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SB100 v Halifax Credit Card


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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!!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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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?

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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

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  • 1 month later...

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...

 

power2contactmarch10001.jpg

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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

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legend or leg end:)

 

No comment on the grounds I may incriminate myself :D

 

Nice letter dd :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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

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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

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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. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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

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