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natalie

Help with a letter please.

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Okay I have decided I want to write to Halifax Credit Card, the full details of the account can be found here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/209726-halifax-credit-card-enforceable.html

 

But a brief synopsis

 

unenforceable cca

fault DN (remedy date BEFORE date on the letter)

account terminated

charges on the account (awaiting SAR but estimate around 1/3 - 1/2 debt consists of charges)

 

Okay what I want to say is that I intend to initiate court proceedings against them for the charges + interest AND libel for recording a faulty DN on my credit file. (I think I read somewhere that you can claim £1k)

 

However, I am willing to forget all legal recourse if they settle the account in full AND remove ALL adverse information from my credit file. This is non-negotiable, all or nothing. If they dont remove the info from my credit file then I will continue with legal action.

 

The account has just been passed on to Robbers Way so I have sent them the bemused letter, and obviously I need to wait for the SAR to work out exactly how much there is in charges, but this is kind of the route I want to take.

 

If people think its a bad idea please say, I wont be offended. The debt itself is for a little over £600, the arrears on the faulty DN for around £60 ,do you think they are likely to accept?

Edited by natalie
typo

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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bump


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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erm cake and eat it springs to mind,

 

you have a debt? they record a default but you ask for a cca which is unenforceable but you want to recalim charges and sue them for defamation:confused:


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Errr no! But the fact that there are unlawful charges on the account, and the fact that the default notice is not worth the paper it is written on (letter dated February, remedy date Jan of the same year) gives me something to negotiate with.

 

And how is reclaiming the charges any different from any one else reclaiming their charges? Majority of us are in debt, that's why we are here.

 

I'm really not sure what you are getting at.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If the CCA is unenforceable, then my advice would be to leave it at that. To go down the route of claiming back charges IMHO kind of gives an admission that the Agreement existed and 'could' be used against you in front of a judge whose sympathies lay with the Creditor?

 

I may be totally wrong, but that is what I have done with all my unenforceable CCA, even with masses of charges which, in theory could be claimed back.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

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I have to agree with the above - to try and claim back charges is infact tantamount to admitting the debt exists and you are liable.

 

If i was that company I would argue if I have to repay you the charges then you have to repay the remaining debt.

 

Plus if you are suing someone for damaging your credit file that is not a small claims case so you could be liable for substantial costs if you are ruled against

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So what do I do? Just wait for them to take me to court? I havent mentioned the faulty DN yet, although I am now getting threatening mail from Robbers Way (3 letters in a week) which is why I wanted to try and sort it out.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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You should persue the faulty DN etc but I do think you are pushing luck with charges etc.

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If Rebbers Way are still harassing you after you've sent them the bemused letter, then the next step is to report them to Trading Standards, IMO. And the OFT too, while you're at it.

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Errr no! But the fact that there are unlawful charges on the account, and the fact that the default notice is not worth the paper it is written on (letter dated February, remedy date Jan of the same year) gives me something to negotiate with.

 

And how is reclaiming the charges any different from any one else reclaiming their charges? Majority of us are in debt, that's why we are here. - Really, I thought we were here for the fun of it:rolleyes:

 

I'm really not sure what you are getting at. ERR - because by going for the charges YOU ARE ADMITTING the DEBT

 

So

 

either pay the debt then go for the charges

or

dont pay the debt and dont go for charges

 

which offers the most payback?

 

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

If people think its a bad idea please say, I wont be offended - I said and you were obviously offended


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Guys, having an unenforceable CCA doesn't mean you don't have a debt. You have the debt, you can admit to the debt...the problem for the lender is that the debt is unenforceable. Having a dodgy CCA doens't make the debt 'go away' not does it stop a DN being issued against it on your credit files. What it means is the lender is unlikely to take you to court! So, if you want to get the debt to a maneagble size, get charges removed and then negotiate payment that's a different matter. However, the lender can't legally enforce you to pay so its a personal choice.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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i.e. what you're saying is you don't agree with the amount of the debt!


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Hi,

I agree with the consensus here Natalie.

The usual route is..with no CCA they may bluster and threaten but can't take you to court to enforce..or if they did they'd obviously have a problem. You could argue, as some have done, that without a signed agreement they cannot register defaults on your credit file etc.

The faulty DN is a card up your sleeve if they were daft enough to summons you.

The reclaiming of charges is only usually done either on an ongoing agreement without other dispute, or as a backup in a disputed account in the event that they DO come up with a valid CCA.

Not heard of anyone doing BOTH because, as the others say, one cancels out the other.

At the end of the day though it's just our opinions and it's your call :)

 

All the best,

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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It was more a means of negotiation that actually going for the charges, iykwim. Kind of getting it sorted out and finished, rather than ongoing hassle for the next six years.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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