Halifax and Notice of Legal Action

[mevsthem]

Could someone please take a look at this letter I have received from the Halifax. The account has been in dispute since last year and I have been passed between Their DCA's for months. But today I received this letter from Halifax themselves and after reading similar posts I think I need to reply to it.

 

http://i386.photobucket.com/albums/oo308/faulty500/halifax1.jpg

 

Could anyone please advise

thanks

b

Edited June 9, 2010 by brooky25

[wycombe]

Do you have a copy of the agreement?

 

Have you received a Default Notice?

 

If yes post them up here minus the personal bits

 

If not you need to get copies from Halifax.

 

If not already done send off a SAR to Halifax ASAP with the £10 fee and this will throw up all (or should) documentation and information Halifax hold on you.

[mevsthem]

Hi, New SAR sent this morning as one last year only gave me statements. Yes have received default notice and will scan and post up. Here is my agreement that they sent to me last year. Thanks for the help

 

 

http://i386.photobucket.com/albums/o...reement1-1.jpg

 

http://i386.photobucket.com/albums/o...reement2-1.jpg

 

Ps terms were printed on opp side of agreement and print codes do not match

[AndyOrch]

Hi Brooky

 

Providing you have retained proof of the dispute ie paper trail,then simply forward a copy of your original letter in response to theirs.

You could include a cover note stating the dates and nature of the dispute and that as you consider that the matter as not been resolved to your satisfaction you still consider the matter in dispute and that any attempt of litigation will be vigorously defended.

You must respond to the letter however intime, inline with Pre Action Protocol Pd's.That should bring the matter to a halt for now.

 

Regards

 

Andy

[mevsthem]

Thank you I am on it right away

[mevsthem]

Hi would this covering letter be ok

 

Litigation Department

Arrol House

Viking Way

Rosyth

Fife

Ky11 2UT

 

Dear Sir/Madam

 

Ref :-

 

Please find copies of the correspondance between myself and the Halifax. In my opinion the account has been in dispute since the 15th june 2009 due to you not responding to my legal request to supply me a true copy of the original executed consumer credit agreement. I consider that the matter has not been resolved to my satisfaction and I still consider the matter in dispute and that any attempt of litigation will be vigorously defended.

I look forward to your response

 

Yours Faithfully

Edited June 9, 2010 by brooky25

[The Mould]

Hi would this covering letter be ok

 

Litigation Department

Arrol House

Viking Way

Rosyth

Fife

Ky11 2UT

 

Dear Sir/Madam

 

Ref :-

 

Please find copies of the correspondance between myself and the Halifax. In my opinion the account has been in dispute since the 15th june 2009 due to you not responding to my legal request to supply me a true copy of the original executed consumer credit agreement. I consider that the matter has not been resolved to my satisfaction and I still consider the matter in dispute and that any attempt of litigation will be vigorously defended.

I look forward to your response

 

Yours Faithfully

 

Hello there brooky,

 

Litigation Department? Robot Department is what it is.

 

Anyway brooky you might like to add this,

 

"I should like to remind you of your obligations in relation to complaint/dispute handling proceedures as stated by the regulator Financial Sevices Authority in their Full Hand Book"

 

Send a copy of your letter to the Company Secretary, ask the Office Of Fair Trading for the name and contact details of Halifax's Company Secretary.

 

Furthermore, state in writing to the DCA's that they are not a party to any contract between you and Halifax and therefor have no legal right to excercise or enforce any rights that Halifax may have under any contract if indeed such contract even exists.

 

Serve a Statutory Notice under PART 11 sec 10 of the Data Protection Act upon Halifax stating that until they are able to substantiate with documentary evidence that conditions in paragraph 1 to 4 of Schedule 2 of the said act (DPA) are being met they are to cease processing/disclosing your personal data to any organization or individual.

 

Serve that Notice upon the Company Secretary.

 

Hopefully that will help a little bit, when you hear any news on that, please up-date.

