Help & Advice needed please.

[seasidegirl]

Hello everyone, this is my first post although my husband has been reading these forums for a while now and said you are the ones to answer any questions we have

 

We both have credit cards that we are finding it harder to pay every month, when we initially got the cards we were both working, my husband full time and me part time.

Never had any problems with payments etc until recently and due to the present climate and ill health my husband and I are out of work.

The Cards are as follows, 1 capital one card and 1 halifax card that belong to my husband, the cap1 card is from approx 2001 and the halifax is from 2003, my card is a halifax card from 2003.

 

The amount owed on the cards are £3500 on the cap1 - and approx £2000 on each of the halifax cards.

The cards are not in default and regular payments have always been paid, but we are really struggling financially.

I have been reading about people asking for copies of the CCA and that a lot of people have found theirs to be unenforcable.

Could someone give us a little help starting the ball rolling with this please.

 

Thanks

[brindles]

Hi seasidegirl,

 

First of all you need to get a copy of your agreement, use letter N from the link below,edit to suit and dont frorget to include the £1 fee.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Once you have your agreement(if they send one) you will need to work out if it is enforceable(see link below).

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

hope this helps,

 

Brindles

[seasidegirl]

Thank you, I sent the first letter off yesterday, will report back here when I get a reply, If I do.

[seasidegirl]

Hello again, as of yet I have recieved nothing back from the Halifax, we have now waited 12+2 and also allowed another 2 days due to the postal disputes.

What would be my next step? is it the SAR or must I wait for a reply from the CCA request?

 

Thanks.

[maroondevo52]

Hi,

 

This is the 'dispute' letter.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Regards.

 

Scott.

[seasidegirl]

Thank you, I will send this letter off today.

I know it's a little late but it does allow for the postal strikes.

 

BTW, I did send the first letter to the Leeds address as listed on the credit card web page, so I will send the second letter also to this address, but I have seen somewhere on the forums that someone else has said it might have been better to send it to the Halifax address?

Edited November 5, 2009 by seasidegirl

[seasidegirl]

Hi sent the Account in dispute letter on November 5th to the halifax and have heard nothing from them yet it is noe the 13th December, is there anything else i need to do? thanks

[maroondevo52]

No, wait until they comply with your request.

[seasidegirl]

Today in the post i received a letter from Morcroft Debt collectors saying i am one month in arrears and that i am dealing with a third party it was quite a polite letter, but i dont know who the third party are, is there any letter to send to them regarding this matter, heard nothing from Halifax since my first post back in the beginning of October.

Thank you

Edited December 31, 2009 by seasidegirl
Not saying Thank you

[maroondevo52]

Hi,

 

Do you know how many charges have been applied to the accounts ?

[seasidegirl]

There has been no charges applied to the account the outstanding amount is the same as it was when i started this back in October.

 

Thank you

[maroondevo52]

Hi,

 

You could sent Moorcroft this..............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Regards.

 

Scott.

[seasidegirl]

Hi, I'm still waiting, not heard anything from Halifax or Moorcroft is this normal?

[maroondevo52]

You have nothing to say until they comply with your CCA request

[seasidegirl]

Thank you if I hear anything i will let you know

[seasidegirl]

Hi, this morning I received a letter from Incasso llp and this is what is said:-

 

Dear Mrs XXXXXXXX

 

RE: Halifax PLC

 

We have been contacted by iQor Recovery Services Ltd in relation to monies owed to Halifax PLC for the sum of £X,XXX.XX

 

Unless iQor Recovery Services Ltd receive payment within 10 days from the date of this letter, or you contact them with your reasons for withholding payment on telephone number 0845 146 0181 or at:

 

iQor House

33/34 Winkley Square

Preston

PR1 3EL

 

It is likely that we will be instructed to pursue legal action against you.

 

Should we be instructed, we will take whatever action we feel is necessary to protect our clients intrest.

 

Any legal action will include a claim for additional legal costs and intrest that may accrue.

 

Yours sincerely

 

Incasso Solicitors.

 

This is the first thing we have heard since sending the in in dispute letter to Moorcroft.

It seems they have passed it on, but I thought they could not do this ?

 

What now?

 

Thanks.

 

Also had no response from tha Halifax whatsoever regarding the original signed CCA.

[The Mould]

Hello everyone, this is my first post although my husband has been reading these forums for a while now and said you are the ones to answer any questions we have

 

We both have credit cards that we are finding it harder to pay every month, when we initially got the cards we were both working, my husband full time and me part time.

Never had any problems with payments etc until recently and due to the present climate and ill health my husband and I are out of work.

The Cards are as follows, 1 capital one card and 1 halifax card that belong to my husband, the cap1 card is from approx 2001 and the halifax is from 2003, my card is a halifax card from 2003.

 

The amount owed on the cards are £3500 on the cap1 - and approx £2000 on each of the halifax cards.

