cca request what happens now? blair oliver scott

[MakeToastNotWar]

sent the cca request off on 4th november(To Blair Oliver Scott) and today got through the post a letter from Halifax Card Services dated 17th november saying

 

Thank You for your statuatory request for information with respect to the above agreement

Enclosed is a Copy Of The Reconstituted Version of the excecuted agreement and a copy of the current terms and conditions

as you had not made the required payment you were served with a default notice your agreement was ended on 02/10/09 and the full balance became due

 

as such at the date of this letter the full balance of your account is £*** *** is in arrears and due for payment

 

as the agreement has ended there is no credit limit in place and no intrest is being charged on the debt owing

 

PLEASE NOTE THAT THE INFORMATION WE HAVE PROVIDED YOU IS ALL THE INFORMATION WE ARE REQUIRED TO PROVIDE YOU WITH UNDER SECTION 78 OF THE CONSUMER CREDIT ACT.PLEASE ALSO NOTE THAT WE ARE NOT REQUIRED TO PROVIDE A COPY OF THE ORIGINAL SIGNED AGREEMENT UNDER SECTION 78 OF THE CONSUMER CREDIT ACT.

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does this sound about right for what follows after a cca request?

and whats my best move next any advice would be appreciated

and do they have to send the original signed document or is this correct that they DONT have to send a copy of the original

 

im confused and dont know what to do now

[Fred Bassett]

sent the cca request off on 4th november(To Blair Oliver Scott) and today got through the post a letter from Halifax Card Services dated 17th november saying

 

Thank You for your statuatory request for information with respect to the above agreement

Enclosed is a Copy Of The Reconstituted Version of the excecuted agreement and a copy of the current terms and conditions

as you had not made the required payment you were served with a default notice your agreement was ended on 02/10/09 and the full balance became due

 

as such at the date of this letter the full balance of your account is £*** *** is in arrears and due for payment

 

as the agreement has ended there is no credit limit in place and no intrest is being charged on the debt owing

 

PLEASE NOTE THAT THE INFORMATION WE HAVE PROVIDED YOU IS ALL THE INFORMATION WE ARE REQUIRED TO PROVIDE YOU WITH UNDER SECTION 78 OF THE CONSUMER CREDIT ACT.PLEASE ALSO NOTE THAT WE ARE NOT REQUIRED TO PROVIDE A COPY OF THE ORIGINAL SIGNED AGREEMENT UNDER SECTION 78 OF THE CONSUMER CREDIT ACT.

-----------------------------------------------------------------------

does this sound about right for what follows after a cca request?

and whats my best move next any advice would be appreciated

and do they have to send the original signed document or is this correct that they DONT have to send a copy of the original

 

im confused and dont know what to do now

 

Can you scan what they have sent you and post a copy here? Don't forget to remove personal details, barcodes etc. The words 'reconstituted' make it sound like they don't have a copy of the original - let alone something with your signature on. It will be interesting to see.

 

Regards.

 

Fred

[MakeToastNotWar]

im sorry i dont have any way to scan the documents and upload them

the 1st page after what iv allready typed out is a credit card agreement regulated by the consumer credit act 1974 and sets out the parties involved/key financial information

then its got Other financial information and after a further 5 pages of the terms and conditions its got ANOTHER page saying Credit Card Agreement Regulated By The Consumer Credit Act

that page starts off with

1.Parties..the parties to this agreement are Bank Of Scotland plc. The Mound,Edinburgh,Eh1 1YZ and miss (the gf`s name)

2.Key Financial Information

Basically the same copied papers as on the 1st page that states Key Financial Information

basically 8pages copied front and back of the same terms and conditions and NOTHING with a signature on from the Gf

i was under the impression that the cca request was for a Signed Original copy of the agreement?

not a reconstituted quickly copy+pasted copy of the same terms and conditions Twice

but as they say in there letter

"PLEASE NOTE WE ARE NOT REQUIRED TO PROVIDE A COPY OF THE ORIGINAL SIGNED AGREEMENT UNDER SECTION 78 OF THE CONSUMER CREDIT ACT"

sorry couldnt upload them just dont know what to do next about this scenario with the halifax joke of scotland

Edited November 24, 2009 by MakeToastNotWar

[Fred Bassett]

Hi MakeToast. It's very important that people can see what they are dealing with here. Is there anyone who could scan them for you? Most offices have copier/scanners nowadays and anyone with a printer/scanner/copier could also do it?

 

Regards.

 

Fred

[MakeToastNotWar]

iv uploaded them onto a photobucket account and hopefully they will have the clarity so that others can view and comment on what they have sent me as i have no clue about this matter

this is the link for the pictures Pictures by Deleted_album - Photobucket

 

any advice on this matter would be appreciated

 

thanks in advance

[Fred Bassett]

It's reconstituted alright, like Bernard Matthews turkey meat. What a a pile of junk. I take it there was nothing with your signature on it?