 

Kind Regards

 

The Mould

[The Mould]

brooky,

 

The said Conditions are relevant for purposes of the first Principle:

 

PROCESSING OF ANY PERSONAL DATA.

 

Kind Regards

 

The Mould

[mevsthem]

Thank you so much for the help and I will keep updating as things unfold

[mevsthem]

Hi, Received the following letter today along with a typed copy of new terms and old terms, feel like im going round in circles with them

 

http://i386.photobucket.com/albums/oo308/faulty500/halrep1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/hreply2020.jpg

 

 

This is in reply to the to the above letter I sent them last week

 

thanks

[mevsthem]

Hi here is a copy of the default notice and a letter I received very shortly after

 

http://i386.photobucket.com/albums/oo308/faulty500/dnotice1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/dnotice2.jpg

[Mozz1]

Reference Mevsthem's agreement and ToB with the Halifax.

 

I had understood that a properly executed (and valid) CCA for a credit card must contain on a single sheet:

1. A term stating how the borrower is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of (1) Number of repayments;(2) Amount of repayments;(3) Frequency and timing of repayments;(4) Dates of repayments;(5) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable;

2. A term stating the rate of interest to be applied to the credit issued under the agreement; and

3. The credit limit or confirmation that there is no credit limit.

 

4. I have read elsewhere on this site that the CCA must make reference to the ToB if on a separate document (or if on the reverse of agreement).

 

It seems to me that mevsthem's agreement is flawed for the following reasons:

 

1. There is no term stating how he is to discharge his payments to the Halifax;

 

2. The only term referring to the rate of interest to be applied is the description of the product itself Halifax Gold 10.8% Fixed Rate Card; and

 

3. No credit limit is stated. They do say in the ToB that they can set the limit but there is 'owt on the CCA to say what that actually is.

 

At least that's what I make of it during a brief perusal. I stand to be corrected if wrong.

 

The very small print under "Agreement" states "I have received a copy of and agree to be bound by the Conditions of Use." So that seems covered. While there is a clause saying they can "transfer" to a DCA they actually haven't assigned or transferred the debt and did they, therefore, have the right to instruct the bottom feeders to manage the debt?

 

Does this mean that the agreement is improperly executed in accordance with the CCA 1974? Presumably mevsthem can in any event stall court proceedings by putting this to them?

[mevsthem]

Hi mozz1, Thank you for your detailed response. I feel I have many arguments to throw at the halifax regarding this account. I am just worried if I try settle these arguments before court I am just aiding their defence for a claim, I think it would be better to wait for court proceedings should they occur. After reading their latest response I have 8 weeks to reply, just undecided on what response to give without giving them to much ammo so to speak. At the same time I am eagerly waiting for a response to my SAR application

[Mozz1]

Well, you may be right... But, I would have thought that it would do no harm to cover one defence point per letter, stringing it out, delaying court proceedings. This is because (a) their lawyers I am sure know what their weaknesses are already and will anticipate your formal defence; and (b) you use this letter campaign to set up a good bargaining position to make a without prejudice f&f offer somewhere along the line (or a modest repayment plan etc).

[MVM]

Well Halifax have shot themselves in the foot anyway, as the termination notice pre dates the point at which you can remedy the default notice, on that basis alone, your liability is no more than the arrears when the default was issued. Evrtything else I would say was academic, wouldnt you?

[Mozz1]

The termination notice post-dates the DN and yes, that must be the wrong way round. But, in any event, it is all fairly recent stuff (late 2009) so not sure that helps the OP very much.

[MVM]

You have missed the point. Look at the Default notice again, what date does this give you to remedy the arrears by?

When you have done this look at the Termination Notice date.........