The cards are not in default and regular payments have always been paid, but we are really struggling financially.

I have been reading about people asking for copies of the CCA and that a lot of people have found theirs to be unenforcable.

Could someone give us a little help starting the ball rolling with this please.

 

Thanks

 

Hello there seasidegirl,

 

 

Sorry to hear about the ill health in your household, I know how stressful the situation can become.

 

Your financial crises is obviously factual and genuine, and when you communicate these facts to your creditors they are legally obligated to provide assistance to you.

 

You say that you feel or suspect that the Credit Agreement/Contract (s)might be unenforceable, so you should send a "Subject Access Request" under the Data Protection Act to the compliance managers of your creditors, enclosing the £10 Fee and requesting for a copy of all, each and every document that is held by them containing personal data that relates directly to you, they will then have forty (40) days to comply with your rights of access under the said act.

 

Do you think or feel that your circumstances are going to worsen due to ill health?

 

Communicate only in writing to your creditors, do not under any circumstances correspond via the telephone.

 

Have you made any contact with consumer credit councelling services or the national debt help line?

 

Are you going to attempt to have the debt written off if the contract is indeed unenforceable?

 

Are you going to attempt to reach a "Full and Final Settlement" payment to your creditors?

 

Good Luck, and please up-date

 

Kind Regards

 

The Mould

[seasidegirl]

Thank you for the reply but I think you have only read the first post, we have gone beyond that stage. Please see the post above yours.

[The Mould]

Hi, this morning I received a letter from Incasso llp and this is what is said:-

 

Dear Mrs XXXXXXXX

 

RE: Halifax PLC

 

We have been contacted by iQor Recovery Services Ltd in relation to monies owed to Halifax PLC for the sum of £X,XXX.XX

 

Unless iQor Recovery Services Ltd receive payment within 10 days from the date of this letter, or you contact them with your reasons for withholding payment on telephone number 0845 146 0181 or at:

 

iQor House

33/34 Winkley Square

Preston

PR1 3EL

 

It is likely that we will be instructed to pursue legal action against you.

 

Should we be instructed, we will take whatever action we feel is necessary to protect our clients intrest.

 

Any legal action will include a claim for additional legal costs and intrest that may accrue.

 

Yours sincerely

 

Incasso Solicitors.

 

This is the first thing we have heard since sending the in in dispute letter to Moorcroft.

It seems they have passed it on, but I thought they could not do this ?

 

What now?

 

Thanks.

 

Also had no response from tha Halifax whatsoever regarding the original signed CCA.

 

Hello again seasidegirl,

 

Obviously, I'm a bit behind on this one, sorry about that.

 

Right Incasso LLP are acting for Iqor who are acting for the Halifax.

 

Firstly they are all pursuing a course of conduct that they all know and ought to know amounts to harassment of another, and they also know that such conduct is against legislation.

 

These companies are committing an offence under the Protection From Harassment Act 1997, and further to that they are all committing an offence under the Administration of Justice Act 1970 sec 40.

 

Halifax are maintaining ownership of the debt, is that right.

 

You are in dispute with Halifax and Halifax are ignoring your dispute, yes or no.

 

Your personal data is being processed to another third party for a specific purpose, and no notice is being given to you as to the logic involved for the processing of your personal data.

 

Send a written communication to Halifax (RECORDED POST) addressed to the company secretary, state to Halifax, that if they do not instruct these third party companies to cease pursing you and processing your personal data with imediate effect, then you will, without serving any further notice, apply to the courts for an injunction order under the harassment act in order to bring an end to the harassment their actions are subjecting your household to, as a direct result of Halifax's Non-compliance with the FSA'S dispute handling proceedures, Halifax's Non-compliance with the OFT'S DEBT COLLECTION GUIDELINES, Halifax's Non-compliance with the Third Party Act 1999.

 

And also, if you claim that the credit agreement is unenforceable, then also state to the Company Secretary that the contract does not comply with the prescribed terms reqiured under the Consumer Credit Act 1974.

 

State to the Company Secretary, that they are required to cease pursuance of the debt with immediate effect, the contract is unenforceable therefore the processing of your personal data is absolutely unlawful.

 

Send a written short notice to the DCA'S informing them that you are in dispute with Halifax, and that you expect them to follow legislation and cease pursuance while you seek to resolve your dispute with the Halifax.

 

 

I hope this will help, if not please let me know, and I will see if anything else can be done, that letter from Incasso LLP is absolutely false, they have no authority or any right to claim additional cost from you, I have stopped Incasso LLP in their tracks with a major piece of legal action and Incasso absolutely sh't themselves, so don't let them cause you any worry.

 

I absolutely knocked the living daylights out of Iqor Recovery Services Ltd and they did not recover from the fatal blow and ceased pursuing me with instantaneous effect.

 

Good Luck, I am here to help if I can.

 

Kind Regards

 

The Mould

[seasidegirl]

Thank you, I will write the letters tonight and send them recorded first thing tomorrow.

