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halifax credit card v twoman agreement!


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Hi HUNFU,

I received under seperate postage last week a copy of "my reconstituted version of the executed agreement comprising both the original and current t&c."...their words.

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Hi HS,

They have quoted in their letter that they will not correspond any further as they have fulfilled their obligations under CCA 1974.......

As what they sent me is titled application form can this be considered an agreement as it has my signature on it.It dates back to 1995.

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Hi twoman

 

They are well aware of what they sent, and have no further arguments for you so they just say that.

 

I would send the Account in Dispute letter, an Application Form is just that and they know that.

 

They may try a few more 'threats' but I doubt they will actually issue Court Proceedings, if they do, then is the time to get heavy with them, after the Account in dispute letter, the ball is in their Court and you can ignore their threats for now.

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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 3 weeks later...

"

01/08/10

 

Dear Halifax,

 

I am in receipt of your correspondence of 19/08/10.

 

I was most impressed with your inference that you have acquired a time machine. May I please borrow it so that I can travel back in time in order to avoid people like you?

 

I look backward to your forthcoming letter, dated 1st April 2056.

 

Yours faithfully..."

 

Seriously though, if they sent you something headed "Application" then it's not a CCA is it? Account In Dispute...

 

They say that there is no requirement for a signature or date on the agreement, yet they go on to say that "as you signed...dated...signature".

 

Something doesn't seem at all right here.

 

I think someone with more experience will be able to advise better!

 

Good luck :)

 

 

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Hi Hali,

In my first post i posted the application form which to be fair is my signature...but it is an application form.

Also did you notice their comment about the default on 2nd doc i've posted.

 

Thoughts!

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Well, they have your signature, but you do have copies of both the documents they sent.

 

If your signature magically appears on the second document, then you have proof that something has been tampered with and they're well and truly stuffed.

 

They say in the first PDF that they provided you with the original agreement - they didn't if it was just an application form.

 

As for the default - they state that they have no physical record of it, so they wouldn't be able to rely on it if it came to court. You have proof from them in writing that they don't have it, so keep that safe.

 

I may be wrong, but it seems to me like they're trying to scare you :rolleyes: but don't have enough to be able to carry out their threats.

 

I'd log on again tomorrow and see if someone with more experience than me is able to advise.

 

 

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  • 2 weeks later...
  • 3 weeks later...

Send them the "In Writing Only" letter by recorded delivery. Usual terms, don't sign it and send it by recorded delivery.

 

Here's the template:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

PRINT NAME

 

As for the response letter you got, I'm not sure what to say about that. I presume that you can maintain that the account is still in dispute?

 

 

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  • 4 months later...

Hi Caggers,

Receieved this from capquest this week.

Now bearing in mind i sent a letter to another DCA about this account being in dispute in Novemeber and had no response until this letter this week.

Any advice would be appreciated.

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  • 6 months later...

Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

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  • 6 months later...
Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

 

hi there i think the po box number is registered to a company called FAIRFAX SOLICITORS, MERRION STREET, LEEDS, LS2 8BX, TELEPHONE NUMBER 01138233898

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Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

 

Hi Twoman

Has anything happened to your case or did it just die off?

Rgds.

radmm0

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It is Wescunz and Nelson Guessed operating from the same address. Better than Laurel and Hardy. Wesclots sent me a final notice saying they were going to take me to court and this could result in my ballcocks being seized. Two weeks later, NG sent a letter saying that their clients would offer me a 50% discount on the supposed debt if I agreed to pay in 10 days.

 

Too late, gentlemen, I have already awarded myself a 100% discount. File under ignore.

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  • 1 year later...

Hi Caggers,

Well after a quiet period this has raised its head.

It appears Capquest have purchased this account.

Now the funny thing is they tried to collect on this a couple of years ago and were sent packing and now they have sent the letter attached.

Any thoughts on what to respond with as the letter appears on the face of it to be serious:lol:

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