[mevsthem]

Again one of my arguments, I have not had chance to remedy the default notice in the prescribed time as they terminated 9 days beforehand

Edited June 26, 2010 by mevsthem

[MVM]

Correct. They have terminated early and havent given you the opportunity to remedy within the period specified. Therefore (whether you intended to remedy or not is immaterial) and they cannot enforce the agreement, save for the arrears as i stated earlier. This is laid down in statute in the CCA 1974

[mevsthem]

Thanks for your comforting advice. With regards to arrears could you please explain as I dont fully understand. Do you mean I am only liable for the outstanding balance when the acc terminated or the actual arrears (ie 2 months payments) on the Dn

thanks again

[The Mould]

Thanks for your comforting advice. With regards to arrears could you please explain as I dont fully understand. Do you mean I am only liable for the outstanding balance when the acc terminated or the actual arrears (ie 2 months payments) on the Dn

thanks again

 

 

Hello, Hello, Hello,

 

What's all this then?

 

Yes officer that's right, I am only liable for the actual arrears because those dumb robots have terminated the bleeding agreement without legal excuse governor.

 

The agreement is no longer 'Live', it is a fundamental breach of contract by the robots, er, er, er, I'll have you butler, yea, on your bike oh I mean on the buses.

 

OK robots why don't you just implode.

 

Yes, arears only my good fellow, don't ask me what that paragraph above is all about, I didn't write it. (a bit of midnight club crept in there)

 

 

You can Ralex now, not a spelling mistake in site or on sight for that mutter.

 

Kind Regards

 

The Mould on fire

[mevsthem]

Cheers Mould,

Nice paragraph, sounds like my head last night. I must be turning into one of the darn robots

regards

[Mozz1]

You have missed the point. Look at the Default notice again, what date does this give you to remedy the arrears by?

When you have done this look at the Termination Notice date.........

 

yep, I did. Thanks for the clarification. All the best mevsthem, looks like you have a good chance of succeeding.

[mevsthem]

Hi,

Received another Notice of Legal action, letter before claim yesterday same one as before, even though the customer relations dept have given me 8 weeks to respond to their last letter. I have written the letter below and wondered if someone would take a look and advise if it looks ok. Not very good with letters and I dont want to drop myself in it.

 

 

Dear Sir/Madam

 

Thank you for your correspondence dated 23/07/2010. I fail to agree that the true copy of the credit agreement you have sent me is indeed enforceable. Also there are issues regarding the default notice and termination notice you have sent to me.

Here are a few points I would like to bring to your attention.

 

There is no reference on the first page of the agreement to the terms and conditions which are printed on the reverse. This leads me to believe this is not a true copy of said agreement. If you believe that it is a true copy then why is there two different statements regarding my right to cancel the agreement, one on the front page and one on the reverse.

The reference on the front page is marked HL1/TA5/08/00 and on the reverse it is marked TC 7.58b 10/00. This also leads me to believe they are not the same document. If they are not the same document then I am sure you are aware that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect.

 

 

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Could you please explain the following points below.

 

There is no term stating how I am to discharge my payments to the Halifax.

 

The only term referring to the rate of interest to be applied is the description of the product itself Halifax Gold 10.8% Fixed Rate Card

 

No credit limit is stated

 

I would also like an explanation as to why my termination notice pre dates the point at which I can remedy the default notice, on this basis alone, my liability is no more than the arrears when the default was issued.

 

I have kept all correspondence between myself and the Halifax including envelopes, proof of postage and including all the letters from the various Dca's to which you have passed my details onto, which I hope you are able to substantiate with documentary evidence that conditions in paragraph 1 to 4 of Schedule 2 of the Data Protection Act are being met.

 

I would like to inform you that should this be brought before the court I will be relying on such evidence to file my defence.

I eagerly await your reply.

 

Yours Faithfully

 

Any advice greatly appreciated

thanks

Edited July 18, 2010 by mevsthem

[mevsthem]

Hi, In 2 minds whether to send this letter or not, think I should reply to halifax but do I let them know what evidence I have so they can be better prepared to build a case ?