Help with a letter please.

[natalie]

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 July 28, 2009 by natalie
typo

[natalie]

bump

[PGH7447]

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:

[natalie]

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.

[harrassed senior]

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.

[andie_303]

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

[natalie]

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.

[andie_303]

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

[Huff&Puff]

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.

[PGH7447]

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

[brokebutnotbeatn]

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.

[brokebutnotbeatn]

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

[Undercover-Elsa]

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

[natalie]

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.