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Hi

I have a Halifax credit card which i have been struggling to pay and not been able to make full minimum monthely repayments and now several hundred in arrears,I have been paying them varying amounts of between £20 and £150 per month or every other month if money got very tight! ,to at least try and stop credit card going up too much,It was like throwing my money down the toilet and after a normal monthly charge of £24 unfair charges for being in arrears and over the limit and interest incurred plus even more annoying the occasional l £25 or something charge for a door step collecter (as Haliffax even charge for setting door step collectors on me) so in spite of payments balance still going up but at least i though by doing this i would not have them hassling me by setting pond feeders on me,and they kept sending me reassuring letters that it was alright to make token repayments ,However they still continued to phone me at home and leave loads of messages on my answer machine ,Now it is the last straw as they have now set Blair Oliver and Scott on me! after about 18 months of struggling to pay them something , So I am going to do a s78 request now .

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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This is the letter i received from Blair Oliver and Scott a few days ago and they have left several annoying messages on my answer machine ,As well as sending a s78 to Halifax customer servicees dept i suppose i should write Balir Oliver and Scott a letter saying i requested a s78 from Halifax and that i will not be making any proposals of payment to Halifax until they respond to my s78 request!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Blair Oliver and Scott are in house collectors for Halifax Bank of Scotland. Writing to them is entirely pointless as they have no facilities to receive mail or send anything other than computer generated threat-o-grams. Respond if you want, but you will achieve exactly the same thing by ignoring them entirely. I refused point blank to deal with them four years ago, with absolutely no come back at all.

Re phone calls, whatever you do or say, they will not stop unless you block them or change your number. Keep a log of all 'missed' calls in case you need to complain at some point.

On the up side, they do seem to give up fairly easily, especially if you ignore them.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi reallymadwoman

Thanks for input!.I expect they will ignore me and it a waste of printer ink and time! but thought it best to leave a bit of a paper trail in case i want to make any complaints about their behaviour at a later stage! but i do agree with you it does get a bit ridiculous when we end up playing letter ping pong with these DCAS but now learning that sometimes less is more and i normally only send one or two letters to each pond feeder now and ignore them! ,I think in my battles with MBNA and Crapital one i was nearly on first name terms with al the post office staff! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Could I suggest:-

 

Dear Barmy, 'Orrible and Stupid,

 

Account in dispute. Further correspondence/telephone calls will be ignored.

 

I know exactly what you mean about the post office staff - I think they thought I was harassing someone!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Could I suggest:-

 

 

 

I know exactly what you mean about the post office staff - I think they thought I was harassing someone!

LOL! Yes i know what you mean! I sometimes wonder what the post office staff are thinking when i keep sending recorded letters to banks and solicitors! especially when i make little remarks such as I want proof they got it! One man at post office counter asked me if i was applying for a `Crapital one card,I said i dont think they will be wanting to give me another one! :D`Not if they got any sanity!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Dear Sir/Madam

I am writing to you in connection with your letter dated---- Feb.,I wish to advise you that I have sent Halifax a s78 request for a copy of my true agreement for this account on 25th Feb 2010 and will not be contacting Halifax or you about any proposals for repayment until Halifax have complied .I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and that a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a "doorstep call", please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours Faithfully

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The above letter is what I am thinking about sending Blair Oliver and scott! Just wanted some feed back or suggestion if this one a good one to send Blair oliver and Scott?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Blair Oliver and Scott are in house collectors for Halifax Bank of Scotland. Writing to them is entirely pointless as they have no facilities to receive mail or send anything other than computer generated threat-o-grams. Respond if you want, but you will achieve exactly the same thing by ignoring them entirely. I refused point blank to deal with them four years ago, with absolutely no come back at all.

Re phone calls, whatever you do or say, they will not stop unless you block them or change your number. Keep a log of all 'missed' calls in case you need to complain at some point.

On the up side, they do seem to give up fairly easily, especially if you ignore them.

I bet they manage somehow to receive mail that got cheques in or payment proposals!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Dear Barmy, 'Orrible and Stupid,

Account in dispute. Further correspondence/telephone callslink3.gif will be ignored

or should i use this one off reallymadwomans? :D It is more to the point and saves printer ink!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Funnily enough, a really good way to encourage them (or anyone else) to sign for letters is to put 'check enclosed' on the front of the envelope. And the spelling is deliberate!

 

Re your letter, I think you've put in too much. They (should) know the rules, so just tell them you've asked for the agreement and won't correspond further until it is received, their calls are being logged, and you are not willing to make an appointment for anyone to call.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Funnily enough, a really good way to encourage them (or anyone else) to sign for letters is to put 'check enclosed' on the front of the envelope. And the spelling is deliberate!

 

Re your letter, I think you've put in too much. They (should) know the rules, so just tell them you've asked for the agreement and won't correspond further until it is received, their calls are being logged, and you are not willing to make an appointment for anyone to call.

Thanks for the advice.As you say i already included most of that info on my formal S78 request to Halifax head office!and though Barmy orrible and Stupid like to pretend they are seperate DCA they are really the same company trying to give themselves a grand long legal sounding long name to intimidate people and make us think they are a seperate organisation!:DSo as you say save save on printer ink and do a shorter more to the point letter!I love the name Barmy Orrible and Stupid! Will use that on this thread from now on!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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IMHO, reallymadwoman's approach appears to be the more sensible.

