Confused - v - Halifax

[tony3x]

Robinson Way finally responded with a copy of the reconstituted agreement that Halifax had sent before. Letter arrived in post today - funny thing, its also dated today?

One thing I have picked up on is the APR is stated as being 19.9% variable. It currently stands at 25.9% variable. I thought that I should have received a new copy of T&C stating new rate.

 

They say they would like to hear from me with my proposals for settlement of the account within 10 days.

 

[tony3x]

Any advice on this one. I should probably SAR them to see if they have the original agreement.

[tony3x]

Update since last post:

 

Letter sent to Rob Way on 3/7

 

 

Thank you for your letter of 15th March where you purport to have supplied a copy agreement. However what you have supplied is a typed document that is similar to two others I have received. The strange thing is that I am not sure what to believe as all 3 documents are different.

 

To clear things up can you please supply a copy of a fully executed, signed, credit agreement. If you are unable to supply this please confirm the reason why. If you are unable to supply a copy because no copy exists please confirm in writing.

 

As is my right I will only communicate with you in writing. If you make any attempt to contact me by any other means I will deem this as harassment and report you to the relevant authorities.

 

 

Letter from Rob Way on 15/7 saying that 'they are satisfied that the documentation provided is sufficient to demonstrate liability and they will not enter into repetitive correspondence regarding this'.

 

my letter to Rob Way on 27/7

 

 

Thank you for your letter of 15th July where you say you are satisfied that the documentation provided is sufficient to demonstrate liability and will not enter into repetitive correspondence. Unfortunately you have still not satisfied my request. As previously mentioned the documents that have been supplied are reconstituted copies of agreements that have different information on them. This makes me believe that an original copy of the agreement does not exist.

 

As previously requested can you please supply a copy of a fully executed, signed, credit agreement. If you are unable to supply this please confirm the reason why. If you are unable to supply a copy because no copy exists please confirm in writing.

 

As is my right I will only communicate with you in writing. If you make any attempt to contact me by any other means I will deem this as harassment and report you to the relevant authorities.

 

 

Letter from CapQuest on 23/7 saying that they have taken over the account with the usual about doorstep visits, litigation etc.

 

sent the following letter to Capquest on 28/7

 

 

I am getting a bit confused as I have been dealing with Robinson Way with regard the above account.

 

As mentioned to Robinson Way, I am still waiting for Halifax to supply an original copy of the fully executed credit agreement. Thus far they have provided 3 reconstituted agreements, all with different information. Because of this I have to assume that an original cannot be supplied. Can you either confirm in writing that an original copy does not exist, or provide a copy. If you have a copy but will not supply it, please confirm your reason why.

 

As is my right I will only communicate with you in writing and also refuse you or any agent associated with permission to visit me at my property. If you fail to comply with either of the above I will deem this as harassment and report you to the relevant authorities.

 

 

Letter from Capquest on 4/8 saying that they require a £1 admin fee for a copy of the agreement and the account will be put on hold for 10 days.

 

Letter from Rob Way on 16/8 saying that they are no longer dealing.

 

Demand for payment from HL legal as appointed by Capquest on behalf on Halifax on 16/8 also saying that court proceedings may be issued if a full or satisfactory settlement is not received by 28/8.

 

Not replied to these yet as only just got back from holiday.

[reallymadwoman]

Unfortunately, this sort of letter 'ping pong' and being just passed on to the next DCA is common.

 

Capquest are a tiny bit more likely than Rob Way to go further with this so it's probably best to have a paper trail of how reasonable you have been.

 

Write back to Capquest, by at least recorded of course, pointing out that your £1 payment was acknowledged by Halifax whenever it was and you are not required to pay again until your true copy is supplied. End by saying you are not prepared to enter in to repetitive correspondence regarding this matter, and leave it at that.

[tony3x]

Thanks Really mad,

 

Have written letter as you suggested.

[tony3x]

Got this today. May need to write back informing them that until they have answered my request the account is in dispute and they should not be chasing me.

 

[tony3x]

After a couple of more letters to & from capquest I started to get stuff from moorcroft. Usual letters to and fro then the other day I received what is purported to be a copy of my agreement.

 

 

 

 

On the face of it seems ok. What concerns me is that Halifax, Robinson Way and Capquest could/would not supply it, but Moorcroft seem to have found a copy.

 

Where now?

[tony3x]

quick question. does the fact that the application/agreement has not been signed by the halifax mean that it has not been executed correctly.

 

I need to know options available otherwise I may have to come to an agreement with them.

 

thanks

[tony3x]

Can anyone give any help with this as not sure where to go now.

 

Not made a SAR yet, maybe time to.

