Halifax And Blair Oliver Scott

[citizenB]

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.

[citizenB]

 

 

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 ?

[citizenB]

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.

 

This is disgraceful:x

[citizenB]

Dear Sir / Madam,

 

Account in Dispute.

 

Your letter dated XX March 2010 was received by me today.

 

The time limit of 5 days to contact you is designed to panic me into making contact via the telephone.

 

I have previously advised you and your client that I will NOT discuss my financial affairs on the telephone .

 

You will also recall, you have been advised that this account is in dispute with your client and until such times as that dispute has been resolved, I will not be making contact with you.

 

I trust you will now return this account to your client.

 

Etc, etc,

[citizenB]

Ok, well they have confirmed the agreement was terminated "ended" on 9th February 2010.

 

Did you receive a default notice ?

[citizenB]

So you did actually remedy the default notice, is that what you are saying ?

 

If so, then I believe they should have issued another one. If I am incorrect on that, then if there were any irregularities in the original default notice then we need to know about them

[citizenB]

Hi Sunflower

 

I have a little theory and it's only that, as i may be barking up the wrong tree:D. The reason i see why the creditors don't sign the agreement, is by doing so there accepting the consumer credit act guidelines. Allthough they ask you to sign in the box. Where it says something like we obiede by the regulated consumer act 1974. As i said it only a theory, because it does seem funny that about 9/10 agreement never get signed by the creditor.

 

Gaz

 

Hi Gaz and pinklover!

Oh well Gaz and pinklover if agreement presented to you not signed by crediter it can be argued that it is incorrectly executed at the very least! though i think it can be still enforced by a judge under s65.if it goes to court and made enforceable! by court order,If a crediter signature missing i dont beelieve it can be described as having "fatal unenforceability" as described by solicitors ,so unfortunatly not a full bar to having agreement enforced,Though i suppose it helps if there are other errorrs in agreement and bulds up a picture to court that bank did not go to much trouble to execute agreement proprerly and gives the bank a black mark so to speak, I suppose,Though i can not see how it benefits bankers that much omiting their signature as whether they sign or not they are still govened by consumer credit act and would give them a black mark in court for agreement not being executed properly?

 

Gazza, in theory they should sign it to make it executed. However, the Judge can just allow them to sign it there and then to make it right.

 

My argument there has always been

 

a) If they only have a copy, how can that be correct. Onlly the original document can be executed

 

b) If it is the original then fine, but... does this mean they have not been able to enjoy their side of the contract for however many years it has remained unsigned and unexecuted. If not, then can I have my money back please:rolleyes:

[citizenB]

Hi RMW

Sorry to hear you having problems with them acknowledging payments! It does make me wonder if they do it on purpose to confuse us and get more money out of us:mad: At least if it goes to court now as well as demonstrating irreponsible lending and a not very legible CCA.I will also be able to say that they not behaving resaonably by not giving me statements and acknowledgements of payments so i can see progress of debt and comfirmation of debt going down and that Barmy orrible and stuppid keeping their word and no charges and interest being added.

 

 

"Behaving reasonably" and "Halifax " are never to be found in the same sentence, SF.. as RMW will confirm

[citizenB]

Hi Laura,

 

IMHO, it probably wouldnt have mattered to them if your income had been half that.. you own your home.. and they knew that.

[citizenB]

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..