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Halifax - dodgy default - agreement now terninated, help!


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Having refused to speak to Wescot about my Halifax account for the past few weeks I today received an official-looking letter from 'Nelson Guest & Partners, Solicitors' saying they've been instructed by Wescot who are 'considering legal action'. "We have suggested to our client that they should consider a settlement from you", which is very nice of them.

 

While googling Nelson Guest I came across this entertaining comment, apparently from a Wescot employee:

 

i think your ALL full of BULL S*IT, you all know you owe this money but refuse to part with any money you recieve from state benefits which HONEST people like wescot employees pay you through there tax. Pay up and stop being old moaning Women you stingy twats - you had the credit and deserve companies like wescot on you fat backsides

 

-- wescot wonder boy (wescotboy@hotmail.com), January 14, 2004.

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  • 1 month later...

UPDATE: Letter today from Halifax.

 

The letter is regarding my query of the £7.05 they claim I agreed to pay Blair, Oliver and Scott plus my assertation that the account no longer exists as they terminated the agreement following a dodgy default.

 

They say the £7.05 figure was based on the same amount they claim was my last payment on June 22, 2009 -- Will check my records later today but I do not recall ever making this payment, especially a bizarre random amount like that.

 

Blair, Oliver and Scott claim they have recevied no response to four letters they have sent-- even though all responses were sent recorded and signed for by people at their office. And the fact they have wrote to me today-- Morons.

 

They claim the account does exist because I signed the original agreement in June, 2005. Huh?

 

They recommend I make payments to avoid further collection activity.

 

Any thoughts/ideas?

 

Thanks... Mike

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  • 2 weeks later...

UPDATE: Letter today from Blair, Oliver & Scott containing "notice of intended court action" -- States: "Formal notuce is hereby given that our client has instructed us to commence court proceedings against you without further delay. Papers are now being prepared for commencement of action through your local court to seek a judgement against you... blah blah if your a home owner blah blah..."

 

"Pay now," or else etc.. etc... blah blah...

 

Is this another standard threat-O-gram?

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UPDATE: Letter today from Blair, Oliver & Scott containing "notice of intended court action" -- States: "Formal notuce is hereby given that our client has instructed us to commence court proceedings against you without further delay. Papers are now being prepared for commencement of action through your local court to seek a judgement against you... blah blah if your a home owner blah blah..."

 

"Pay now," or else etc.. etc... blah blah...

 

Is this another standard threat-O-gram?

 

It's a template letter. The muppets at blair oliver send that exact same letter out to everyone. LoL. It is a standard threat-O-gram.

]

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They ignore all my letters sent recorded 1st class, claim I never respond, phone me and hit a brick wall, and keep sending these legal threats.

 

I would love to go to court.

 

1. Dodgy defaults

 

2. Breach of CCA

 

3. Suspension of interest and penalties even if a judgement does go against me.

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no its a letter before action and needs a response

 

something like this

 

Request for copies of documents- (Civil Procedure Rules 1998: Pre-Action Protocols)

 

Your letter dated XXXX 2010 says that you intend to commence court proceedings against me within 7 days, and that you will issue a claim in my local county court to seek a judgement against me

 

For your assistance, my local county court is XXXXXXXXXXXXX

.

 

IYou have made plain your client’s intention to begin legal proceedings against me. Consequently this matter is now

subject to the*Civil Procedure *Rules as your letter appears to be intended as a “letter before claim”.

 

Therefore take notice that, I request you supply to me within 14 days true copies of the following documents:

 

1) The executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed, and

 

2) any further or subsequent notices, terms and conditions relied on.

 

If you are unable to supply these documents please confirm discontinuance of your client’s claim.

 

Take note that this request is not made under either CCA 74 or Data Protection Act 98. It is under Annex A paragraph 4.2(7) of the CPR Pre-Action Conduct protocol, for a copy of alleged documents which I believe are relevant but do not have.

