Halifax And Blair Oliver Scott

[sunflower99]

Dear Sirs

 

I was rather surprised to receive your letter dated (DATE).

 

I was given the impression from your letter dated April 2010, that you were at last taking my complaint seriously and investigating the dispute I have with Halifax Bank of Scotland.

 

Apparently I was mistaken and you had no intention of investigating my dispute.

 

As you are invoking the Practice Directions and Pre action Conduct Rules and have advised the documents you intend to rely on. Perhaps you would be so good as to provide me with copies of those documents mentioned, namely :

 

Copy agreement

Default Notice information

Statements.

 

As you are well aware, I have been requesting copies of this information for quite a while now, with no response.

 

I look forward to hearing from you regarding this matter.

 

Yours etc..

Hi CitB

Thanks for letter1 will send them that It is mazing they write me a letter offering to look into my issues and then dont! iif they had agreed to countinue sending me regular statements detaling any payments made so i can see progress being made and that no other charges being applied i would have been happy to keep up with affordable regular payments to reduce my debt but was not happy to see them going down a big Halifax hole!

[sunflower99]

Hi Folks

I Will send Cit B letter,However as i see Halifax seem to have at last taken of the small payment i made to them back in March as balance seems to have reduced very slightly by the small payment i made back in March I was thinking of making another monthly payment to them to cover Julys payment and then inform them that when they have acknowledged Julys payment and agreed that they will send regular statements showing other payments that go in so i can see balance going down and can see progress being made and that no other charges being applied i will pay installments for April May and June and agree a new reasonable affordable montkly repayment plan with them .As I do think it is important to be seen as being reasonable and to be attempting to reduce and edventually clear my debt with Halifax so that if they still insist in draging it all into court Judge will see i am attempting to reduce debt ,I do realise though that notifying me and acknowledging any payments i madw via pre litigation letter and threatograms not an acceptable way of acknowledging payments and will poinrt that out to them!

[sunflower99]

working on another letter!

Edited July 18, 2010 by sunflower99

[sunflower99]

Hi CitB and anybody else interested in this thread,

I am thinking of sending a letter along these lines ,I have included citB excellant letter but just wanted to include a proposed payment plan to give Halifax a final chance to be reasonable and to show any Judge should this proceed to liigation stage that i am willing to try and reach an agreement with Halifax,Also think it important to raise any issues i have with the cca they sent me to futrhter show there is a dispute on account and though it is signed and apparently contains all the prescribed terms on signature page it the point can be raised and defended on that cca is not very legible as i need to defend on any issue i can dredge up to try to stop them attempting to do any damage to me and my OH .so I think it important to try to get them to give me everything they have on me and my Halifax credit card account as ii notice that some caggers who received this pre litigation letter do have halifax issue court papers and need to be fully prepared in case i am one of the people the do decide to progress to litigation stage and i need to put up a good fight!

Edited July 18, 2010 by sunflower99

[sunflower99]

Would people agree on this thread that i could argue this cca not easily legible as a defence?

[sunflower99]

I have sent my letter of now pointing out that i amsurprised they sending me a pre litigation letter when thr last i head from them they were investigating th points i made mainly the fact that they did not acknowledge letter i made offering a payment plan and that they did not acknopwledr first payment i made or take it of in balance when Barmy orrible and stupid sent me a folow up lettter threatening litigation in spite of my letetr offering a payment plan to them:mad: I have also made a payment to cover the amount i promised to pay them over last 3 months now balance showing a slightly reduced amount in latest pre litigation letter! and offering another payment plan.So waiting to see what happens now!

[sunflower99]

If they do procced to court .I am hoping to defend on basis of irreponsible lending and point out in defence the following

 

1) They pressurissed me on phone when i was applying for a mortgage payment holiday to apply for their credit card and told me i had been approvd for one even though i informed them i had been turned down online for an application for a credit card sponsered by their bank recently. Also at time i had four other credit cards with large balances on it. Also had two secured loans with halifax and large overdraft with another bank on a joint bank account.

(2)They kept increasing my credit limit without asking me every time i reached or nearly reached my credit limit.Also again i was servicing large balances on 4 other credit cards and also had two secured loans with Halifax including a mortgage of £------ and a second secured loan of £------ .I also had a huge overdraft of £----- on a joint------ bank account held with my husband when they increased my credit limit,

(3) I also feel they had failed to take into account our household income both when they advanced me the card and also when they increased my credit limit,I am on a low ----- wage and was only earning approx £----- a year when they kept increasing my limit and when they offered me card back in 2005 my stated earnings would have been less than that,Also at time card offered and credit limits increased my husband unable to work and still is not working due to heart problem and only receivis incpacity benefit.Also I feel

Credit checks would also revealed that i was servicing huge balances on other credit cards and overdrafts plus the secured loans i had with their bank!

(4) I was only making minimum repayments most months ,So they could see i was struggling and getting more indebted to them

So i hope the above points are valid points to make in any defence or time oder application if i loose,

[sunflower99]

I have so far found two letters like this showing credit limit been iincreased automatically with out asking me by halifax

[sunflower99]

so can show my credit limit increasedd when i not requested it when i already had huge balances on other credit cards and low household income income ,Which is a criterai quoted by claims managmenet companies for iresponsible lending