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Old Halifax Visa account question


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5 kilos of SAR today.

Starts at 1991 with a brought forward balance.

 

No sign of a CCA or even an application form.

 

Maybe I will get some more....

 

Hi Summerbreeze

 

well what can they do know, magic one up. sure they would have included something:D

 

I know you will ,but i would keep your last letters admitting they havent got an agreement, and note the complaint ref no.

 

my guess is you will recieve a few more letters, which we can reply to from dc's which will get returned to halifax etc.. then they will stop.(sure they will just give up),

I would include all letters from dc and tell them there joining the list for a complaint to fos , they hate that at the Halifax,

surely they cant process your data to refrence agencys they have nothing signed,

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

but as far as enforcing this in court, surely your laughing,

lets hope this has been put to bed :)

 

 

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  • 1 month later...

I have been getting letters from Bloomin Orrible and Snotty regarding my card account and also regarding my O/D

 

Not worried about the card but they are threatening court action on the overdraft balance.

 

They did send me a DN on the O/D and terminated the account before the remedy date.

 

There are lots of charges included the amount demanded .

 

I did send a letter some time ago offering small monthly payments and this has been ignored.

 

I am thinking of sending a letter pointing out the DN/Termination issues and again offering small monthly payments on the amount owed not including all the charges lumped on .

 

This OD is a very small amount compared to my other debts and really dont want the hassle of another court case at the mo.

 

Any comments for me ?

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Hi Summer,

 

I wrote to them again at the beginning of the month copying in the acceptance of their unlawful termination and again inviting them to send me details of the arrears owing at that point [less possible damages for the recission of course]

 

Sent by Special Delivery and requested a response within 14 days.

 

The response came today from Blair and whatsit....

 

Formal notice ..instructed to commence legal proceedings!

 

I'll post it up on my thread at

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/229958-halifax-charge-21-85-a.html

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Hi All

 

Ok now I got the threatening letter from Body Odour and Snot regarding the card account.

 

The letter says that legal papers are being prepered.

 

This account has no CCA and was terminated before the DN expiry date.

 

Should I

 

a] write to them and point out the problems they face?

b] send CPR 31.16 ?

c] ignore and let them get on with it ?

 

Your comments welcome :)

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  • 2 weeks later...

Hi All

 

The O/D account has been passed to moorcarp very scary pre-litigation dept.

I got one of the famous ' even if not read by you ' letters.

 

Hmmm wondering whether to write and point out the fact that they have sent a termination letter dated before the expiry of the DN ?

 

What do you think ?

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  • 3 weeks later...

Latest letter from Moorcarp about the visa / mastercard account in a bright yellow envelope

' Notice of Possible Litigation ' and warning me of all the associated costs that MAY be involved

 

Moor carp are now chasing

 

1] My Visa / Mastercard [ No CCA or Application form and terminated before remedy date on DN ]

2] The joint [ mine and OH ]overdraft [ No signed anything and lots of charges and terminated before remedy date on DN ]

 

Perhaps I should send a suitable letter or 2 ?

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Hi summer

 

It may be a good idea to put it on record with Moorcrofts - not that they will take much notice but it will be to your benefit in the court's eyes if you have been seen to inform them of the error of their ways in an attempt to save unnecessary court time & expense ;)

 

Dear Sirs

 

1. Acc No: xxxx (Visa/Mastercard)

 

In respect of the above account, please note that on xxxx I made a request under S78 of the CCA1974 for a copy of my credit agreement to be supplied by your client, Halifax Bank. To date that request is still outstanding & I have written confirmation from your client that they are unable to produce the agreement at the present time.

 

You will be aware that whilst this situation persists, you would be acting unlawfully if you were to attempt to enforce any alleged agreement & any such action would be vigorously defended. For your reference, your attention is drawn to S78(6a) of the CCA1974.

 

2. Halifax Current Acc. No:

 

In respect of the above account, please note that your client has again failed to supply any agreement specifying the arrangements for any alleged overdraft it facilitated & it was terminated unlawfully by Halifax Bank on xxxx; furthermore the sum notified by you contains many unfair charges which will, in due course, be the subject of a claim for refund by myself. Should you commence legal action, it will conveniently form a counterclaim.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 2 months later...

Crappohunters?

 

Sorry can't work that one out and I need to be prepared as I am currently with Robinsons way for one and Albion for another!

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Crappohunters?

 

Sorry can't work that one out and I need to be prepared as I am currently with Robinsons way for one and Albion for another!

 

Sorry about the cryptic clue Dotty

 

I mean those who go questing for crappo ;)

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OK ... letter from CQ today and they are " looking into " my complaint !

 

Also letter from moorcrabs offering 25% off the OD to settle ......

 

Why are Moorcroft still contacting you if the account has been passed on to CapQuest ?

 

It is my understanding that the use of multiple agencies to collect one debt is in breach of OFT guidelines. It might be worth reminding Moorcroft that as this account has been passed on to CQ then you dont expect to hear from them again. If you do, then you will be contacting the OFT.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Why are Moorcroft still contacting you if the account has been passed on to CapQuest ?

 

It is my understanding that the use of multiple agencies to collect one debt is in breach of OFT guidelines. It might be worth reminding Moorcroft that as this account has been passed on to CQ then you dont expect to hear from them again. If you do, then you will be contacting the OFT.

 

Hi CB

 

Thanks so much for looking in. :)

 

I didnt make it clear that only the CC account has been passed to CQ.

 

The OD is still with Moorcrabs and its the OD that has the settlement offer.

 

They will have to go a lot lower before I can even begin to consider it anyway :razz:

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Aha, right. I wonder why they only passed one part over ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...
Today brings a ' Formal demand ' from Robbers W for the OD ... boo hiss

 

I have 10 days to pay up

 

Is it just another threat-o-gram--sounds as if it is.

 

These people must have innumerable letter templates labelled 1 to infinity which they send out to us in ascending order!

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