Help & Advice needed please.

[seasidegirl]

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It seems that Iqor and Incasso have withdrawn until Halifax resolve the dispute, so that's a good thing for you.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

 

Should I write asking for the CCA and enclose a copy of the original request ?, I did enclose a PO with the first request and they did not send it back, or shall I do a new CCA request and send another £1 PO?

Or should I send the dispute letter again stating they have failed to supply the true signed CCA?

 

Thanks.

Edited March 31, 2010 by seasidegirl

[The Mould]

Should I write asking for the CCA and enclose a copy of the original request ?, I did enclose a PO with the first request and they did not send it back, or shall I do a new CCA request and send another £1 PO?

Or should I send the dispute letter again stating they have failed to supply the true signed CCA?

 

Thanks.

 

Send the request again (Enclose a copy of the original request) to Halifax, do not send them another £1.

 

Have Iqor and Incasso sent anything to you, I mean have they said they will put the account on hold and if so, for how long, or have they said they will cease pusuance?

 

Did you send a 'Subject Access Request' to Halifax?

 

A credit card statement is not the credit agreement.

 

OK, seasidegirl, up-date when you can.

 

Kind Regards

 

The Mould

[seasidegirl]

Send the request again (Enclose a copy of the original request) to Halifax, do not send them another £1.

 

Have Iqor and Incasso sent anything to you, I mean have they said they will put the account on hold and if so, for how long, or have they said they will cease pusuance?

 

Did you send a 'Subject Access Request' to Halifax?

 

A credit card statement is not the credit agreement.

 

OK, seasidegirl, up-date when you can.

 

Kind Regards

 

The Mould

 

Iqor and Incasso Have not been in touch since I sent the letters, I have not sent a subject access request to halifax, I did send the first CCA request and when this was ignored I sent the Dispute letter, I am now wondering if I should send the dispute letter to them again stating I have not had a reply from the CCA request from last year or as you say send another CCA request enclosing a copy of the first.

Whats the best route to take?

Thanks.

[The Mould]

Iqor and Incasso Have not been in touch since I sent the letters, I have not sent a subject access request to halifax, I did send the first CCA request and when this was ignored I sent the Dispute letter, I am now wondering if I should send the dispute letter to them again stating I have not had a reply from the CCA request from last year or as you say send another CCA request enclosing a copy of the first.

Whats the best route to take?

Thanks.

 

 

OK, seasidegirl,

 

I can see that you are off-line, when you pick this post up tommorrow, reply to it, and I will tell you what to do tommorrow with the Halifax.

 

In the morning (1 April), write a letter to Iqor and Incasso and request written confirmation from them that they have sent the file back to Halifax on this alleged debt, state to both of them, if you are not in receipt of written confirmation from them within seven (7) days, then you will report them to the Information Commissioners Office and start the process of legal action against them for unlawful holding of your personal data, ( And in Iqor's case, unlawful holding and processing of your personal data).

 

OK, you have said that Halifax have not responded to your CCA request since LAST YEAR, and also that your dispute letter has clearly been ignored.

 

Right, do not send another CCA request, Halifax have failed already to comply with the said request, Halifax are in criminal default of the Consumer Credit Act 1974, (Mention this in your letters to Iqor and Incasso).

 

You need to send a letter to Halifax, stating you do not acknowledge this alledged debt, and they are to remove all of your personal data on their internal system of records to this alledged account.

 

OK, seasidegirl, I will continue with this tommorrow, I am very tired at the moment, I hope you don't mind.

 

Get back to you in the morning.

 

 

Kind Regards

 

The Mould

[seasidegirl]

Ok thank you, should I post today or wait until after the bank holiday?

 

Thanks.

[The Mould]

Ok thank you, should I post today or wait until after the bank holiday?

 

Thanks.

 

 

Very quickly, don't send today, I will add some further comment tonight, I cannot do it today, choc-a-block - school holidays.

 

Kind Regards

 

The Mould

[seasidegirl]

Ok thank you.

[The Mould]

OK, seasidegirl,

 

I can see that you are off-line, when you pick this post up tommorrow, reply to it, and I will tell you what to do tommorrow with the Halifax.

