Need HELP with Halifax Credit Card, DCA Blair, Oliver and Scott.

[Sunny Bham]

I have a Credit card with Halifax which I was unable to pay of 2 years; I started to make payment of £18p/m to keep them happy.

Sent a SAR 28/07/09 to Halifax and had no reply yet.

I sent a CCA Request to Blair, Oliver & Scott DCA 23/07/09, I’ve received reply from Halifax for the CCA Request.

This is the Letter:

Dear Mr Xxxxxx

Our Ref:xxxxxxxxxx

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the Consumer Credit Act (CCA).

I have enclosed with this letter a copy of your reconstituted version of the executed agreement, a copy of your current terms and conditions and a signed statement of your account.

The copy of the agreement enclosed with this letter complies with the requirements of the consumer Credit (Cancellation Notices and copy of documents) Regulation 1983 (the “Regulation”). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement. If you are using the service of a claims management company we would like to remind you of the recent warning issued by the ministry of justice and citizens advice bureau. You can find more details about both at:

http://www.justie.gove.uk/new/newsrealease170209a.htm &

http://www.citizensadvice.org.uk/press_20090217

The ministry of justice headline reads “Businesses that mislead the public by claiming they can arrange for unpaid loans, credit cards debts or other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the ministry of justice”.

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and any default may also be reported to credit reference agencies.

Yours sincerely

Kenneth Doig.

Halifax have sent 7 peices of paper some printed double side none of which bares my signature.

How do i respond to this letter?

[cerberusalert]

I have enclosed with this letter a copy of your reconstituted version of the executed agreement,

It must be a 'true copy' not a reconstituted version.

 

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[Sunny Bham]

Thankyou cerberusalert , I'll send this letter out A.S.A.P recorded.

[brooooooooooce]

Hi Sunny

 

I got the identical letter from the Halifax and am in the middle of preparing my response. Just wondered whether you had received a reply yet?

[Sunny Bham]

Hi broooooooooce,

I sent the letter on 17/08/09 recorded delivery, No reply from halifax so far!

[brooooooooooce]

Hi. Thanks for your reply. Have you had a response to your SAR yet? I sent mine to Halifax last week and wondered whether they took you all the way to the 40 day limit or replied quickly. Cheers

[Sunny Bham]

I got a reply from halifax 7 days after sending my SAR, Letter stating that they have received my SAR request and will send the data request within 40 days.