Halifax ignored CCA, SAR and CPR request

[lavamyz]

Hi

 

the halifax sent me, in response to a CCA request, a copy of current terms and conditions (for a credit card i took out on 2002) which clearly wasnt a true copy.

 

I sent another CCA which they ignored, a SAR, which they sent the same current T&Cs and statements and now a request under CPR, which they have ignored.

 

they have passed the account to iqor, who i CCA'd who immediately wrote back saying they have referred the matter back to halifax.

 

question is - do i now go for court action to force them into a corner re: producing the original credit agreement and if so, how?

 

thanks!

[Mydogsawestie]

Have you sent them an account in dispute letter then if they have not provided you with a copy of the CCA? Are you still paying them a monthly amount?

 

When did you SAR them with your £10 as they have 40days to supply you with this info & was it a postal order you sent?

[lavamyz]

hi

 

yes they've had everything! dispute letter etc

 

this goes back to february when i sent the original CCA request and april when i sent the SAR (with postal order) so they've had massive amounts of time. i sent the CPR request last month and it expired on friday.

 

i stopped making payments when they failed to respond to the CCA and i sent the dispute letter.

[Mydogsawestie]

If your not paying and they havent complied with your request it now becomes a waiting game. I should imagine they will make the first move eventually after all why should you now that you know they cannot enforce anything without the docs legally & you've done all you can so far to obtain them!

 

Re SAR have you checked to see if your postal order has been cashed & did it go off recorded so you have a receipt of it being delivered? can you check to see if a postal order has been cashed?

Other than this you could always send them a reminder pointing out they have gone past the deadline and as they havent complied you will be making a complaint to the information commissioner Complaints about data protection policy - ICO

[lavamyz]

hi

 

they've definitely cashed it because they sent me another set of current terms and a batch of statements - load of nonsense.

 

i dont want to be seen to be making empty threats - i've threatened a court order should they not comply, should i go through with it?

 

has anyone done this?

[Mydogsawestie]

hi

 

they've definitely cashed it because they sent me another set of current terms and a batch of statements - load of nonsense. THIS WILL BE YOUR SAR DETAILS & SHOULD HAVE YOUR CCA AMONGST THIS PAPERWORK?

 

i dont want to be seen to be making empty threats - i've threatened a court order should they not comply, should i go through with it?

 

has anyone done this?

 

As mentioned above IMopion it now becomes a waiting game. I should imagine they will make the first move eventually since your not paying. Did you ever get a default notice?

 

Can you post up a copy (via photobucket) if you did also the CCA if you can spot it amongst your nonsense to see if its valid or not. If you truly havent got it & only the T & C you mentioned then the debt can't be enforced. My opionion is to let them do the rest now (should they want to start all the paperwork/outlay the costs to get it in motion!;-) fingers crossed they know already they havent got a leg to stand on

[SJP37]

Hi Lavamyz

 

Just read your post and I'm pretty much in exactly the same boat as you, except I didn't threaten court action.

 

As Mydogsawestie says, it's a waiting game now because if we're not paying Halifax, then they will surely try everything they can to make us pay.

 

Let hope for both our sakes that they haven't got a leg to stand on!

 

Good luck.

[silverfox1264]

Hi,

Ive been having similar problems with halifax. I sent them the first cca allowed them 12+2 etc etc. I had no reply whatsoever even though they cashed the cheque for £1 and signed for it as I sent it recorded delivery. I have sent follow up letters as advised by other posts on the forum and I have also sent the a SAR. They have cashed the cheque for £10 and signed for the letter (sent by recorded delivery again) but I have still had no response what so ever from any of my letters. I also sent them a letter from this site regarding harrassment as they ring at all times of day all night since i sent them the cca letters and SAR but again, no response at all. They continue to write, threatening legal action etc and ring at all hours every day.

What do I do next? Iv not had any response at all to any of the letters. Surely they cannot just ignore them all?

HELP!!

[Mydogsawestie]

Hi,

Ive been having similar problems with halifax. I sent them the first cca allowed them 12+2 etc etc. I had no reply whatsoever even though they cashed the cheque for £1 and signed for it as I sent it recorded delivery. I have sent follow up letters as advised by other posts on the forum and I have also sent the a SAR. They have cashed the cheque for £10 and signed for the letter (sent by recorded delivery again) but I have still had no response what so ever from any of my letters. I also sent them a letter from this site regarding harrassment as they ring at all times of day all night since i sent them the cca letters and SAR but again, no response at all. They continue to write, threatening legal action etc and ring at all hours every day.

What do I do next? Iv not had any response at all to any of the letters. Surely they cannot just ignore them all?

HELP!!

 

Hi Silverfox1264 & welcome on CAG you need to start your own thread with this info then postings to your own case will also be given by caggers. You sound similar to lavamyz, I just wondered when your CCA was taken out?

 

Perhaps you can post all this info on your thread....

[IdaInFife]

Lav,

 

are you following this route?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

if so you continue with process on the link

 

ida x