[tony3x]

I previously had a CC with Halifax and after some tooing and froing with various DCA's the debt get sold to Wescott as of in November 2011.

My first communication from Wescot was on 29/02 saying that had now taken over the debt. The next was today threatening court action. Both letters attached.

I have previously managed to get what Halifax considered to be an executed CCA which is also attached.

 

Not sure where to go with this - do I write to Wescot with another CCA request to see what they have got (done this with another DCA who have said that they will not pursue me anymore as cannot produce).

 

Or should I write asking for something else?

 

Thanks in advance for any advice.

 

 

 

[BRIGADIER2JCS]

What I can see of the agreement it looks ok.

Others no doubt will take a look when available.

[tony3x]

What gets me about this is that I originally requested the agreement in November 2009. All I got sent was 2 copies of T&C, one with Halifax as the lender, the other with BOS. Both had different information. I questioned this at the time but they insisted they were correct. I received another copy, again different, in March 10.

 

Then in March 2011 I received the above copy (from Moorcroft). I wrote to them asking why it had taken so long and mentioned that as far as I was concerned it had not been fully executed as it had not been signed by Halifax. I received a letter from them in April 2011 saying that they were no longer dealing. This is how it stood until I received the above letters from wescot. Also received one from Halifax confirming the assignment. I have now CCA'd Westcot to see what I get back.

[Halibutt]

I've had a good look through. Apart from not being signed by Halifax (they could well claim it's a copy of the document taken before they signed it) it looks like it would be enforceable.

 

They've referred to terms on other pages in the document (i.e. page 3) and have listed interest rates, etc. as they are required to.

 

However, could you elaborate on the tick boxes on the front page please? It states that you have opted for "No Card Care" (presumably lost or stolen card cover) but also "No Repayments Cover". However, you've ticked the box indicating "if you have taken out any insurance cover".

 

What was this? It seems slightly contradictory (although I don't think it would render the agreement unenforceable) but was this cover mis-sold PPI? If so, you may be able to try claiming that back regardless.

 

Sorry I can't be of more help.

 

H. x

[tony3x]

The tick boxes were pre ticked. I have not had PPI, shame really, as I have been self employed for many years and known that it would be a struggle to get a pay out.

 

Am I right in believing that a fully executed copy, signed by both parties, would be necessary for any court action. What concerns me slightly is the mark in the top right where it could be classed as initials and a date, thing about that is the date is before I signed it.

[BRIGADIER2JCS]

Hi Halibutt. The insurance box that is just a

reminder note on insurance the body of the

agreement shows none taken.

[Halibutt]

Ah well. Thanks Brig. Thought that may have had a bearing - didn't realise they'd even pre-ticked the boxes!

[BRIGADIER2JCS]

The tick boxes were pre ticked. I have not had PPI, shame really, as I have been self employed for many years and known that it would be a struggle to get a pay out.

 

Am I right in believing that a fully executed copy, signed by both parties, would be necessary for any court action. What concerns me slightly is the mark in the top right where it could be classed as initials and a date, thing about that is the date is before I signed it.

Unless the agreement is pre April 2007 then reconstituted ''copies'' can be supplied

to satisfy CCA 1974 sect 77/78 request for agreements.

[Halibutt]

The tick boxes were pre ticked. I have not had PPI, shame really, as I have been self employed for many years and known that it would be a struggle to get a pay out.

 

Am I right in believing that a fully executed copy, signed by both parties, would be necessary for any court action. What concerns me slightly is the mark in the top right where it could be classed as initials and a date, thing about that is the date is before I signed it.

 

Isn't the 23/11 the date that they copied the agreement once they were preparing the documents to send to you - i.e. 23rd November 2011?

[tony3x]

after a CCA request to Wescot, I have now received a letter saying that the request has been noted and they will contact me in due course. I find it strange that they had instructions to start legal proceedings on the 21st but do not seem to have the paperwork required. Few days to wait yet as request was posted on the 12th. Be interesting to see how this evolves.

[BRIGADIER2JCS]

Send the account in dispute letter from the CAG library.

[billdebt]

this is odd S de Tute a solicitor....not acceptable to put name and solicitor under as in your letter... check law society... .no sign...report to law society... which firm does she work for?. de tute...also president of the CSA... company records check at wescot director/sec=S de tute ...very odd...

[tony3x]

this is odd S de Tute a solicitor....not acceptable to put name and solicitor under as in your letter... check law society... .no sign...report to law society... which firm does she work for?. de tute...also president of the CSA... company records check at wescot director/sec=S de tute ...very odd...

 

Just checked, she is on there as an employee of wescot.

[tony3x]

12 + 2 days now up. Account in dispute letter on its way tomorrow.