Halifax CCA - is this enforceable please ? They have passed to solictors!

[time35run]

Hi,

 

I hope you can see my scans below of the CCA that halifax have sent to me. It contains my current address (where I have blacked out) but no dates or signatures at all.

 

I CCA's them back in May, rec'd this a couple of weeks ago and they are claiming they have done enough ! They passed it to Westcott, so I wrote to Westcott and told them it was in dispute, they then asked for details which I ignored (as Halifax have all the details). Westcott have now passed the debt on to Nelson Guest and Partners who are threatening me.

 

I would be grateful if someone could tell me if this is enforceable and what I now do abot halifax/westcott and nelson guest.

 

Oh and I have applied for a SAR but not received it as yet.

 

Thanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited August 13, 2009 by time35run
remove personal info!

[time35run]

[time35run]

Sorry I can't seem to get the first page of the COA to go in without my details on it ! It just has my name and address pasted in....

Edited August 13, 2009 by time35run

[izools]

Try editing the picture after you've scanned it in with Paint (just right click the picture wherever it's been saved and go to "Open With" and then "Paint").You can then use the paintbrush or eraser tool over the personal bits.Save it and upload it, you should be hot to trot

[time35run]

Thank you, I will give it a go. Does anyone have any idea if this is enforceable please ??

 

Thanks

[time35run]

Anyone ? Please ?!

[birchave0]

when did you take out the card???

[time35run]

I am not sure but it was around 6 years ago I think. Does that help at all ? Thanks for replying !

[birchave0]

this is a COPY of the agreemnet, but not the original if that makes sense!

What they do is send you a template agreement and type your details in, address, account no., balance, etc.

The original agreement would have been signed by you and Halifax, it would have the perscribed terms.

 

This is just a statement of account really.

I would go back and ask for a copy of the original "signed" agreement. Chances are all they will have will be an application form of sorts.

 

PS they also have two different default rates, the new ones (£12) came into force in 2006 so have no connection to an account taken out over 6 years ago

[time35run]

Thank you, that is what I thought too and I responded when I got this stuff some weeks ago saying it was un-enforceable and i heard nothing further from them until i then got a letter from Westcott. I wrote to Westcott advising them it was in dispute and they responded asking for deatils of the dispute and asking me to pay the amount that wasn't in dispute. I ignored that letter (maybe not the best move?!)

 

Westcott have now passed it on to Nelson Guest and Partners.

 

Please could you advise me what letter I need to send to fend off Westcott and Nelson as I think Halifax had no right to pass it on while it was in dispute anyway ??

 

Thanks for your help.

Edited August 14, 2009 by time35run
spelling!

[birchave0]

here is a template letter that I've used on many occasions, I just change the names, etc

 

Miss birchave

 

DCA/Solictor/etc

 

ACCOUNT IN DISPUTE

 

date

 

Dear sir/madam

 

Re: − Account/Reference Number xxxxxxxxxxx

 

Thank you for your letter dated (date) ; sadly I feel that you are not in possession of all of the facts surrounding this account.

 

In January of last year I made two requests for information to Halifax Plc.

 

First was a full Subject Access Request under s7 of the Data Protection Act 1998.

The second was a request under the Consumer Credit Act 1974.

They were sent recorded delivery on 20-1-07 and contained the required fees.

 

To Date Halifax has NOT complied with either of my requests, and since such time - Halifax plc are in default, and the account remains in dispute.

 

They have failed to supply ALL of the information on the account.

They have also failed to provide a true copy of any “Executed Credit Agreement” for the account. An unexecuted agreement containing none of the prescribed terms and conditions or the cancellation details is neither acceptable nor enforceable - even with a court order.

 

This account and Halifax plc are/remain in default of these requests, and whilst they remain in default - they are barred under legislation from attempting to enforce any such alleged agreement.

I am sure you will be aware; enforcement under a contract includes requests/demands for payment, and/or performing any alleged term or condition of said agreement.

 

If you or Halifax process any data, or harass me for payment you are in breach of the CCA 1974, I will take court action for all breaches of the Act.

 

Following on from this, I would now confirm that whilst this account is in dispute, I expressly withdraw, and do not consent to any data processing regarding me - under any implied authority or otherwise; this is supported under s10 of the Data Protection Act 1998.

 

I would now instruct you to remove my telephone number from your records; if you are to contact me it must be in writing. You are not permitted to pass any information onto any third party.

 

I would also ask for a true copy of the authority, deed or notice of assignment allowing you to take action in regard to this account. Failure to provide this will be a breach of the OFT guidelines on debt collection.

 

I also intend to report Halifax and you to both the FOS and the OFT for your failings.

 

I would also like to inform you that both EOS and Blair, Oliver, Scott have returned this account to Halifax in the past seven months, I think you will find this is due to lack of information regarding this account.

 

Yours sincerely

 

 

 

 

birchave (Miss)

 

just change things around to suit!!!

[time35run]

This is a fantastic letter. Thanks so much !!!

[birchave0]

simples!!!!