 

Fred

[reallymadwoman]

Reconstitued implies that they do not have the original. How old is this account?

 

I'm thinking a letter along the lines of 'unless you confirm that you have the original document and are prepared to supply a copy I consider it reasonable to assume otherwise so bog off'

[MakeToastNotWar]

It's reconstituted alright, like Bernard Matthews turkey meat. What a a pile of junk. I take it there was nothing with your signature on it?

 

Fred

 

correct after the loads of pages of garbage they sent thru after a cca request from my gf they provided NO document with a signature at all

dont know what to do next to be honest with you this stuff makes my head spin

Edited November 26, 2009 by MakeToastNotWar

[MakeToastNotWar]

Reconstitued implies that they do not have the original. How old is this account?

 

I'm thinking a letter along the lines of 'unless you confirm that you have the original document and are prepared to supply a copy I consider it reasonable to assume otherwise so bog off'

 

 

the account in question is 3 years old

[Fred Bassett]

correct after the loads of pages of garbage they sent thru after a cca request from my gf they provided NO document with a signature at all

dont know what to do next to be honest with you this stuff makes my head spin

 

There is an account in dispute letter, I will try and find it for you. Quite clearly this is in dispute. They could have produced absolutely anything and then stated "this person owes us 2 million quid your honour, we've lost the document that allows us to prove it, but here's what it would have looked like if we had it". They haven't got a leg to stand on.

 

What I would do, out of pure mischief, is write to them stating that you don't recognise this document and would they kindly highlight the bit with your signature on it.

 

One thing's for certain, you can relax. There's no need for this to make your head spin. No agreement, no signature, no payment. Simple.

 

Regards.

 

Fred

Edited November 27, 2009 by Fred Bassett

[reallymadwoman]

The bottom line is that Blair and Co (or HBOS for that matter) are unlikely to reply to anything you send, and even if they do, it will be another load of drivel.

 

Technically, they are correct in that they have supplied what they are obliged to under the CCA. It doesn't tell you what you want to know, but that's beside the point.

 

My inclination would be to write a letter

'it seems reasonable to assume that if the bank still had the original agreement, they would have produced a copy of that rather than reconstitute it, and I am therefore proceeding on the basis that the agreement no longer exists. As such the bank will be aware that under s127 of CCA 1974 even a court cannot enforce the agreement and I am therefore not prepared to make any further payment to the account nor enter into any further correspondence.'

 

It probably won't make them go away, but if they did have the original it should prompt them to send it so at least you would know where you stand.

 

I wrote something similar on one of my accounts and I haven't heard from them since and it's disappeared off the CRA files (but that might be just a coincidence!).

[MakeToastNotWar]

just recieved another letter from the Halifax this time concerning the gf`s Bank Account overdraft

id appreciate any help or advise as to what to do now

i will attach the letter they have sent this morning and do you thik they have sent this letter cos we cca`d the other account?

 

another letter from halifax picture by Deleted_album - Photobucket

 

oh yeah this account is the 1 that they helped themselfs to the gfs job seekers allowance and housing benefit cos the account was overdrawn

Edited November 28, 2009 by MakeToastNotWar

[Fred Bassett]

This is typical of the bullying attitude of the Halifax. I would send the 'Account in dispute letter' to them and then complain to all and sundry. With what they've produced so far, they can't touch you, so I wouldn't worry too much.

 

Regards.

 

Fred

[MakeToastNotWar]

thanks for the reply fred dont spose you know where i can find a template for this Account In Dispute letter to send them regarding these 2 matters

[Its WAR]

With mine, Halifax have agreed thet dont have anything else to send me. I have only the application form. So, they cant enforce payment but the debt still exists and they will trash your credit file.

 

Repairing the credit file is the real issue. And I dont know how to do that. Anybody?

[reallymadwoman]

Again, technically anything registered with the CRAs is accurate. Even if they don't have the agreement and can't enforce in court the debt does still exist - they just can't make you pay it. Unless out of the goodness of their hearts the creditor agrees for some reason to stop reporting a default (and we know how likely that is!) then you either have to live with it or you have to be prepared to really challenge in court (on grounds of no agreement, so no authority to process data, but I bet the application includes your authority?) or you have to try to come to some 'mutually beneficial' arrangement.

For the court thing, they are unlikely to back down so you would have to be prepared to take it all the way, knowing that there's a chance you would still lose, since written consent is only one of the reasons they can process your data.

A mutually beneficial arrangement is going to involve you paying them something.

[MakeToastNotWar]

can anybody point me in the general direction for the Account In Dispute letter please

sorry to be a pain just dont really know what to do about this anymore lol