alifax and debt collection advice needed

[italy]

our halifax credit agreement was audited and they could not produce a signed copy and the interest rates were incorrect. The account went to the solicitors 8 months ago, we stopped paying. Now halifax have passed the account to a debt management agency who want it all repaying.

Advice needed

 

how do we deal with theses people

 

i thought halifax could not pass it on if it is in dispute

 

what do we do?

[vint1954]

our halifax credit agreement was audited and they could not produce a signed copy and the interest rates were incorrect. The account went to the solicitors 8 months ago, we stopped paying. Now halifax have passed the account to a debt management agency who want it all repaying.

Advice needed

 

how do we deal with theses people

 

i thought halifax could not pass it on if it is in dispute

 

what do we do?

They should not but they do. Have your solicitors not dealt with this?

 

Can you post a copy of the agreement that was sent, minus personal details.

[GARY68]

I think the original poster meant the solicitors of the halifax, if Im reading correctly,

 

halifax seem to wait (in some occasions) to land it on their solicitors lap to chase you or albion collections etc..

 

If they have no agreement then you should have put the account in dispute which seems you already have, you are right to have not paid and you will be accumulating a bad credit rating and the chances are you will have recieved a default notice,check this is valid for dates and if its not then this could be wiped off later.

Dont let them worry you about courts and threats.THEY HAVE NO AGREEMENT

send off for a sar and see what they have on you, charges-ppi-default notice.

claimback charges-defaults

claimback ppi

result*

 

In the mean time send this to the Halifax(put the date in they defaulted by not sending the original agreement-8 months ago)

 

ACCOUNT IN DISPUTE xxxxxxxxxxx

xx xxxxxx 2009

 

Dear sir/madam

 

Thank you for your letter dated xx xxxxxx 2009 (which I received xxTHxxxx)

This account has been in dispute since xx xxxxx 2009 after you have failed to respond to my request under consumer credit Act section 78,

To date executed agreement has not been supplied to me and whilst I appreciate Halifax has endeavoured to persuade me that provision of a copy of a standard terms and condition letter is sufficient to discharge you from further obligations under section 78 of the Act,

Likewise I too have explained that a mere copy of these are not a legally permisable substitute for the provision of a true copy of the executed agreement as required under section 78 as prescribed by regulation 3 consumer credit act(cancellation Notices and copies of Documents) regulation 1983

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in DISPUTE.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

You have Disregarded and ignored any of my requests and issued a Default and are threatening to pass this account to a third party

This clearly goes against OFT rules on accounts in dispute.

I will be making a complaint to the OFT and Trading standards about your debt collecting activities,

Halifax clearly have not done enough to resolve this situation and After threats of court action ,

Please be aware I will vigorously contest and counter claim any action,

Please also be aware that I too will instruct court action on Halifax under civil protocol rule 31.16 and 31.14.

 

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).

 

" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."

Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Please note you may also consider this letter as 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.

 

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.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, may be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

send this to the debt management company

 

Dear Sir/Madam,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY THIS ACCOUNT IS IN DISPUTE

 

I refer to your letter of xx/xx/09; the content of which has been noted. I am disappointed that my letter dated xx xxxxx 2009 appears to be insufficiently clear to enable your company to discern that this account is clearly in dispute

However, a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by HALIFAX Bank on xx/xx/09 with relevant fees .Halifax have been in Default since xx xxxx 2009 and until such times as they are able to honour this request, no payments will be forthcoming to anyone.

 

Under the circumstances, I suggest that you now liaise with "HALIFAX" before contacting me again. Nevertheless, any further attempts to pursue payment on a disputed account will be forwarded to the relevant authorities without any further notice.

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed a quote from page 5 of the guidance which states :

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

Clearly your pursuance of this debt falls into this category.

I HAVE NOTED YOUR REPEATED ATTEMPTS TO CONTACT ME AND HAVE RECORDED THESE AS SUCH TO WHICH IAM USING TO COLLECT A CASE TO FORWARD TO THE OFFICE OF FAIR TRADING UNDER THERE DEBT GUIDANCE RULES.

FURTHER MORE YOUR ATTEMPTS TO THREATEN ME WITH COURT ACTION WILL BE COUNTER CLAIMED IF NOT INITIATED BY ME

YOU MUST ALSO TO TAKE NOTE THAT ANYBODY SUCH AS “xxxxxx COLLECTIONS” TURNING UP AT MY HOME OR BUISNESS WILL BE REMOVED

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, may be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

I trust that this letter clarifies both my position and your own.

 

Yours faithfully,

ITALY