Feelingdownandout Vs Halifax

[wish me well]

5% £1500 = £75 5% £324 = £16.20 total £91.20 errrr still less than £100 and 5% is way over the odds

 

You have every right to question and challenge so dont feel scared, yes my area is struggling also, I think almost everywhere is hun but this site gives great courage you'll see once you start reading and understanding more, its amazing

[Feelingdownandout]

god this is amazing, how did I not know this existed before?!

 

ok - so what do I do first?

 

do I ask for the CCA's ?

[wish me well]

I would, just take off the reference number I left on if you have already copied it, doh!

 

I personally, (if you can) would carry on paying until their time has passed ie 12 + 30 days remember recorded delivery, print off proof of signature, third party cheque or postal order for £1.00 included with the letter then see what they come back with

 

If its nothing then the account is in default and they cant do anything other than send scary letters I am guessing you are already defaulted so hey ho.

 

No more £100 each month though if they cant provide it or its flawed

Edited June 10, 2010 by wish me well

[wish me well]

By the way because they are both with the same creditor its only one letter needed but I think its £2.00 you will need to pay (not quite sure on that) just to be safe.

 

Just put both of your account numbers on the one letter, at least that will save a little money on postage costs every little elps!!

[Feelingdownandout]

If its nothing then the account is in default and they cant do anything other than send scary letters I am guessing you are already defaulted so hey ho.

 

No more £100 each month though if they cant provide it or its flawed

 

when you say if its nothing...what do you mean? or if its flawed?

[wish me well]

If they send nothing or the agreement they do send is flawed.

 

Hope that clears things up for you.

 

Either one of those situations and they cant force you to pay a bean more

[wish me well]

On the small chance that they do have fully compliant alleged agreements for your accounts then like I said you are already paying more than you need to and if they insist on reviewing then you send in your new proposals as the balance is always lowering therefore so is the amount you need to pay even on 5% of it

[Feelingdownandout]

do you know if the halifax had CCA's prior to April 2007 that were unenforceable? can BOS take me to court for not filling out an I&E form or for not increasing my payments?

[Feelingdownandout]

is 5% the amount that DCA look to receive?

[wish me well]

Yes halifax do have lots of flawed agreements per 2007 and 5% is a guess they will try and get as much as they possible can thats just how it works.

 

on any alleged agreement its unlikely to be anymore than 3% of any outstanding balance so go figure

 

And finally NO they cannot take you to court for not filling out another IE form or what ever they ask you to fill in, they have no right to ask for any proof of income ie bank statements payslips tax credits nothing, only a court can order that

[Feelingdownandout]

so, does that mean that no DCA can ask for proof of income or insist that I fill in an I&E form? can they refuse any reasonable payment offer that I make?

[wish me well]

so, does that mean that no DCA can ask for proof of income or insist that I fill in an I&E form? can they refuse any reasonable payment offer that I make?

 

NO NO NO they have no rights to ask for proof of income and if you make a reasonable offer to pay and they refuse then good look to them

[Feelingdownandout]

WMW, I am going to write to them today, using your letter (adding my ref details!) and ask for the CCA's, I will send a PO for £2. if I send the letter tomorrow, when do they have to reply back?

[wish me well]

Right lets assume they receive it next tues (check on the royal mail track and trace and print off their signature - stapple that to the receipt and keep safe) so 12 days = 27th June if they have not responded then the account is in dispute at this point you can send them a letter stating this its upto you right then 30 days from the 27 = 27th July if they still havent responded then the account falls into default, game over until they can provide it. (they can provide after this but until that time they cant enforce the alleged debt

[Feelingdownandout]

do I still keep paying? if no response from them?, does as courtesy letter saying they will look into count as a response?

[wish me well]

do I still keep paying? if no response from them?, does as courtesy letter saying they will look into count as a response?

 

Right this is where you need to decide, I would personally carry on paying until their time is up then cancel the SO or DD and write a letter to them informing them what has happened and why.

 

Whether they send a courtesy letter or not they still have to reply with the agreements within the timescale set by the CCA 1974

[Feelingdownandout]

they take the payments from my bank card as they have the details and verification number etc they have the lot.

[wish me well]

I stopped paying because I had nothing and I mean nothing, then I just ignored everything, no letters sent to them or anything, this is why they issued court proceedings against me which, once I pulled my sleeves up and started to fight, they backed out of

[wish me well]

they take the payments from my bank card as they have the details and verification number etc they have the lot.