 

In the morning (1 April), write a letter to Iqor and Incasso and request written confirmation from them that they have sent the file back to Halifax on this alleged debt, state to both of them, if you are not in receipt of written confirmation from them within seven (7) days, then you will report them to the Information Commissioners Office and start the process of legal action against them for unlawful holding of your personal data, ( And in Iqor's case, unlawful holding and processing of your personal data).

 

OK, you have said that Halifax have not responded to your CCA request since LAST YEAR, and also that your dispute letter has clearly been ignored.

 

Right, do not send another CCA request, Halifax have failed already to comply with the said request, Halifax are in criminal default of the Consumer Credit Act 1974, (Mention this in your letters to Iqor and Incasso).

 

You need to send a letter to Halifax, stating you do not acknowledge this alledged debt, and they are to remove all of your personal data on their internal system of records to this alledged account. ok, seasidegirl, the Halifax have absolutely failed to provide you with a true copy of the credit agreement, Halifax have ignored that the 'Account is in dispute', and they have kept making demands for payment by using the third party DCA'S to enforce or exercise Halifax's legal rights.(Their failure to comply with your CCA request, means they have no legal rights)

In your letter you need to state to Halifax that you are going to report their ilegal activity to the OFT, FO, the ICO and the Financial Crimes Branch of HM Treasury, if they do not cease their debt -collection efforts against you for this alledged debt.

State to the Halifax that they are required to retain financial documents for at least five years after an agreement ends, pursuant to money laundering regulations. State to them, that their failure to keep a copy of the alledged credit agreement can be argued to be a breach of money laundering laws.

Inform Halifax that they have fourteen (14) days to respond in writing to you, and if there is no satisfactory response, then you will report them to the relevant authorities (Mentioned above).

DO NOT SIGN THIS LETTER IN INK, PRINT YOUR NAME ONLY -(ELECTRONICALLY).

OK, seasidegirl, I hope this will help you, please up-date, when you can.

OK, seasidegirl, I will continue with this tommorrow, I am very tired at the moment, I hope you don't mind.

 

Get back to you in the morning.

 

 

Kind Regards

 

The Mould

 

Kind Regards

The Mould

[seasidegirl]

Hi, just an update, I sent the letters on the 7th April and have heard nothing from any of them.

Whats my next step?

 

Thanks.

[The Mould]

Hi, just an update, I sent the letters on the 7th April and have heard nothing from any of them.

Whats my next step?

 

Thanks.

 

 

Hello there seasidegirl,

 

Sorry I have only just recently noticed that you posted, I will get back to you tommorrow now as it is so late.

 

Halifax are really playing the you know what, they really are appalling, I will re-read through your thread tommorrow to refresh my mind and then post some further info for you.

 

Kind Regards

 

The Mould

[The Mould]

Hello seasidegirl,

 

I hope this communication finds you and your husband in good health.

 

Right then, firstly, telephone the Financial Ombudsman and ask them to send a communication to Halifax requesting the Halifax to open up a direct channel of communication with you, inform the ombudsman that you have an unresolved dispute/complaint with Halifax that has been going on since last year and that Halifax are refusing to acknowledge your complaint and refusing to communicate with you.

State that this disgraceful conduct of the Halifax is causing you and your husband to be subjected to needless and unnecessary high levels of stress and anxiety.

 

Secondly, telephone Iqor Recovery Services Ltd on this number -

 

01772 832002 and ask to speak with Ms Susan Myerscough, she is the complaints co-ordinator, and state to her that you want written confirmation from Iqor that your alleged account file has been returned to Halifax and also that you want written confirmation that Iqor have instructed Incasso LLP to withdraw and finally that Iqor are not going to unlawfully process your personal data any further.

 

Inform this complaints manager, that if you are not in receipt of the requested confirmation within the next 7 days, then you are going to take legal action against Iqor and their In -house solicitors Incasso for the unlawful holding and processing of your personal data, also inform this manager that you have brought your serious complaint to the attention of the Financial Ombudsman and the Financial Services Authority.

 

Did you send your letters to the Company Secretary of Halifax?

 

I would also advise you to make a Subject Access Request to Halifax and send it to their compliance department, you could phone Halifax and ask for the address of this department, do not send any written communication to the collections department or the card services department, include the £10 fee (Cheque or postal order) you want the whole data file on your personal details/information, they will have 40 days to comply.

 

Once you have informed the FOS, Halifax should start the communications with you directly.