 

Should you ignore this request, I shall in due course make another under CPR 27 or 31.14, as appropriate. If you fail to comply with that request, I will ask the court to strike out your client's claim as an abuse of process due to lack of reasonable grounds, or at least order proceedings be stayed pending provision of the requisite documents. The application will refer to this and previous document requests, and apply for costs.

 

FOR THE AVOIDANCE OF DOUBT, THE ABOVE SHALL NOT BE CONSTRUED AS ADMITTING THE EXISTENCE OR VALIDITY OF AN AGREEMENT WITH OR DEBT TO YOU OR ANYONE YOU CLAIM TO REPRESENT.

__________________

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DiddyDicky -- do BOS or the bank usually respond to these letters?

 

I also have a recent letter from the bank from it's complaints dept. explaining why the are chasing the debt claiming that I have failed to respond to numerous Blair, Oliver & Scott letters -- obviously a nonsence as they wouldn't be contacting me in response to a letter from Blair if Blair had not received any letters from me in the first place.

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no, the value of the letter to you will be later at court if/when they try to apply for costs

 

it's like a game of chess- planning moves in advance!!

 

to expand a little more........

 

lets say that this went to court and you lost

 

the creditor applies for costs

 

you show the judge this correspondence and the judge will say to the creditor

 

"you could have shown the agreement to the defendant months ago when he asked to see it and avoided your costs" - get lost (or words to that effect)

Edited by diddydicky
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DiddyDicky -- do BOS or the bank usually respond to these letters?

 

I also have a recent letter from the bank from it's complaints dept. explaining why the are chasing the debt claiming that I have failed to respond to numerous Blair, Oliver & Scott letters -- obviously a nonsence as they wouldn't be contacting me in response to a letter from Blair if Blair had not received any letters from me in the first place.

 

Mikexlr8,

I've sent the same letter to Robbers way, we've now rec'd a letter from Halifax saying their Customer services are looking into it and will get in touch soon?

 

I recommend you send the letter at least if it goes to court you can show that you have acted correctly and they just ignore you;)

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  • 4 weeks later...

TWO UPDATEs:

 

Firstly I got a letter today from iQor Recovery services on behalf of CAPITAL BANK?!?!?!

 

No word from Halifax that they sold the debt. Should I send them the 'do not acknowledge letter' as I have never had any deelings with Capital. the muppets at iQor may have put the wrong bank on the letter.

 

Second, response from Halifax in relation to sending letter sent, "Request for copies of documents- (Civil Procedure Rules 1998: Pre-Action Protocols"

 

They state, "I am sorry to advise you that I am declining your complaint.... I can confirm a copy of the document has been requested and will be sent to you under different cover, however for the avoidence of doubt, failure to supply this document does not warrant the cessation of legal action. Indeed, if the document is not provided it is up to the courts to decide whether the claim can be pursued."

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Hi Mikexlr8,

 

just bumping this for you. OH rec'd a response from Helifax and I will be posting it later on my thread, can't really work out if they are going to be seeking legal action or if they're just going to continue chasing and marking CRF.

 

Anyway, hope someone comes along soon to give you some advise.

Joemay:)

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What's your thread link Joe? Thanks

 

They finally sent me the CCA---bad photocopy but my signature is there, plus a copy of T&C on two separate sheets of paper.

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My Halifax thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/222366-halifax-another-dodgy-dn.html

 

Today I today received "a formal notice of court action" from Robinson Way Ltd "authorised by HBOS". Unless I pay in full within ten days they "may take action".

 

Don' want to hi-jack your thread mikexlr8, so nks22 will post on your thread.

Edited by joemay
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  • 4 weeks later...

UPDATE: New letter from iQOR.

 

They're offering me a great discount to clear the debt butr I have to call them to find out what it is. If I don't call within 72 hours they are sending the boys round to discuss full payment.

 

*gulp*

:)

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Was that sound the thud of your jaw hitting the floor, and your pants filling with liquid fear?

 

If they're coming round, ask them to bring the paperwork which shows a legally enforceable debt - it will save them the postage!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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