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    • Then say that then...   and raise an irresponsible lending claim against them if you think its true, but i seriously doubt any lender even one as bad as kenny's would not have carried out extensive checks.   Now if they did then your alternative is to get an sar running and get reclaiming all their unlawful fees.   Plenty of threads here on kenny's and reclaiming.   Dx    
    • What is the name of the company you are dealing with? Why haven't you told us? If the other thread you have been looking at is the thread relating to Ideal Windows then you will see that we have been advising that the customers should give notice. It sounds very similar to your problem. You should give notice. You must inform them that time is of the essence and that given all of the delays you can only now give them seven days to agree to complete the installation job within 14 days (including the seven days). I'm afraid that courts won't normally accept a peremptory cancellation – even if the delays have been excessive. I'm afraid that by communicating with them and broadly by accepting the delays to a certain extent, you have been complicit in agreeing the delay. So now you have to take control and bring it to an end to but you have to do this with notice. I suggested that the work should be completed within 14 days – but how long should the installation take? The reason for giving them notice is that even though a date may have been fixed for completion, generally speaking reasonable delays are considered to be acceptable – and the courts are well aware that the installer may have incurred costs and should be given a reasonable time to complete the contract. Once you give notice that the contract will be treated as terminated because the delays are becoming not acceptable – then you generally speaking satisfy the requirements of the court that you have treated the installer fairly.
    • HSBC’s results show estimated credit losses across its UK bank were just $160m in Q3, reflecting a huge drop from $1.5bn in Q2 View the full article
    • The only thing Is I cant get the stuff they want by then. They said they might stop my childcare which I rely on. Thats whats worrying me x That and I hate talking on the phone I really struggle with it.
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Old Halifax Visa account question


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Hiya Dotty

Thanks for replying . I am just so down at the moment.

I am just a bit unsure about defending an OD claim. I have successfully defended a loan claim and have seen off [ up to now ] most of the CC accounts that have been passed to DCAs

I know there is no documentation regarding the OD as its from the 1980s but all the letters about it come out in duplicate so they could summons OH as well as me and he definitely could not deal with that.

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Hi Summer,

 

Same as you have been doing,I would have thought.

 

When I had a go at RW they just came back with a similar response from Halifax.

 

Ignored it and its now with iQor who have just got Mackenzie Hall to send a photocopy style letter purporting to come from a Stratford based firm of solicitors who 'might' advise court action and who also instruct me not to respond to them [solicitor] but to iQor --so will be writing to Halifax asking if their original letter saying 'we will not be enforcing as we search for this that and the other' has been forgotten about.

 

Just reread this post from Middy ...thats the same sort of letter me and OH have just got !

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Well you have a lot to cope with at the moment so it's not surprising you are feeling low.

 

Have you written to the Halifax to advise them of your OH's illness? I am not saying it would make a lot of difference to their behaviour but at least it is on record and any continued threats could be considered unreasonable.

 

I have not got any experience to advise what to do with the OD account but I am sure someone will be along to help, but The Mould is very good when it comes down to help with F & F's

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Hi Summer

 

I received a couple of letters from Geoffrey thingame so I phoned Halifax and asked if they still considered my a/c to be unenforcable and when they confirmed that they agreed to tell iQor to back off.Peace for 2 months then last week received a threatogram from Westcotts!

 

As Dotty suggests why not write to Halifax-together with a covering letter from your OH's GP-explaining your situation.

Any company with half a brain should grant you some leeway especially if you include that if they do not ease up on you,you will seek publicity by any means to point out their stance--publicity that I think they will not want in the present climate.

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  • 4 weeks later...

The Halifax reduced my overdraft then removed it totally because I wasnt using it and they appeared to start this nonsense a few years back, also reducing peoples credit limit to just above the balance to stop you having access to more credit they seem to think this is them being responsible lenders?? Not sure it be my first term used to describe them

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  • 1 month later...

Hello Friends ..needing your advice again.

I have submitted a F and F for the joint OD account . My first offer was rejected so send a further offer of just a little more and havnt heard back as yet.

I sent a letter to the IQ people regarding the CC account in my name only and told them that it was in dispute due to no CCA

I have now received a packet of statements going back to 2004 and a demand for payment.

No CCA included of course as there isnt one available and no reconstruction either.

Curiously the account number on the statements changes completely half way through with nothing to indicate why, no transfer of balance or anything. I think it may be because it changed from a Visa to a Mastercard.

 

Any ideas what I should do now ?

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Hi summer

 

IMO, don't remind them that they cannot enforce without having fulfilled S78, wait until they try & then you have another arm to your defence. However, just so it looks good for you in court if necessary, I would write & tell them that they still haven't sent you a copy of your agreement as requested under the CCA1974 & that until they can prove to you that such an agreement exists, you will not be sending them any further payments.

 

I would also ask them to confirm under CPUTR that such an agreement exists. See this thread for further info on using this legislation as a very useful tool in such circumstances:

http://www.consumeractiongroup.co.uk/forum/showthread.php?291468-Fighting-back-with-CPUTR-2008....

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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  • 9 months later...
  • 3 months later...

Just a little update.

 

CC a/c referred back to Halifax who again wrote to say they have no CCA and cannot enforce. Wonder who they will send it to next ?

 

O/D now in hands of 2nd Crudit [ you know who I mean ]. They state in writing that they have bought the O/D and they are willing to accept my F and F on the terms I have asked for so will be sending 3rd party Chq for that and good riddance.

 

Hubby currently in remission and life a lot sweeter . Best wishes to all my friends on Cag xx

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  • 1 year later...

Long time no hear but this ac now in the hands of CQ.

 

I sent off a letter saying I have never had a proper response to S78 request in 2009 and that I have a letter saying no CCA available and they responded saying they would request the documents from LLoyds banking group.

 

A further letter now saying they have received the documents from Lloyds but need me to call them to confirm some security details before sending them to me.

 

I definitely will not be calling them and willl write to insist they fulfill their obligations to respond to the old S78 request.

 

My question is this . Has anything changed regarding S78 requests ? Do I need to send a new S78 request to CQ ?

 

I am certain they cannot have the CCA as the OC has sent 2 letters confirming none available and suspect they just want a contact number to harrass me on.

 

I havnt had much dealings with creditors for quite a while and just want to make sure nothing has changed.

 

Thanks for any input

 

Summer x

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