Halifax Taking Me To Court

[wish me well]

Well Mouldy, I have beaten you back.

 

Where are you? How long...........

 

[The Mould]

Well Watson old boy, if you thought the Battle Of Trafalgar was a fine one, in relation to the robots who had banked that £59 third party settlement cheque against a debt stated or claimed as being £16,000.00.

 

You haven't heard anything yet.

 

Another group of robots have banked a third party cheque £8.00 sent in and offered unequivocally in Full and Final Settlement of the account and without any admission of liability to the amount claimed by the robots as legally owing and also including the all important clause for the robots to return the said cheque payment if they do not agree to the settlement terms, yes well Watson as I say, these robots banked that said £8.00 (eight pounds sterling) third party cheque against a £72,000.00 (seventy two thousand pounds sterling) debt.

 

Last I heard was that the factory who made these particular robots had dumped them at the scrap yard, it was a simple case of Mould poisoning, and as I had developed the syrum, I was called in to administer the fatal dose and then I double checked their batteries to make sure that they could not be re-charged.

 

Kind Regards

 

Mouldy

[wish me well]

Well Watson old boy, if you thought the Battle Of Trafalgar was a fine one, in relation to the robots who had banked that £59 third party settlement cheque against a debt stated or claimed as being £16,000.00.

 

You haven't heard anything yet.

 

Another group of robots have banked a third party cheque £8.00 sent in and offered unequivocally in Full and Final Settlement of the account and without any admission of liability to the amount claimed by the robots as legally owing and also including the all important clause for the robots to return the said cheque payment if they do not agree to the settlement terms, yes well Watson as I say, these robots banked that said £8.00 (eight pounds sterling) third party cheque against a £72,000.00 (seventy two thousand pounds sterling) debt.

 

Last I heard was that the factory who made these particular robots had dumped them at the scrap yard, it was a simple case of Mould poisoning, and as I had developed the syrum, I was called in to administer the fatal dose and then I double checked their batteries to make sure that they could not be re-charged.

 

Kind Regards

 

Mouldy

 

 

Seriously?

 

I could do with a few accepting £8.00 cheques as full and final from me!

 

How does that go again?

 

[wish me well]

Oh no Mouldy, I have to go, my littlest monkey has woken up!

 

Right erm I will either be back in a bit or tomorrow, just depends how long he takes to settle???

 

KWS,WMW:)

[The Mould]

Watson I have sent a Houston to Baker Street, I have a problem, a major problem old boy.

 

Kind Regards

 

Mouldy

 

PS, I do hope your super child is alright, tea & smoke, back in 10 mins

[The Mould]

Watson old boy,

 

Can you do me a favour my dear fellow?...............

 

Fly me to the moon.

 

Kind Regards

 

 

Sherlock Mouldes

[Feelingdownandout]

hello out there

 

I have received in the post a letter from BOS to say that I have failed to respond to their request to pay off the total remaining balance of £1590, so I have sent the CCA request, they would have received that over a week ago, they have since taken the usual amount from my bank account of £60 and suspect they are about to take another £40 for my other card - do I sit back and wait?

 

I am a bit worried about this...? help?

[wish me well]

hello out there

 

I have received in the post a letter from BOS to say that I have failed to respond to their request to pay off the total remaining balance of £1590, so I have sent the CCA request, they would have received that over a week ago, they have since taken the usual amount from my bank account of £60 and suspect they are about to take another £40 for my other card - do I sit back and wait?

 

I am a bit worried about this...? help?

 

Yes just sit back and wait to see what they send after the 12 days, if nothing send them a reminder and let them know they have a further 30 days to comply.

 

Sorry, I wasnt online yesterday to answer.

 

Kindest wishes sent, WMW

[babydoll0141917]

Hi The 30days no longer applies for a CCA if after 12+2 days you still havent recieved the CCA send the dispute letter

[Feelingdownandout]

hello WMW - long time no hear from you, I hope your monekys are well!

 

BD - I not sure if I have seen a dispute letter?

 

does this action stop them from taking me to court?

[babydoll0141917]

Send them this if you dont hear after 14 days,,It will put the account in dispute ..Has court action started??

 

Amend Letter to suit

 

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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[Feelingdownandout]

So I can send this to them so they receive it on 16th July by registered post in order that I am ontime and leave no gaps. The CCA should have been received by me on 15th July.

 

Can they still take me to court on this? as they have been threatening to do this?

[babydoll0141917]

If you put the account in dispute with the letter ..that shud stop them from doing anything..Ive had many threats from DCA nothing has ever come of it ..

 

and yes has soon has their time is up send them the dispute letter

[Feelingdownandout]

ok.

 

Knowing my luck the CCA will come through and I will be banged to rights. Although I dont ever remember signing a CCA, it came in the post with the card but I know that I never returned it.

[babydoll0141917]

ok.

 

Knowing my luck the CCA will come through and I will be banged to rights. Although I dont ever remember signing a CCA, it came in the post with the card but I know that I never returned it.

 

When was the account open?? normally when you get the card it comes with the card carrier..that mentions The CC Act,,thats not normally the CCA..you would of had the Agreement to sign befor you got the card

[Dotty50]

Hi babydoll, just to let you know, there are up to date posts on feelingdownandouts own thread, just saves wishmewells getting hijacked and confusing

[Feelingdownandout]

I think I opened it in approx 2006 will need to check but defo before 2007 and I applied for it over the phone, the next thing (if my memory serves me right) the card arrived in the post.

