Halifax, no cca but trying to collect anyway - help please

[time35run]

Hi,

 

I applied for my CCA for the halifax sometime ago, they sent me a hashed up version which had no personal details at all and was considered on here to be unenforcable.

 

I then wrote to them again asking them to stop processing my data as the account was in dispute etc etc and received the letter below this morning (I chopped off the headed paper when scanning to avoid scanning my personal details!).

 

Firstly they are saying I request a 'reconstituted' CCA (I actually requested a true copy!). Then they go on to say that what they sent was sufficient copy (I think it isn't). They are saying the purpose of section 78 was to allow clients to see T&C's whereas I thought it was to check for a compliant agreement ?? They then go on to say they haven't got the CCA and won't be enforcing anyway while they search for it but the will continue with collection activities as the contract is still legal and not void ?!?! I thought collection and processing of data was not allowed whilst the account was in dispute ??

 

Can someone please please tell me how I deal with this stupid letter, they have already sold my debt on twice in the last couple of months and I still haven't recieved the info from the SAR which is well outside of the 40 days now.

 

 

Thank you !!

T35R

[IdaInFife]

too small to read

 

can you upload them to photobucket and repost?

 

ida x

[time35run]

Hope this is okay ?!

 

 

[cerberusalert]

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.**

[time35run]

Dear cerberusalert,

 

Thank you but I already sent that letter to them and the response from halifax is the one I posted above !

 

Any further ideas on how to deal with them or just resent the scots letter again ?

 

Thanks

[cerberusalert]

I'd just wait now to see what they do next otherwise you'll end up in a game of postal ping-pong.

[time35run]

Okay thank you !! I suspect they will just pass it on again and I will keep going round in circles.