 

At the moment it is quite possible that Iqor and Incasso have put your account on HOLD only, so it is important that you get that confirmation in writing from Iqor.

 

Halifax have not complied with your CCA request, for as long as this Non-Compliance continues Halifax cannot take any legal action or any action against you, Halifax are in criminal default of the CCA 1974.

 

You really do need your Subject Data File, if there is a credit agreement it will be in that file, you can then look at it to determine if it is flawed or not.

 

Print your name only on your SAR letter.

 

OK seasidegirl, I hope that will help you, come back to me if you need any further help or assistance.

 

Kind Regards

 

The Mould

[seasidegirl]

Thank you very much, I do appreciate all the help you have given us.

I will make the phone calls this morning and send the SAR off this afternoon or in the morning depending if I can get to the post office.

I will keep you informed.

 

Thanks again.

 

PS. Yes the letter did go to the company secretary of Halifax.

[seasidegirl]

I rang the ombudsman, they are sending a letter to halifax and also some documents to me.

I rang Iqor but they have refused to send me confirmation regarding the file being passed back to Halifax, they said they cannot do that, they can only do that if Halifax ask them to, I did re-iterate that they have 7 days to send me written confirmation otherwise I will take legal action.

Iqor did say that the file was on hold and they have already sent me a letter regarding this on the 14th of this month (we have not received anything), I did ask her if this was sent recorded and she said no but she would send another one out today.

Anything else I should do?

 

Thanks.

[The Mould]

I rang the ombudsman, they are sending a letter to halifax and also some documents to me.

I rang Iqor but they have refused to send me confirmation regarding the file being passed back to Halifax, they said they cannot do that, they can only do that if Halifax ask them to, I did re-iterate that they have 7 days to send me written confirmation otherwise I will take legal action.

Iqor did say that the file was on hold and they have already sent me a letter regarding this on the 14th of this month (we have not received anything), I did ask her if this was sent recorded and she said no but she would send another one out today.

Anything else I should do?

 

Thanks.

 

 

Hello seasidegirl,

 

Well done for making those phone calls, Iqor are in the wrong and so too is Incasso, account on hold is not good enough, I will draft up a 'Letter Before Action' for you to use against those two dispicable companies, you can make any amendments that you wish to, when Halifax receive that communication from the Ombudsman, you should then only have to deal with the Halifax.

 

These banks, creditors and Dca's are going to get their come uppance, they all are really appalling, their behaviour is unacceptable and inexcusable.

 

OK seasidegirl, I will get that letter sorted out over the weekend and post it up for you when it is ready.

 

Kind Regards

 

The Mould

[seasidegirl]

Once again I thank you, I did find the telephone calls difficult to make but found myself wanting to do them, very strange

 

If you need to email me the letter I can send you my email via pm or just post the letter on the forum.

 

Thanks.

[The Mould]

Hello there seasidegirl,

 

I do hope you and your partner are alright, have you received a response from the Halifax yet?

 

I will send you an email regarding Iqor and Incasso.

 

Kind Regards

 

The Mould

[seasidegirl]

Not received anything from anyone, the 21 days are up, just wodering what to do next, I sent you an email last week, hope you got it.

 

Thanks.

[The Mould]

Not received anything from anyone, the 21 days are up, just wodering what to do next, I sent you an email last week, hope you got it.

 

Thanks.

 

Yes I did get that, thank you, sorry for responding so late.

 

I will catch up with you tommorrow seasidegirl.

 

Kind Regards

 

The Mould

[The Mould]

Hello seasidegirl,

 

I hope you and your OH are alright.

 

Do you have any up-dates on this matter?

 

Kind Regards

 

The Mould

[seasidegirl]

Hi, just a quick update, the 8 weeks are up now that FOS has said we should have a reply in.

We are filling in the next form that the FOS sent with the initial letter and will see what happens next.

We have heard nothing whatsoever from Halifax or any DCA.

 

I will keep you updated.

 

Thanks

[seasidegirl]

Just a quick update, I received a collection letter from a different DCA last week, I have sent them a letter to explain the account is in dispute and not to contact me again other than to say they have passed the file back to Halifax, also been in touch with FOS again and they have passed it on to another department now because of Halifax's failure to comply.

 

Will keep you updated.

 

Thanks.