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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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tiger1506

Tiger1506 -v- Halifax

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hi - i have been following various threads, which have been useful, regarding the situation with the issues regarding unenforceable agreements.

 

i am in receipt of a letter from the hlaifax confirming that they have presviously sent 'reconstructed versions of the executed agreements which comprised of the original and current t&c's. They feel that these were suitable asregulation 3 (2) (b) provides that a copy can omit any signature box, signature or date of signature.

 

they have confrimed that they are not able to provide a copy of the original signed agreement however can confrim that their procedure was always to obtain a copy of the customers signature to an agreement containing the prescribed T&C's before entering into a credit agreemnt and as such they feel that they are confident that the agreement remains enforceable.

 

furthermore they have also advised that the contract still has legal effect and is not void but they are merely prevented from seeking enforcement oredr from courts. they have advised that should this matter go to court then they will adduce evidence confirming their procedures.

 

they also state that because i have not previously disputed the account since2002 and that previously have made payments to the account they feel that i have no basis for the dispute.

 

they hope that te above information clarified the position.

 

i have sent all requests to them recorded delivery and i have also copied in balir scott. in addition i have also reuested all comms to be in written format but good old blair scott ignore this despite having received the letters requeting this. they have recently left a message on my mobile requesting i call and have also sent a test to me asking to call. Should i send a copy of the Halifax letter to them? - will this do any good?

 

what should i do next? :Cry: - any ideas would be gratefully received

 

thanks

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hi - i have been following various threads, which have been useful, regarding the situation with the issues regarding unenforceable agreements.

 

i am in receipt of a letter from the hlaifax confirming that they have presviously sent 'reconstructed versions of the executed agreements which comprised of the original and current t&c's. They feel that these were suitable asregulation 3 (2) (b) provides that a copy can omit any signature box, signature or date of signature.

 

they have confrimed that they are not able to provide a copy of the original signed agreement however can confrim that their procedure was always to obtain a copy of the customers signature to an agreement containing the prescribed T&C's before entering into a credit agreemnt and as such they feel that they are confident that the agreement remains enforceable.

 

furthermore they have also advised that the contract still has legal effect and is not void but they are merely prevented from seeking enforcement oredr from courts. they have advised that should this matter go to court then they will adduce evidence confirming their procedures.

 

they also state that because i have not previously disputed the account since2002 and that previously have made payments to the account they feel that i have no basis for the dispute.

 

they hope that te above information clarified the position.

 

i have sent all requests to them recorded delivery and i have also copied in balir scott. in addition i have also reuested all comms to be in written format but good old blair scott ignore this despite having received the letters requeting this. they have recently left a message on my mobile requesting i call and have also sent a test to me asking to call. Should i send a copy of the Halifax letter to them? - will this do any good?

 

what should i do next? :Cry: - any ideas would be gratefully received

 

thanks

 

 

Hi there tiger,

 

Lets say that you are driving a car at a very high speed (well over the limit required).

You then passing by a speed camera. The camera does not have a film or the flash does not work....

You have escaped the fine...once you drive again another time, the camera has been repaired and in a good state of functioning. This time you have driven again and the camera was working. Few days later you have through the letter box the fine..to pay within n..days otherwise extra charges will be added, then court, etc. Other examples can be taken..eg: council tax,...

It is exactly with the banks. As you were not aware of this rules and regulations that a bank should comply with all these years and you have disovered at a later date, that is the time you have to reclaim everything.There is no law to stop you anyway in this matter.

BANK supposed to know all these rules and regulations, the law in this matter before starting the business and to fully comply with it.

1. If they didn’t know it is their problem to repay everything back to the customers

 

2. If they did know it then not only they have to repay back everything but compensation for hiding the truth, lying and cheating, etc. Not to mention that all the negative data to be erased from their system, etc...see some of the forum threads....

3. Apologizing in writing ...

4. Return of all the profits made to the date from these money since the opening the acc...

Remember: we are the ones to keep them in business....Once this is over remind me these days we were going through .....they will not see anymore our money deposited with them...and then they will cry for us...

 

That is my dear friend what they have to do....without these don’t even think to let them escape unless there will be an agreement they will come up with to please your heart already broken and kicked around for so long....

Do not give up your dreams just for other’s jelosy, opinions, misleading, you name it....

Only follow your heart...as it’s the only truth thing...:cool: and wait for others to reply as they are lots with very good legal ways ...see vint, lexis, maroondevo, yourbank,etc...at least I have had lots of help so far from them..

DD

Edited by London000

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hi - thanks for your words of wisdom :) i will review those you have mentioned

 

today i am in receipt of a letterto day (12th August) from blair scott (working on behalf of halifax) advising that if i do not contact then within 7 days of the letter dated 6th august that they will take enforcement action and go to court to put a charge againts my house !!

 

can this be possible given that Halifax have have cofnirmed thay they do not have a copy of the agreement?

 

any responses would appreciated as i need to contact them

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Sounds like the usual rollocks-why not upload the letter minus personal details for the more experienced caggers to rip apart:D

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hi

 

the letter is generally short and sweet!!! and contains the information posted in my intial posting at the start of this tread prior to that they have sent the usual computer generated rubbish hoping that i would slope off into the distance :lol: but i went back and asked for more;-)

 

i think thats why they are slightly miffed and are still allowing blair scott oliver - debt collectors to now threaten legal action with them sending a letter to me stating that if they have to they will go to court and put a charge against my house - might be a bit diffcult if they do not ahve the paper work but this is generally how these bullys get their big profits !!!!

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BSO are just the inhouse collectors for Halifax.

 

There are many threads and posts on here showing how to deal with them.

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