 

A bit of information re Blair Oliver.

 

They are "inhouse" agents for Halifax /Bank of Scotland.

 

If you write to them, they will just pass it over to Halifax who may reply or instruct Blair Oliver to reply on their behalf.

 

A very short letter, if you must along the lines of.

 

 

Dear Barmy, 'Orrible and Stupid,

 

Account in dispute.

Ref Account No:

 

 

This account is in dispute until such times as Hallifax fulfils their obligations under s78 of the Consumer credit Act 1974.

 

Please note, that I will not discuss my personal finances over the telephone; so your continued attempts to contact me that way will be construed as harassment. Which as you are no doubt aware is a breach of OFT Guidelines.

 

I require all communication between us to be in writing; this is acceptable in law. This also affords me protection in the event your threat of litigation is implemented.

 

Meanwhile, until Halifax provides the inforamtion requested, all further correspondence from you will be read and filed only.

 

Yours etc.

 

 

Remember, the more you write and get involved the larger any file will be if you do have to prepare a bundle for court. Least said... soonest mended.

 

It is irrelevant that you have just sent off the request for the CCA.. the account is in dispute until such times as they provide it. The less information you give Blair Oliver, the less trouble you can get into.

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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 suppose my Halifax battle is different in the respect that I waited for them to set pond feeders on me first! before sending in a S78 request!As normally i would have just sent a bemused account in dispuet letter to Barmy Orrible and stupid but can not do that as i not sent a s78 and given them 12 days to send a accepteble S78 reponse!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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IMHO, reallymadwoman's approach appears to be the more sensible.

 

A bit of information re Blair Oliver.

 

They are "inhouse" agents for Halifax /Bank of Scotland.

 

If you write to them, they will just pass it over to Halifax who may reply or instruct Blair Oliver to reply on their behalf.

 

A very short letter, if you must along the lines of.

 

 

 

 

Remember, the more you write and get involved the larger any file will be if you do have to prepare a bundle for court. Least said... soonest mended.

 

It is irrelevant that you have just sent off the request for the CCA.. the account is in dispute until such times as they provide it. The less information you give Blair Oliver, the less trouble you can get into.

Hi CitB

Our posts crossed on thread!:) Thanks for your help ! Great letter ! Short and to the point,I like to show all my letters on my threads to get feeback and also to help other caggers who want ideas of what letters to write!So great I can still say account in dispute already!:) even though i am in process of sending a s78 to Halifax!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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So great I can still say account in dispute already!:) even though i am in process of sending a s78 to Halifax!

 

Absolutely, it is in dispute isnt it ? :D

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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Hi CitB

I tried to give your scales a click but apparently i have got to spread the reputation round before i can give your scales a click! Will add a rep to you as soon as i can!:) Thanks again !

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I liked reallymadwoman idea of writing check enclosed on envelope! One way of getting them to read letter!:D But better resist temptation to do that!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The whole point of the misspelling (which I 'borrowed' from another poster) is that you're not misleading them in the least. If they choose to assume that everyone is as well-educated as they are then that's their own fault.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The whole point of the misspelling (which I 'borrowed' from another poster) is that you're not misleading them in the least. If they choose to assume that everyone is as well-educated as they are then that's their own fault.

LOL! Perhaps I will try that next time I communicate with a DCA!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I am now getting quite a few calls from Barmy Orrible and stupid! They seem to prefer ringing in evening or very late afternoon at moment,I suppose the peiople sit there like mindless robots all day! They sometimes dont even wait long enough for my answer machine to kick in and just start recording their message! before my answer message message beep,So i get the drone of the Barmy Orrible and Stupid message chiming in with my answer machine message! LOLThough when they do get it right they certainly beat the DCA competition for the longest recorded mesage! It goes on and on and on! and repeats itself a lot,I thought Barclayshark ones were bad enough for being intrusive and long but Barmy Oribble and stupid make the Barclayshark ones look brief!:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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As I said, you will find it incredibly difficult to stop them phoning you so just ignore them and they will give up eventually.

Oh well i getting used to ignoring my answer machine now!:D I have had plenty of expereince with that with Barclayshark crapital one wescott MBNA RMA Reliable collections! The list goes on!so no stranger to the telephone wars! They all eventually realise they not going to get any joy and give up eventually!I get a bit of a kick thinking of the time and money they wasting making these phonecalls all the time that dont get them anywhere!:D You would think they would realise they not going to get anyone answering afer the 50th message left on anwer machine:rolleyes: But as you say i suppose their job turns them into behaving like mindless robots,It must be a strange job in call centre just hopelessly ringing thousands of people in the vain hope they going to get a few pennies of commsision trying to frighten a poor victim into parting with more money they can not afford knowing they not going to get many people answering or coperating with them,:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The trouble is that the vast majority still haven't found this site and they are intimidated and they do pay up.

 

I'm currently helping an elderly neighbour who has just been bullied into handing over all her food money for the next month - I only found out because she'd taken in a parcel for me and was in tears when I went to collect it. She'd originally been talked into having this store card in the shop when she didn't really want or need it, and one thing led to another with buying pressies for grandchildren etc. In my view the whole industry is totally and utterly corrupt.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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