (as with everything else) and she has never encountered any problems with credit. A few months back she received a letter from Halifax stating that they will be putting her APR up (after some notice period) from 16.9% to 25.9%. She has a few thousand on this balance and has always paid at least double the minimum payment as the card was used mainly as a day to day running expense. Mrs Retarded was also offered a cancellation of the account with the balance to remain as well as the current 16.9% APR until cleared, looking at her options we both agreed that this would be for the best, she is now continuing to pay more than the minimum although the draw of actually having this card has now been withdrawn.

 

I advised her of this site and said that I have received some great help from a very useful forum. So last Friday 12th June we sent the basic CCA request through to Halifax and on Saturday we received a response (I will post up later when I get home). Basically they have sent us through a copy of their terms and conditions, not even a signed application form... They have advised us that they will not be communicating further with the issue as they have met their legal requirements. They also showed concern that Mrs Retarded may be using a 3rd party agency in which we received 2 links to where the OFT has provided warnings against these companies... All in all the letter seems pretty standard although they have supplied absolutely nothing of any personal relevance what so ever.

 

I was going to send this before taking the next action,

 

Dear Halifax,

 

Thank you for your letter dated 18th June 2009 re a/c xxxx. I must confess that I am a little confused with your response, I had hoped that this would be part one of many to address my concerns surrounding the credit agreement however after reading that this is your "only and final communication on this matter" I understand that you may not be sending anything else though. As you are aware we are still within the initial time frame so I will not be taking any further action until this time has elapsed.

 

To clarify what you have send so far is not a credit agreement as required by law. I also appreciate your concern with my use of 3rd party agencies although I can confirm that I am or have never used 3rd part agencies through out this issue.

 

Should you fail to provide me with a true, executed credit agreement with the correct terms within the prescribed time scale I will take further action.

 

I Look forward to your response,

 

Regards,

 

Mrs Retarded

 

Am I right in thinking that once the 12 + 2 days has gone we should issue a "account in dispute" letter to Halifax?

 

Thanks again, this should be an interesting one...

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After obtaining and gaining some great advice from these forums I decided I would see what could be done with Mrs Retarded situation.

 

Mrs Retarded has a credit card with Halifax, she has had this for a few years, always paid on time (as with everything else) and she has never encountered any problems with credit. A few months back she received a letter from Halifax stating that they will be putting her APR up (after some notice period) from 16.9% to 25.9%. She has a few thousand on this balance and has always paid at least double the minimum payment as the card was used mainly as a day to day running expense. Mrs Retarded was also offered a cancellation of the account with the balance to remain as well as the current 16.9% APR until cleared, looking at her options we both agreed that this would be for the best, she is now continuing to pay more than the minimum although the draw of actually having this card has now been withdrawn.

 

I advised her of this site and said that I have received some great help from a very useful forum. So last Friday 12th June we sent the basic CCA request through to Halifax and on Saturday we received a response (I will post up later when I get home). Basically they have sent us through a copy of their terms and conditions, not even a signed application form... They have advised us that they will not be communicating further with the issue as they have met their legal requirements. They also showed concern that Mrs Retarded may be using a 3rd party agency in which we received 2 links to where the OFT has provided warnings against these companies... All in all the letter seems pretty standard although they have supplied absolutely nothing of any personal relevance what so ever.

 

I was going to send this before taking the next action,

 

Dear Halifax,

 

Thank you for your letter dated 18th June 2009 re a/c xxxx. I must confess that I am a little confused with your response, I had hoped that this would be part one of many to address my concerns surrounding the credit agreement however after reading that this is your "only and final communication on this matter" I understand that you may not be sending anything else though. As you are aware we are still within the initial time frame so I will not be taking any further action until this time has elapsed.

 

To clarify what you have send so far is not a credit agreement as required by law. I also appreciate your concern with my use of 3rd party agencies although I can confirm that I am or have never used 3rd part agencies through out this issue.

 

Should you fail to provide me with a true, executed credit agreement with the correct terms within the prescribed time scale I will take further action.

 

I Look forward to your response,

 

Regards,

 

Mrs Retarded

 

Am I right in thinking that once the 12 + 2 days has gone we should issue a "account in dispute" letter to Halifax?

 

Thanks again, this should be an interesting one...

I got something similar fromHBOS, so I sent back a dispute letter stating that until they responded and provided what I requested that they must consider the account to be in dispute and this letter to be my final response.

Also stated "for the avoidance of doubt I confirm no payments will be made to you or anybody else until you provide a signed and fully enforceable agreement, compliant with the Consumer credit act"

Seemed to shut them up.

Turn the situation around on them.

Take Care

Jon

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they can use section 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 to avoid sending you a signed copy. Although to be honest the only reason i can think of for them using this is because they do not have the original anymore.

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they can use section 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 to avoid sending you a signed copy. Although to be honest the only reason i can think of for them using this is because they do not have the original anymore.

Or because they know the original is Unenforceable.

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  • 2 weeks later...

OK after the initial response we have heard nothing so I have odopted teh default letter to suite and Mrs Rentarded will be sending this first thing in the morning... Hope it's OK!

 

1st July 2009

ACCOUNT IN DISPUTE

A/C No – xxxxxxxxxxx

Thank for your letter dated 17th June of which all the contents have been noted. I am particularly grateful that you also spent the time on forwarding 2 links however I must advise that I am not using a 3rd party to address my concerns. I also acknowledge the contents of that communication however remain unsatisfied with the details as this is not what was asked for.

You have failed to respond to my legal request for you to supply me a true copy of the original credit agreement for the above account.

On 15th June I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was sent via recorded delivery and signed for within your office. You have failed to comply with my request, and as such the account entered default on 29th June 2009.

The document that you are obliged to send me is a true copy of the executedagreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As I am sure you are aware the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired!

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully,

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