 

Contact your bank and tell them you need thoses transactions stopped, its your bank account not theirs, I am sure the only thing that they can setup is a DD so they are easy enough to cancel.

 

Or after the time has passed and you are in the position to cancel as per your rights then write them a letter stating that they are no longer authorised by you to withdraw any amount from your bank, send a copy of this to your bank and inform them that if they continue after you have removed permission it would be classed as theft!!

 

That should make them stop and think.

[wish me well]

you are helping me more than u realise, i just proper frightened.

 

I know that feeling well but please try not to get too worried, you are doing more than enough for the amount you owe and requesting your CCA's is your right under the Consumer Credit Act.

 

Just get that letter sent and wait and see what they come back with.

 

If they send any agreements back thats when you will need to scan them into this thread for us to look at and see if they are compliant

 

I found laughter was a huge help.

 

p.s these DCA's and the like are out to frighten us thats what they feed on, there is no need to be frightened anymore, this site will see you through it

[wish me well]

what does a Subject to Access letter look like?

 

I'll post one up for you minus my details (doh!)

 

Back in a sec

[Feelingdownandout]

so he writes to Abbey to ask who owns the debt?

[wish me well]

Ok this is from my very good friend Mouldy and he knows his stuff:

 

THEIR ADDRESS (your address opposite, top right)

 

DATE

 

REFERENCE: DATA PROTECTION ACT

 

SUB REF: Subject Access Request pursuant to PART 11 sec 7 (2) (a) and (b) of the Data Protection Act.

 

Account Ref: xxxxxxx (put in your account No.)

 

Sort Code: xxxxxxx (put in your sort code No.) if applicable

 

Note: For the purpose of this communication and all or any subsequent written correspondance that may follow relating directly to the contents herein. 'I', 'Me' and 'My' shall mean: Mr (put your name here). 'You', 'Your organization' 'Group' or similar, 'Data Controller' shall mean: Abbey and all associated companies.

 

Dear Robot, (obviously put Sir/Madam)

 

In accordance with my full legal rights of access to any of my personal information/data under the above-mentioned Statute that is held on your (Abbey's) internal system of records and relates directly to me, I, Mr (put in your name) respectfully request that you (Abbey) provide me with a hard copy of all of my personal data that you do so hold in any relevant filing system (including manual filing systems) within your organization (Group) and including all archived records that date back over the previous six (6) years to the present day.

 

Futhermore, I respectfully require you to provide me with any of my personal information that you hold in any electronic form of filing system ensuring that the hard copies that you send to me are legible and that all and any codes and abreviations are also provided in order to assist me in being able to easily read the documents containing my personal data.

 

Further to the above, I specifically request that you provide me with every single bank statement dating back over the previous six (6) years to the present day.

 

I also request that you provide me with a copy of my account agreement including all of the terms and conditions that applied at the time of my opening the account, a copy of any changes to the agreement that you may of introduced since the time of opening the account and a copy of any terms and conditions that may apply to present day banking and transactions to the account.

 

Finally, I request that you provide me with a comprehensive list of all charges that you have applied to my account dating back over the previous six (6) years, to include, showing what the offence was, the date of any such offence and the amount applied as a charge to my account.

 

In relation to the above paragraph, I respectfully request that you justify any sum amount that has been applied to the account to show that the sum amount (charge) does indeed reflect actual costs incurred and not exceed any damages the bank may have suffered due to any breach of contract to the account.

 

I trust that you will make as serious effort to understand your legal obligations under the Data Protection Act and provide me with all that I have a legal right of entitlement to under the said Statute.

According to the Information Commisioners Office the maximum fee that you may charge for my Subject Access Request is £10.00 (ten pounds) and so I therefor have enclosed the required fee.

 

I understand that you have forty (40) days to comply with my rights of access to my personal data of any description and as prescribed in this communication under the Data Protection Act.

 

I also request that you provide me with the contact details of the case officer or compliance team that will be managing my Subject Access Request.

 

I would like to express my gratitude to you in advance for your consideration and attention to this communication.

 

I Look forward to your full response within the accepted time scale.

 

Yours Faithfully

 

SAR Mouldy style

[Feelingdownandout]

wow!

[wish me well]

so he writes to Abbey to ask who owns the debt?

 

No need if he still receives statements from them then they still own the alleged debt