@askhalifaxbank Essemess vs Halifax Card Services

[Essemess]

OH Cover Letter, Page 2

[Essemess]

OH Agreement, Page 1

[Essemess]

OH CCA, page 2

[Essemess]

Sorry for page 1 of the OHs agreement. It's from a really low quality original and this seemed the only way to share with you all what it said.

 

I suspect that the halifax send a extremely low quality copy as they are trying to hide something!

 

Your comments on the above would be most welcome while I consider what my next step is.

 

S.

[Essemess]

Hi fellow CAG'ers. I'm fairly sure that my agreement is unenforceable as it has no signature from the Halifax on it but I'd

appreciate any more insights from the more experienced on here.

 

As for my other half's, the copy we have is as illegible as the one I've posted on here, I guess it's from microfiche. I'm planning

to write to them with the following letter for each of our accounts unless anyone has a better template that they could point me towards.

 

Thanks to everyone in advance of your replies,

 

S.

 

The letter -

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a / an illegible copy of an application form and your companies current

terms and conditions I must inform you that this is not sufficient to comply with the request and that your company

is still in default under the act.

 

To clarify, just sending the terms and conditions is a breach of the Act and Regulations as, apart from the information

that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or

the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies

of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not

satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed

by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the

document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or

surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations

thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to

the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented

in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I

have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has

not been complied with the default continues

Edited June 16, 2010 by Essemess
pants formatting

[Essemess]

After a few family problems that took precedence over everything, I'm finally starting to get my life back together.

 

Firstly, my apologies to everyone who took the time to read and post on this thread for letting it go cold.

 

Right, a brief recap on what has happened since I was here last as the letters and threat-o-grams continued...

 

Got a steady stream of "you pay now" letters and calls from the Hafalax. Then got default notice dated 2nd August telling me that I had until the 23rd to pay arrears.

 

Got the termination letter dated 16th August saying the account is now going to be passed on to DCA. Now getting a letter or 2 from Albion.

 

Having somewhat dropped the ball on this one, I was going to send the "bemused" letter to Albion but then I noticed the dates on my letters.

 

Is this a case of unlawful rescission?

[Drederick Tatum]

It sounds like it, I'd ask the question in this thread for a better response > http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices%282-Viewing%29-nbsp

[Essemess]

Thanks for the link Drederick. It's a long thread but looks worth the effort to read.

 

Just from going through the first 3 pages, it would appear that the DN is invalid. Couple that with the lack of a valid CCA and I'm feeling a little easier about my position.

[Essemess]

Standard unlawful rescission letter in the post to Halifax and slightly amended Bemused letter to Albion. I tacked in a paragraph about how Halifax should not have even put this account their way as it was not given statutory time.

 

See what that shakes out. Maybe these thieving **** bags would have to shed a few more jobs if everyone stood up to them.

[rhos123]

hi, after the albion muppets, have finished with you no dout blair &co will be in touch. HAVE A POOP SCOOP HANDY. i recived this from them after the ALBION finished with me, i did not recive any court papers however i did recive some bog paper from moorcroft & crapquest! in the form of a demand for payment. no doubt more bog paper will indeed will be flushed my way in the near future!

[Drederick Tatum]

Thank's for that Rhos123, I'm with Albion at the moment so I was wondering where next would be the likely destination.

 

You're right Albion are muppets.

[laalinz]

I just recieved my first Albion phonecall (oh joy lucky me) they were asking for hubby but got me (joint cardholder) don't think she has now had a very good day after speaking to me (I know how to handle them thanks to you guys on here) insisted that she removed our phone number as I have made countless complaints to Halifax regarding these phonecalls. Muppets.

 

SAR on the way to Halifax today recorded delivery. The dance with another credit card DCA starts.

[Essemess]

Just got a post card through the door from "power 2 contact" regarding the Halifax. It could be re the Halifax One or it could be to do with my current a/c. Did I ever mention that the Have-a-laugh want over £800 made up completely from their charges?

 

Well, these financial rapists agreed to me paying them £50 / month to clear the overdraft they had created from charge, on charge, on charge. In the mean time, they agreed not to add any more charges. I stuck to my end, they added on over £100 in extra charges.

 

I wrote to them to remind them that they had agreed no more charges....they wrote back basically saying that they felt justified in getting these last ones in. Well, they can *@!# whistle now until these last charges are refunded making it so that we *both* stick to what was agreed.

 

Stand and deliver does not cover it.

 

Right, letter going out to Halifax telling them to get back on track with original agreement and one to power2contact telling them that they are not allowed to call again.

 

Grrrr. Knew it would not be an easy ride, but these "people" play dirty.

[laalinz]

Don't they all. You go get em!

[Essemess]

Nothing much from Halifax other than their internal "you pay now" letters from Albion. Also had a hand scribbled note on the back of an envelope through the letterbox from a weird looking guy asking my wife to contact a mobile number urgently....this came two weeks after she had a letter from Power2Contact. Is an unidentified note even legal?

 

I've already written to these people (see above) but I guess they need a letter for each individual case. I'll give them the benefit of the doubt on this and fire off another letter on my wife's behalf.

[Essemess]

Just another update. Second letter went off to P2C telling them not to bother calling again. Not had any more hassles from them. Regular letters from Albion requesting payment in full, but not much else.

 

Letter today going to Albion just repeating that the accounts are in dispute with the Halifax. Just to add to my paper trail.