[The Mould]

Thank you for the reply but I think you have only read the first post, we have gone beyond that stage. Please see the post above yours.

 

Hello again seasidegirl,

 

Hopefully I am now up to date with your post.

 

I just wanted to add, I do not have any intentions of causing you any worry, but Incasso LLP WILL carry out their threat, and send field collection agent to knock on your door.

 

But do not fear, the collection agent has no legal right or authority absolutely no power at all, do not answer the door, Incasso are relying heavily on your lack of knowledge of your full and legal rights, (Forgive me, I am not putting you down, all of these DCA'S rely on the consumers lack of knowledge regarding what can and cannot be done by them).

 

So its in your interest to get those letters sent asap.

 

Do you know if any of the DCA'S know that there is someone in your household who is in ill health?

 

Incasso LLP are not Iqor's in-house debt collection solicitors, Incasso LLP are part of Cobbetts LLP a corporate law firm from leeds.

 

Don't panic, If they call at your home, don't answer the door and definately do not let them in, they cannot come in, unless you invite them.

 

 

Is there anything else that I might be missing or do not know about your situation.

 

I have crafted, designed, engineered and constructed a battleship that I sail in the name Of Justice on these murky waters that the DCA'S travel on and I unload powerful, legal cannons upon their ships in defence of good people, to date, I have successfully sunk seven (7) mighty corporate battleships and all those on board, I will gladly defend you and any of my fellow good people who seek protection from these wicked nimcompoops, (I could say something far worse I know, but I do not wish to cause any offence to the good people on this forum).

 

Well seasidegirl, hold out and don't be afraid of these nasties.

 

Please up-date

 

Kind Regards

 

The Mould

[seasidegirl]

 

Halifax are maintaining ownership of the debt, is that right.

 

You are in dispute with Halifax and Halifax are ignoring your dispute, yes or no.

 

 

Halifax are maintaining ownership of the debt yes and they are also ignoring the dispute.

 

I will send the letter you outlined to the Halifax and also the "In Dispute" letter to incasso and iQor, I will also add on the letter to incasso that they have no right to visit me at my home and I will quote from the letter template on here why.

 

Thanks.

[The Mould]

Halifax are maintaining ownership of the debt yes and they are also ignoring the dispute.

 

I will send the letter you outlined to the Halifax and also the "In Dispute" letter to incasso and iQor, I will also add on the letter to incasso that they have no right to visit me at my home and I will quote from the letter template on here why.

 

Thanks.

 

Good evening seasidegirl,

 

Yes Halifax are absolutely responsible for this situation and they must deal with it directly with you.

 

If you have not sealed the envelopes already, inform Incasso LLP and Iqor that you will not accept any further contact from them while this dispute continues, and if they make any attempt to contact you then this action would absolutely be considered as harassment by the courts.

 

Iqor are members of the CSA and state that they comply with the CSA'S proceedures in debt collection practices, check it out on your browser.

 

 

Well good luck and sock it to them all, knock them out.

 

If they get heavy, don't panic, Its a scare tactic that these bullies use, they are all good for nothing and useless pieces of clay, they can't hurt you, so don't fear them.

 

 

Please up -date when you hear something back.

 

Kind Regards

 

The Mould.

[seasidegirl]

Hi, since sending these letters to Halifax, Incasso and Iqor I have today received a credit card statement from Halifax, this is something that I have not had since before this dispute started, I notice also on the statement is says that I have failed to make the minimum payments and also that there are no late payment fees and also no intrest charged to the account.

It urges me to contact them on their 0845 number to arrange payment.

I dont know if I am right in thinking that Incasso and Iqor have handed the matter back to the Halifax and they seem to be trying a different approach.

What do I do now? Halifax failed to send me a true signed CCA, they seem to be ignoring everything.

 

Thanks.

Edited March 31, 2010 by seasidegirl

[The Mould]

Hi, since sending these letters to Halifax, Incasso and Iqor I have today received a credit card statement from Halifax, this is something that I have not had since before this dispute started, I notice also on the statement is says that I have failed to make the minimum payments and also that there are no late payment fees and also no intrest charged to the account.

It urges me to contact them on their 0845 number to arrange payment.

I dont know if I am right in thinking that Incasso and Iqor have handed the matter back to the Halifax and they seem to be trying a different approach.

What do I do now? Halifax failed to send me a true signed CCA, they seem to be ignoring everything.

 

Thanks.

 

Hello seasidegirl,

 

What about your Subject Access Request?

 

Your dispute is with Halifax, Halifax need to discuss the matter with you, request the CCA again.

 

It seems that Iqor and Incasso have withdrawn until Halifax resolve the dispute, so that's a good thing for you.

 

Keep on at Halifax, in writing, until they start to deal with this matter properly.

 

I hope this will help you.

 

Kind Regards

 

The Mould