SB100 v Halifax Credit Card

[diddydicky]

nothing strange about it

 

they want to have their cake and eat it

 

they have terminated but also want to keep adding charges

 

i would just file and ignore the statements - they mean diddly squat and if it comes to court they can easily be removed from any claim they may make

[SB100]

Ok, will file with all the other rubbish from them (and the gems!)

 

Thanks

[SB100]

First debt collection letter from Albion this morning.. do I use a regular bogof letter or do we have something special?

[Fluffystuff]

Hi SB,

 

I too wondered if something stronger was needed particularly in our situation but sent the 'bemused' letter in the first instance. Still waiting for a response - shant hold my breath!!

[SB100]

Having thought about this overnight, a bemused letter doesn't seem quite appropriate.

 

I'm not actually disputing the account as such- there is no account as they've terminated.

 

Maybe I need to tell them to return it to the 'creditor' as I am awaiting a reply to my correspondence, and under the circumstances your attempts at collection are inappropriate and may be considered vexatious?

[diddydicky]

dear sirs

 

re Your ref XXXXXXXXXXXXx

 

thank you for your letter of XXXXXXX

 

I am awaiting confirmation from your client of the (genuine) amount of arrears outstanding on the account as at the time of their unlawful termination,

 

Against this figure may be set a claim for unlawful rescission .

 

Save for confirmation of the arrears amount or service, all future correspondence from you will be filed unanswered

 

 

Y F

[SB100]

Excellent, thanks again

[SB100]

Well bugger me, they've refunded that payment as I requested!

[diddydicky]

not whilst there are good looking dogs on the street, thank you:)

[SB100]

lol

[SB100]

A quick update- despite their letter telling me they've terminated the account, they're still sending statements- and adding charges.

 

I'm getting letters every other day from Albion, and the week before last I got a letter from Power2Contact advising me they'd be calling in to see me.

 

I, of course, immediately fired them the No Doorstep Callers letter by RM SD, which they ignored. They caught the sharp side if the wifes tongue.

 

I then sent them the following..

 

ATTENTION : TO BE FORWARDED TO THE COMPLAINTS AND COMPLIANCE MANAGER

 

Harassment Warning & Notice of Formal Complaint

 

In breach of :

Public Order Act 1986 (c. 64) 4(a)

Administration of Justice Act 1970 (c.31) s(40)

Protection from Harassment Act 1997

Office of Fair Trading Debt Collection Guidelines 2006 2.8 (a,b,j), 2.12 (a, f, g)

The Consumer Protection from Unfair Trading Regulations 2008 section 7 (2)

 

I write further to your unsolicited visit to my home on 2 March 2010. All correspondence have now been forwarded the Office of Fair Trading.

 

Following the unsolicited visit of your agent to my premises on 2 March 2010 , I wish to make a formal complaint . Please forward me your complaints procedure to the above address within 21 days. Should this request be ignored I will have no alternative other than to contact the Financial Ombudsman directly .

 

To re-iterate and for your future reference :

 

I am only prepared to communicate with you in writing. Should it be your intention to continue to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of the afore mentioned prescribed list.

 

Note also, each and every further breach you make of the Office of Fair Trading debt collection guidelines , that you are obliged to abide by, will not only be reported to them, but will also be followed up by another formal complaint to yourselves.

 

Yours faithfully

 

... to which I received the following reply...

 

[diddydicky]

Dear Sirs,

 

thank you for your letter of XXXXXXXX

 

Your client unlawfully terminated the above alleged agreement (if indeed such agreement was ever properly executed/legally enforceable) and my obligation to them under the alleged agreement subsequent to their unlawful actions would have been solely for the amount of genuine arrears ,not including unlawful charges, as at the time of the unlawful termination.

 

In this instance i believe that any such arrears are outweighed by a counter claim i would have for unlawful rescission.

 

This therefore means that it is my position that your client is indebted to me.

 

 

I therefore do not require any "facility" you might offer to put myself and the creditor "in contact" , nor to assist me to pay any debt which i do not admit.

 

I will respond as appropriate to any written communications directly from your client (unless you are to legally represent them in proceedings), failing which i expect your client to now either "Put Up" or "Shut Up".

 

In view of the foregoing, any further contact from yourselves, save for service of court documents will be the subject of complaints to the OFT and Trading Standards.

 

Yours Sincerely

 

 

XXXX

 

 

Yours sincerely

[SB100]

You're a legend, thank you

[diddydicky]

legend or leg end:)

[citizenB]

legend or leg end:)

 

No comment on the grounds I may incriminate myself

 

Nice letter dd

[SB100]

How did I know you were going to say that

[dad]

I suggest a slight revision to dd's letter:

 

From:

I therefore do not require any "facility" you might offer to put myself and the creditor "in contact" , nor to assist me to pay any debt which i do not admit.

 

To:

I therefore do not require any "facility" you might offer to put myself and the creditor "in contact" , nor to assist me to pay any debt which is not due.

 

The later version is more assertive.

 

HTH

 

Dad

[diddydicky]

I suggest a slight revision to dd's letter:

 

From:

 

 

To:

 

 

The later version is more assertive.

 

HTH

 

Dad

 

thanks dad (you passed the test:D)

[SB100]

Touchpaper lit. Lets see what smart-arse reply they come back with this time eh? Thanks again everyone.

[SB100]

I'm still getting loads of letters (one every other day) from Albion. Whilst I told them I wouldn't reply to them I'm getting rather hacked off. Is there any point doing anything further?

 

 

dear sirs

 

re Your ref XXXXXXXXXXXXx

 

thank you for your letter of XXXXXXX

 

I am awaiting confirmation from your client of the (genuine) amount of arrears outstanding on the account as at the time of their unlawful termination,

 

Against this figure may be set a claim for unlawful rescission .

 

Save for confirmation of the arrears amount or service, all future correspondence from you will be filed unanswered

 

 

Y F

[citizenB]

Hi SB, personally.. I wouldnt be inclined to respond to each and every letter.

 

You could if you wish send a copy of your last letter to them. Write across the top in bold text.

 

In response to your letter dated .......

 

Send it via Free proof of posting only.

[diddydicky]

I'm still getting loads of letters (one every other day) from Albion. Whilst I told them I wouldn't reply to them I'm getting rather hacked off. Is there any point doing anything further?

 

if the letter is repeating previous points/not advancing any argument then do as you said in the letter and file it unanswered.

 

 

this will cover you in any future proceedings

 

if it raises new issues only then need you respond

[SB100]

No, nothing new, same threatening nonsense. They're still sending me increasing statements despite their written termination lol...

[SB100]

Hello all, old thread revival!

I received a notice of assignment from Halifax and a 'hello' from 1st Credit last week, followed by a 'we're considering legal action' from 1st credit today.

How do I best proceed?

Thanks

[babydoll0141917]

Sounds like you need to send Acount in Dispute letter to 1st crud,,Ive had the same thing ..Halifax have sold loads of their dud accounts to 1st cred..I sent them the dispute letter and account is now on hold why they investigate