 

In an related matter, had letter from Bliar, Oliver & Scott in exactly the same format as the one rhos123 received in the above post. Halifax agreed to no more bank charges if I paid a regular sum to clear off their "charges on charges" overdraft. After two payments, they hit the account with a fresh pile of bank charges. Written to them numerous times reminding them of our agreement to no avail. Will now have to write to BO&S putting them in the picture. I've a feeling this one may end up needing it's own thread!

 

You all have a good Christmas.

[Essemess]

Just about to send this letter to Bliar O & S...

 

p { margin-bottom: 0.08in; } Re: Halifax Bank Account

I was somewhat bemused to receive your letter dated 6th December 2010, as I have had no correspondence from the Halfiax that would indicate that this account would be passed to a third party.

As you may be aware, I entered into a formal agreement with the Halifax, which was confirmed in writing on the ZZth May, to repay a sum of £xyz per calendar month. For their part, the Halifax agreed not to add any further fees to this account. However, the Halifax subsequently debited this account with charges of £150 on the XXst May and a further £80 on the YYth June despite my regular deposits to the account. This was clearly a breach of our agreement.

Although I have reminded them on several occasions requesting confirmation, Halifax have yet to write to me confirming that these charges have been returned to the account. I would be happy to recommence repayments into this account, but only once the Halifax honour their own written agreement and return the above mentioned charges and any subsequent charges that they may have helped themselves to.

Kind Regards,

Essemess

[Essemess]

I hope everyone had a great Christmas. It's been comforting to read how everyone has been getting on and how things are progressing (for the better!) for us all.

 

It's been quiet on the Halifax front and I was in two minds about letting sleeping dogs lie. However, I thought I'd at least keep my correspondence trail up-to-date by reminding them that I have had no reply to my Unlawful Rescission letter advising me of o/s arrears.

 

Will let you all know what I hear back.

 

On a sort of related matter, I did have something of a win with my Halifax current a/c. The old "pay us back £xx a month and we'll not charge you anything" never worked out. I paid, they still charged. Long story short, got back all charges + £100 for good will. Not sure you would call this a success as I'm still paying back what is essentially a balance made of bank charges, but it made a good dent in the o/s balance

[Essemess]

Wondering what next step is after latest response from Halifax...a quick summary first:

Halifax kick the card on to a DCA without allowing full 14 days + 2nd class post.

 

I send them a unlawful rescission letter and a reminder when there is no response.

 

Received letter from DCA saying that they are going to chase up the original CCA and a letter from Halifax stating that the o/s amount s the balance of the account.

Now the Halifax have sent out reconstituted copies of our original applications. One an electronic print out of some tick boxes and the other several printouts of microfiche. I'm wondering now what to do.

 

Do I continue with the "you didn't allow me 14 days so send me the genuine arrears" or should I carefully review the CCAs the Halifax have sent me? I thought that I was past that stage as the Halifax have defaulted these accounts and sent them on to the DCA.

 

Confused now Any comments appreciated.

[Essemess]

Just to bring this one up to date - Had various letters from Westcot. Replied where needed to infor them that account is in dispute with Halifax since May 2010 and that I have accepted the Halifax's unlawful rescission.

 

Now received letter from Moorcraft as notice of intended litigation. Given them the same letter. Seen elsewhere on this forum that the threat-o-gram from Moorcraft is basically that for now.

 

Will continue to read the forum with interest and will update if anything interesting happens!

[Essemess]

Another update just to keep this on ticking along. Debt has been transferred to Capquest. Sent them letters stating that I'll only deal with them in writing and that I accepted unlawful recision on this debt. They have now written enclosing a copy of the "final response letter" Lloyds Banking Group sent and are asking me for copies of correspondence I have sent since this and if I've contacted the ombudsman.

 

Should I tell them to go and ask Lloyds for copies or just ignore this request? Should Lloyds group be sending copies of letters from my Halifax file to a 3rd party like Capquest? I've got copies of my letters so it would be easy....but.....

 

Sounds to me like they are potentially stuck for evidence to contradict what I say and want me to help them out. I'm siding with the "go ask Lloyds" approach but would be interested to know what everyone thinks?

[Essemess]

Now received a letter from CapQuest asking me to contact them as "There is a settlement available on your account", "Account purchased from Lloyds Banking Group" and that they can mark my account with a "partial settlement flag". Very sweetly worded compared with usual threat-o-grams DCAs usually send out.

 

I already wrote them back in Sept 2013 to say a/c is in dispute with Halifax and CCA'd them for good measure Jan '14 with no response. Is it worth sending them a reminder that this account is in dispute with Halifax?

[chaddyowl]

I have ignored them for years. I get different letters from different debt agents offering discount after discount

 

Soon be statue barred just ignore I say!!!

[Essemess]

With nearly 5 years since I CCA'd the Halifax and 13 months between letters from Capquest I'm suspecting they are just fishing. The thing that caught my eye about this letter though was that is said they had "purchased the account from Lloyds". Not sure if that changes things...

 

What's interesting was their request Dec '13 for any correspondence between Halifax and me. That and the fact I have received no response at all to my S78 to them Jan '14. I'm suspecting that between the move from Halifax to Lloyds the file system has suffered. Damn shame if it has

 

I've tried to stick by never ignoring letters and always firing back something (bemused, s78 etc) but in this case I think I'll wait and see.

[Essemess]

Almost another year passed and nothing from anyone chasing this one since April of 2015. Just a couple of months and this will be statute barred.