letter recevied from halifax

[Undercover-Elsa]

Hi Adrian,

Yep, you got it in one

Not on my big PC at moment..got a good letter on there which I'll post on here for you in the morning..

 

Elsa xx

[Undercover-Elsa]

Hi Adrian,

Just looking over this from every angle before we write. Need to know...

what year the account was opened..

did Robinson Way or anyone else threaten you with Court action?

Did you take out card protection?

Are there any significant unfair charges (late payment/over limit fees) on the account

Elsa x

 

PS..

Have they issued you with a formal default notice?..if so we need to see it.

If so, have they terminated or demanded the full balance?

Edited July 22, 2010 by Undercover-Elsa
More questions :-)

[adrianenler]

Good morning Elsa

Can’t remember the year ,should I SAR ,re Robinson Way never really talked to them much ,just in there letters.

Adrian

 

re default notice ,I think they did ,will see if I can find ,No default notice,I am just wondering if it has been posted to my old address ,as it was about 2 weeks before I nofity them of my new address .

unfair charge , don't thing so

Edited July 22, 2010 by adrianenler
re question re fault notice

[Undercover-Elsa]

Morning Adrian

I wouldn't bother doing a SAR yet.

I'm trying to find any possible alternative reason to keep it "in dispute", but if not no worries we'll go with their lack of original agreement.

Did you take out card insurance with them?

Default Notice may be significant, if you can find it..they often get them wrong.

Elsa x

[Undercover-Elsa]

OK, I'm trying to maintain the dispute status, but backed up with the lack of agreement argument, so something on the lines of :

 

Ref Account Number xxxxx

 

 

Dear Sir,

Thankyou for your letter of xxxx in which you state that you have discharged your obligations by supplying a reconstructed version of the agreement. For your reference I am fully aware of OFT guidelines in respect of satisfying Section 77-79 requests post the Carey Judgement. I would remind you that irrespective of legal aspects of the judgement your suitability to hold a Credit Licence is still dependant upon complying with OFT guidelines.

 

I note that you also state that you are unable to locate the original agreement.

In response, I query how you can possibly provide an accurate reconstruction, without having the original on which to base this reconstruction.

 

Your statement in your earlier letter that “our procedure has always been to obtain our customers signatures to an agreement containing the prescribed terms before entering into a credit card agreement” seems very official and competent, but is undermined somewhat by the fact that your procedure at the time did not apparently extend to securely storing that agreement.

 

You imply in an earlier letter that you would provide other evidence in order to enforce via the courts.

According to the OFT, it is an unfair practice to mislead debtors into believing that a debt is enforceable or to imply that an agreement exists where it does not.

 

Acting upon advice, I requested a copy of the agreement in response to threats from debt collectors, in order to ascertain whether you or your representatives have a right to demand payment. You have not provided me with any proof that an agreement was signed by myself or that the agreement would have contained the prescribed terms, as you are unable to locate an original copy for reference.

 

I therefore feel that you have NOT legally complied with my request and clearly this account remains in dispute.

 

Even regardless of s. 77-79 compliance, obviously I cannot acknowledge a debt for which you have provided no legally enforceable documentation, and you or your representatives cannot threaten legal action in the knowledge that it cannot be taken.

If you did attempt to pursue this through the Courts it would be vigorously defended.

.

I note that you have refused to write off this debt, however for the reasons stated above I will continue to withhold payment, as is my legal right.

 

This is my final communication unless or until you provide the necessary legally compliant documentation, at which time I would of course negotiate a suitable repayment schedule.

 

 

Yours faithfully

 

 

 

 

Anyone else, feel free to suggest amendments

 

Elsa x

 

Keep looking for the Default Notice, we'll deal with that seperately.

Edited July 22, 2010 by Undercover-Elsa

[adrianenler]

Hi Elsa

Thanks for letter ,re the Default Notice ,I can't remember gettng one ,I think they may have posted it to my old address ,as it was about two weeks before I nofity them of my new address ,should I writing request a copy before I sent the above letter

 

Adrian

[Undercover-Elsa]

Hi,

They don't usually keep copies, just a record of when issued.

No probs, I'd leave it for now, we can always chase up later if necessary.

 

Elsa x

[adrianenler]

Hi all

Just to update ,received this letter in answer to my letter ,which Elsa advised me to send ,just wondering if anyone could advise me what to do next ,I’ve received letters from Robinson way ,saying that the debt has been passed to them ,your advise is much appreciate

http://s904.photobucket.com/albums/ac244/adrianenler/?action=view&current=14july2001-1.jpg&t=1282581569240#!oZZ2QQcurrentZZhttp%3A%2F%2Fs904.photobucket.com%2Falbums%2Fac244%2Fadrianenler%2F%3Faction%3Dview%26current%3Dhalifax20082010001.jpg%26

[firstship]

ELSA....................sorry missed your question................I should have been a little more specific...........send the site" account in dispute" letter but make the 1st line "As by your own admission you do not have an agreement which underpins the account in dispute,and on this basis I do not acknowledge any debt..............take your point on the stupid judgement,I have found this approach slows them down and as you have said,no agreement if it goes to court good chance of winning against creditor..............regards FS

Edited August 23, 2010 by firstship
error

[Undercover-Elsa]

Morning Folks,

Their letter of response is basically templated as they have got wise to CCA requests and their limitations since the Carey judgement, and obviously found someone who can do joined up writing to formulate a response.

You're in the twilight zone now, as are many of us. They've stated no signed agreement can be found, but they won't accept that it's therefore unenforceable. I'm suprised they didn't quote Carey at you. However, if they did the response would be that the judge in Carey also ruled that if an agreement has been varied since inception, then a copy of the EXECUTED agreement would be required if court action was taken. ;-)

Sit it out now. If Robbers Way get too persistant,and actually threaten legal action, just write and tell them that Halifax have confirmed that they are unable to locate the signed agreement and it is against OFT debt collection guidelines to threaten legal action in the knowledge that none can be taken...so take a hike

Firstship...no probs!

[adrianenler]

Hi Elsa

once again a big thanks for all your help

adrian

[adrianenler]

Hi All

Just to keep all up to date ,received letter today 20th from Moorcroft informing of intended litigation ,it gives me till the 22nd, to reach agreement ,the letter is dated 15th. was just going to send them copy of above letter.