Halifax And Blair Oliver Scott

[sunflower99]

Edited April 13, 2010 by sunflower99

[sunflower99]

I got the above letter today!"Took nearly a week to get here and yet wanting me to contact them by tommorrow the 13th April !

[Poor-Credit Borrower]

sunflower99 posted:

> If you in situation where you having to throw more good money after > bad keeping in with this debt elimination company if i were you i would be inclined to drop out of it, These dbt elimination companies may not even be vey suceesful iIf you not sure perhaps you could discuss this situation witn an adviser from CAB or one of these free debt counselling organisations like payplan or debtline etc etc.I am sure that they would advise you to abandon this debt elimination company expecially as it probably going to cost you more money and the last thing you want to do is throw more good money after bad.As you can see lot of people on CAG sucesssfully keeping these bank at bay just taking advice from this > forum.All my actions i taken come from advice from friends and threads on > this forum,

 

Have made a partial quote to save space although all the advice is good - thanks You'll be pleased that I have now made an appointment with the CAB, but I'd better check that I'm going to see a 'debt adviser'!

__________________

[sunflower99]

I suppose i will need to think of a suitable letter to write back ,Something along the lines of pointing out i already made them an offer of what i could afford and if they do take legal action against me i will be defending on the basis A)the the cca is not very legiible and B)also defending on the basis of irresponsible lending and unfair relationship act

Edited April 13, 2010 by sunflower99

[sunflower99]

Any opinions ideas feed back would be welcome about this as my letter as in this case i can not argue that the prexcribed terms are absent as they appear to be on same side of signed page but it can be argued that the terms not very legible

[Dotty50]

Sunflower,

 

I have had the same letter today, it does show the reduced balance after the refund of interest and charges that were confirmed to me on 25th March.

 

Incidentally that letter also confirmed that Blair & co had been given instructions to put a hold on contacting me for one month. 25th March...... 6th April .......short month!

 

I too will be thinking of a suitable reply!

[sunflower99]

Another thing i just noticed! They not debited the £30 i paid my Halifax credit card through my internet bank account end of march:mad:,shows they dont know what they doing! should I ring them to point that out?

[sunflower99]

Dear Sir /Madam

Account reference -----

Your letter dated --- April 2010, sent 2nd class post and giving me until the 13th April to respond, was received by me on 12th april 2010

You advised that unless the sum of £---.---- was paid by 13th April 2010 then you would be advising your client to take court action against me. I would advise as follows:

In response to many threatening calls and templated letters, despite not having provided a fully legible copy of the agreement to which you say I am a signatory, I wrote to you/ advising of my financial situation and making an offer of £----month pro rata my income and taking into account priority and secured debts. The first payment was made on xxxxMarch 2010 and further payments will be made monthly by end of each calender month, (However you have not acknowledged this last payment I made by my internet bank account direct to my usual Halifax credit card account . and note that you are still demanding the exact sum of £---.-- when it should have gone down to £--when taking into account the £xx i paid xxxmarch 2010 which should have reached my Halifax account by date this letter was written,.)

However, instead of acknowledging that in a sympathetic manner, you/your client are now threatening court action.

At that time, I made you/your client aware of serious health issues I have at the present, not least of which is depression caused through the unsympathetic attitude I have enountered from Halifax and it's agents.

Your client was fully aware of my financial situation when it encouraged further borrowing. Their own lending policy should have identified that I was already struggling to service other debt at that time. Yet it still loaned large sums. This situtation remains unchanged.

I am requesting yet again, that you accept the offer I made of £xxxper month and i have enclosed another copy of the the original letter i sent youxxxx 2010 making this offer

I must further advise you that I will only communicate with you in writing. This is legally acceptable and I must insist you respect my wishes. This will further protect me should you decide to take the action you advise in your letter.

Sending threatening letters every week, then phoning almost continuously even when those letters have been responded to, will I am sure be looked upon as serious harrassment.

I trust that you will accept my offer, however, if it is your intention to pursue this via the courts then I must make you aware that I will defend any action vigourously and issues of unfair relationship pursuant to s140 (a) of credit act 1974 will be raised.

I look forward to your early response.