[freethemice]

If you put the account in dispute with the letter ..that shud stop them from doing anything..Ive had many threats from DCA nothing has ever come of it ..

 

and yes has soon has their time is up send them the dispute letter

 

Putting the account into dispute doesn't stop them doing anything. Recent legislation by Mcduff has meant anything short of enforcement in court is not classed as enforcement action so they are allowed. You have redress later if they are proved to have acted unlawfully but your credit rating will get ruined and they will in all likelyhood take you to court.

 

It can put some Dca's off but there are always lower ones willing to take the batton.

 

If you really want to put into dispute you have to follow through with a complaint to the information commissionairre of the oft (does little but will delay things while they investigate)

[GingerRogers]

So does that mean there's absolutely no point sending anyone a CCA as eventually you will be taken to court?

[wish me well]

I wouldnt says its pointless but doing a CCA request doesnt prevent the creditor taking court action, a Section 78 request allows the creditor to send a reconsituted version of a CCA.

 

Its up to the individual to challenge the enforceablity of it, although the recent rulings are where the debtor was the one who instigated proceedings. If it is the creditor who starts the court ball rolling then they need to provide a fully compliant regulated agreement to prove their case.

 

KWS, WMW

[wish me well]

My next argument for the creditors is IF they do indeed hold a fully compliant regulated agreement with my signature then why not send it? A reconstituted version is exactly that, reconstituted. I have no solid proof that I was provided with all of the relevant and legally required information at the time execution.

 

Until such time as I do receive I cannot be expected to know whether I am lawfully required to make payments on any alleged debt.

[Feelingdownandout]

why do they hold off sending a signed version and send the recon one instead? or even a signed application form agreeing to be bound by the t&c's

[MandM]

why do they hold off sending a signed version and send the recon one instead? or even a signed application form agreeing to be bound by the t&c's

 

Because that's all they're obliged to send. Why drop themselves in it by sending a poor or unenforceable copy agreement or admitting they can't find it? Sounds unfair but unfortuntely that's how it is. It would be easier for them to bait you into taking action.

 

The best you can do when faced with this is to dig in as WMW is. If they take you to court then they'll need to produce the real thing.

 

M

[wish me well]

Under Section 172 of the Consumer Credit Act statements made under 78 are binding, I am trying to incorporate this into my letters, also the oft have stated that a creditor should state whether or not they have an enforceable agreement.

 

I will post more about this and ask for further thoughts tommorrow.

 

KWS, WMW

[The Mould]

Under Section 172 of the Consumer Credit Act statements made under 78 are binding, I am trying to incorporate this into my letters, also the oft have stated that a creditor should state whether or not they have an enforceable agreement.

 

I will post more about this and ask for further thoughts tommorrow.

 

KWS, WMW

 

Ah there you are Watson

 

Its nearly the morrow now old boy, speaking of which........Hooooooowwwwlll time for a change dear boy, oh here it is, yes, oh yes, midnight club, goody gum drops.

 

Holmes, I say Holmes, hello there, is that you over there Holmes?

 

Yes Watson, here I am, although where we are, is another question altogether, hmmm.

 

I thought you were an apparition Holmes.

 

What?

 

An apparition old boy, must be too much sun or summerthing like that Holmes.

 

I thought you said that you thought I was a pair of tits Watson.

 

Where are we anyway Watson? All this blasted sand everywhere, I did tell you Watson and I have told you before man, leave the bloody buttons on the time machine alone will you! Here we are, goodness knows where........

 

Does he? Let's just ask him them Holmes.

 

Don't be a fool Watson, goodness became engaged to gracious last week and they are off somewhere going mad together. Oh why didn't I just stay at home tonight Watson? I was going to play the violin you know, that is until you turned up with your "Let's go on an adventure Holmes, let's get the time machine out, ooh please Shirley, please can we? you know you want to Shirley". Yes, I should of stayed at home Watson, hold on a minuet old boy, what's with the bloody 'Shirley?' Watson you are becomming quite bold I should say.

 

Holmes, you know why I tease you with the 'Shirley' name calls. Anyway dear fellow, how can you play the violin now, like you used to, with your thingy having been bitten off when we were on the Hounds of the Bast**dville case back in Devon old boy?

 

What? Watson have you gone stark raving mad man? My thingy? Bitten off? What on earth are you going on about, you silly old doctor?

 

You don't remember Holmes, do you? You really don't remember, goodness me, ah, the time travelling has erased your memory of it. When we were on the Hound's case, your thingy was bitten off by the beast.

 

Are you serious Watson? That beast bit off my favorite bow?

 

Yes Holmes, absolutely, that beast locked its jaw on, urm, er, your bow, and snap! Off it came.

 

You mean......... the Duke of Cornwall ate my bow? Wait a minute Watson, wait just a minuet, when I was over there and walking back over here, when you said what I thought you had said about tits, I was just comming back from doing a piddle, my bow is still there, Oh my God Watson! MY BOW IS STILL THERE! Do you know what this means Watson?

 

No, I'm afraid I am at a loss Holmes, what does it mean?

 

It means........ well Watson, I'll tell you some other time, some where, some how.

 

Holmes don't be a violin player all your life, tell me! Holmes! Holmes, tell me damn you!

 

The science of deduction Watson, that's what it means.

 

Good night old boy, sleep tight.

 

Kind Regards

 

The Mould