Yours sincerely

Edited April 13, 2010 by sunflower99

[sunflower99]

Hi folks

This is the letter i am sending Blair oliver and Scott! been working on what to write most of morning and one of my lovely cag friends came to rescue and helped me to get all i wanted to say on paper! LOL:)

[sunflower99]

Sunflower,

 

I have had the same letter today, it does show the reduced balance after the refund of interest and charges that were confirmed to me on 25th March.

 

Incidentally that letter also confirmed that Blair & co had been given instructions to put a hold on contacting me for one month. 25th March...... 6th April .......short month!

 

I too will be thinking of a suitable reply!

So Dot at least we both got a good job done now and each got a suitable letter to send em!

[sunflower99]

sunflower99 posted:

> If you in situation where you having to throw more good money after > bad keeping in with this debt elimination company if i were you i would be inclined to drop out of it, These dbt elimination companies may not even be vey suceesful iIf you not sure perhaps you could discuss this situation witn an adviser from CAB or one of these free debt counselling organisations like payplan or debtline etc etc.I am sure that they would advise you to abandon this debt elimination company expecially as it probably going to cost you more money and the last thing you want to do is throw more good money after bad.As you can see lot of people on CAG sucesssfully keeping these bank at bay just taking advice from this > forum.All my actions i taken come from advice from friends and threads on > this forum,

 

Have made a partial quote to save space although all the advice is good - thanks You'll be pleased that I have now made an appointment with the CAB, but I'd better check that I'm going to see a 'debt adviser'!

__________________

Thats great PCB

Its great you going to get some advice from CAB/debt adviser just to be on safe side and hope all works out:)

[Dotty50]

Sunflower, If you haven't already posted it, I think I would keep the details brief but enclose copies of previous pertinent letters sent to Halifax regarding reasons for reduced payments.

 

You are, after all paying something! They should not treat you this way!

 

From what wish me well has posted on my thread, it may just be yet another letter to 'scare' us into paying

[sunflower99]

Sunflower, If you haven't already posted it, I think I would keep the details brief but enclose copies of previous pertinent letters sent to Halifax regarding reasons for reduced payments.

 

You are, after all paying something! They should not treat you this way!

 

From what wish me well has posted on my thread, it may just be yet another letter to 'scare' us into paying

Hi Dot

Thanks for input but i thought it a good idea to point out things to them that i consider put account in dispute as they seem to totally ignore letters offering payments to them and not very good they not crediting payments i already made.Hopefullly just need to send them one letter and now just going to ignore them!

[Dotty50]

Of course, it is your choice Sunflower, good luck.

 

Will keep you posted of any further developements.

[sunflower99]

I mean a letter threatening court and that they preparing court papers and seeking a charging order a very agressive move! even if it a blufff! So fighting fire with fire!

[sunflower99]

Of course, it is your choice Sunflower, good luck.

 

Will keep you posted of any further developements.

Thanks Dotty!

same here!Thanks again for all your friendship and moral support on my thread!

[Dotty50]

You're very welcome!

 

Better get some work done now!

[rhos123]

hi, sunflower 99, the letter you have recived today, i recived the same excact letter from blair& co, last month, no court papers have arrived, however i have recived today a letter from moorcroft dca pre court division, looks like its time for a go on the dca merry go round:)i will tell moorcroft the same as the smelifax no cca, no payment.

[sunflower99]

hi, sunflower 99, the letter you have recived today, i recived the same excact letter from blair& co, last month, no court papers have arrived, however i have recived today a letter from moorcroft dca pre court division, looks like its time for a go on the dca merry go round:)i will tell moorcroft the same as the smelifax no cca, no payment.

HI rhos

Yes it seems Blair Oliver and scott churn these out all the time!i was told if it was a serious threat they would not have sent this second class so i received it the day before deadline!So looks like if they dont take litigation against me ;like you i will be on a DCA merrygoround sendiing out my letter hundreds and hundreds of times! I heard moocroft are a bunch of clowns!

[rhos123]

HI rhos

Yes it seems Blair Oliver and scott churn these out all the time!i was told if it was a serious threat they would not have sent this second class so i received it the day before deadline!So looks like if they dont take litigation against me ;like you i will be on a DCA merrygoround sendiing out my letter hundreds and hundreds of times! I heard moocroft are a bunch of clowns!

 

yes indeed moorcroft are a bunch of clowns, there are many threads on cag about them. it seems that the halifax dont have the cca or why else would the pass this on to a dca, after all they send letters stating legal action is in place but they do not carry on. why? as i said no cca no payment.

[tanqueray74]

Hi Really Mad Women

Tried to get your attention before ! Can you help/ advise me ?

http://www.consumeractiongroup.co.uk/forum/member.php?u=282775

 

Don't know if this will work ?

[Dotty50]

Tangueray,

 

This is sunflowers thread (although I am sure you will be welcome)

 

What do you need help with?

[sunflower99]

Hi Really Mad Women

Tried to get your attention before ! Can you help/ advise me ?

http://www.consumeractiongroup.co.uk/forum/member.php?u=282775

 

Don't know if this will work ?

HI tanqueray74

If you want to get really madwomans attention best to send her a private message.Just click on her cag nickname on any posting she made and her details plus an option to send her a private message will come up!

[sunflower99]

yes indeed moorcroft are a bunch of clowns, there are many threads on cag about them. it seems that the halifax dont have the cca or why else would the pass this on to a dca, after all they send letters stating legal action is in place but they do not carry on. why? as i said no cca no payment.

Hi rhos

However my Halifax wars are a bit different from a lot of other caggers Halifax wars in the respect that in my case they have provided a cca and it appears to have my signature on same page as prescribed terms so unless it is a blue peter job which it does not look like it is to me i can not use the usual 127(3) bar to enforcing it argument though ,However it is not ieasily legible which was one thing upheld in a high court case.I can also defend on section s140(a) of the consumer credit act 1974 which cover unfair relationship act and will allow me to bring up issues of irresponsible lending and other bad behaviour such as hiking up interest rates Apr rates when debtor clearly having problems making repayments by way they were conducting their account!

[sunflower99]

Dear Sir /Madam

Account reference -----

Your letter dated --- April 2010, sent 2nd class post and giving me until the 13th April to respond, was received by me on 12th april 2010

You advised that unless the sum of £---.---- was paid by 13th April 2010 then you would be advising your client to take court action against me. I would advise as follows:

In response to many threatening calls and templated letters, despite not having provided a fully legible copy of the agreement to which you say I am a signatory, I wrote to you/ advising of my financial situation and making an offer of £----month pro rata my income and taking into account priority and secured debts. The first payment was made on xxxxMarch 2010 and further payments will be made monthly by end of each calender month, (However you have not acknowledged this last payment I made by my internet bank account direct to my usual Halifax credit card account . and note that you are still demanding the exact sum of £---.-- when it should have gone down to £--when taking into account the £xx i paid xxxmarch 2010 which should have reached my Halifax account by date this letter was written,.)

However, instead of acknowledging that in a sympathetic manner, you/your client are now threatening court action.

At that time, I made you/your client aware of serious health issues I have at the present, not least of which is depression caused through the unsympathetic attitude I have enountered from Halifax and it's agents.

Your client was fully aware of my financial situation when it encouraged further borrowing. Their own lending policy should have identified that I was already struggling to service other debt at that time. Yet it still loaned large sums. This situtation remains unchanged.

I am requesting yet again, that you accept the offer I made of £xxxper month and i have enclosed another copy of the the original letter i sent youxxxx 2010 making this offer

I must further advise you that I will only communicate with you in writing. This is legally acceptable and I must insist you respect my wishes. This will further protect me should you decide to take the action you advise in your letter.

Sending threatening letters every week, then phoning almost continuously even when those letters have been responded to, will I am sure be looked upon as serious harrassment.

I trust that you will accept my offer, however, if it is your intention to pursue this via the courts then I must make you aware that I will defend any action vigourously and issues of unfair relationship pursuant to s140 (a) of credit act 1974 will be raised.

I look forward to your early response.

Yours sincerely

I just got Halifax reply in answer to the above letter I wrote them a while ago pointing out that they had not acknowledged the payiment i had made to them last month and had not dreduced it of the balance that Blair Scott and Oliver were chasing me for.:evil:I also pointed out that if they issued legal procceding i would defend on the issues of cca not being verly legible and also on iresponsible lending! etc etc