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halifax credit card v twoman agreement!


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letters a load of bowlarks

 

ignore them.

 

got 5 of those now

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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True, dx. Why do people always think they have to reply? Reaction is precisely what these parasites are trying to provoke! The one thing they cannot deal with is being completely ignored. After sending a set series of letters, if they haven't had a response, they will call it a day and stop wasting postage. Maybe they will sell the debt on and someone else will try it on; but eventually it will simply fizzle out. And when you get to the magic six years (five if you're in Scotland then the debt is dead.) E&W still collectable.

 

This industry relies entirely on the victim believing their bull and responding to it. Do a freedom of information check on these people and you will find most have never ever issued any Court proceedings.

 

If they get no response they don't even know if you got the letters, so they don't throw good money (court fees) after bad.

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Responding to S.O.S.

 

twoman, you will get a quicker response if you use the "report post" button under each post rather than to send an email to admin :)

 

I am not quite sure of the reason for your S.O.S..

 

Account open in 1995 - Account appears to have been assigned to CQ.

 

There is a vague reference to a Default notice in one of the letters - did you ever receive a copy ?

 

When was the last payment made to this account?

 

From what I can see, you have received a copy of an Application form, which doesn't appear to contain any prescribed terms.

 

In respect of a CCA request you are entitled to receive..

 

copy or (truthful and accurate ) reconstruction of the agreement

Terms and conditions from both inception and current (or time of default) If there were any variations made to the T&C, then you should receive a copy of those as well.

Statement of account showing default/penalty charges.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitB,

Didn't realise i sent SOS i only bumped it :noidea:.

 

Account open in 1995 - Account appears to have been assigned to CQ.

yes been sold to them recently

There is a vague reference to a Default notice in one of the letters - did you ever receive a copy ?

probably

When was the last payment made to this account?

August 2010

From what I can see, you have received a copy of an Application form, which doesn't appear to contain any prescribed terms.

i agree

In respect of a CCA request you are entitled to receive..

 

copy or (truthful and accurate ) reconstruction of the agreement

Terms and conditions from both inception and current (or time of default) If there were any variations made to the T&C, then you should receive a copy of those as well.

Statement of account showing default/penalty charges.never received anything like that.

 

thankyou for your response aswell CitB,appreciate it.

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If you made a payment in 2010 then you should have received a further Default Notice after that date - theoretically you would have remedied the original notice.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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By the time it reaches idiots like CapQuest it's effectively a dead issue. Ignore them & they go away. That's my personal experience. Try it.

 

If they had the slightest intention of pursuing it in Court they would have done so. You are playing THEIR game by discussing it with them.

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that letter looks intended as a letter before claim ie they say that they 'will' start a claim? ie if they do subsequently decide to take legal action then that may suffice as an LBC?

IMO

:-):rant:

 

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  • 1 month 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:

 

I had an identical letter from Capquest then I had a phone call. They ring and every time they want to get me to go through security to which I refuse as they are a third party. Their letter was responded to and I have copied it below:

 

Please find my response to your letter of DATE AND REFERENCE

 

I have no contract with your Company and do not wish to contract with you. I am not one of your customers. This e-mail does not imply contract.

 

Should you need to contact me again I will need the following;

 

A valid copy of a contract, signed by both parties and giving acceptance by both parties of a contract.

 

Lawful terms and conditions which are not based on fraud.

 

Validation of the contract with full accounting and full disclosure of all material facts.

 

Prove a valid consideration of the contract.

 

An invoice attached to the above in accordance with the Bills of exchange Act 1882 (as amended 1992) and proof of claim.

 

Without you fulfilling all these requirements I cannot discuss the matter further. Neither shall I disclose any details to any of your telephone operatives over the that method of communication.

 

AND

 

I must reiterate the contents of my e-mail to you which was sent on September 19 2013. It means what it says and still stands. It would be remiss of me not to inform you that the alleged balance with Lloyds is in an unresolved dispute and they have broken OFT Guidelines by not only passing the balance/file to you but actually selling something to you which is defective.

 

They may have misrepresented the full facts surrounding the matter which is unfair to your company and have not afforded you full disclosure which is a requirement of and contract.

 

I would suggest you go to Lloyds and get your £500 back which you paid them for the alleged balance.

 

As to me you are a third party I see no obligation to discuss anything which is not of your business and I advised this to your caller yesterday and now confirm that the dispute is between Lloyds and myself.

 

Should you or your agents wish to contact me again, all the requirements of the e-mail of September 19 must be met.

 

I have no contract with your Company and do not wish to contract with you. I am not one of your customers. This e-mail does not imply contract.

 

 

Capquest are a third party (interloper) to you and they have no jurisdiction or contract with you

unless you discuss the matter with them which then implies contract which you are not obliged to do.

 

Capquest, like all other debt purchasers, buy the debt for 10p in the £ (10%) and aim to collect the full amount.

 

In my case, Lloyds have tried to obtain £5000 and couldn't, they could not resolve the dispute so sold it for 10%.

 

There are requirements of a contract which are ;

 

Full disclosure........how much did they acquire your alleged debt for? List all material events of the contract so you can accept the information/ contact OR reject it.

 

Consideration........Unless there is equal consideration the contract is unenforceable.

Consideration means if you pay them what are they going to give you? If the answer is nothing then it is unenforceable

 

Lawfully binding and signed by both parties........ do you consent to this contract with them so agree to pay this debt?

NO as why would you enter into a contract when they are giving you nothing in return.

 

Full accounting and validation....... Why do they think you owe this amount, can they prove it, did they bring anything of substance to the table beyond a bank credit/debit?

 

The letter you have received just has different words on it so just reply as I have done.

 

Using this tactic, I have a backed off solicitors who when reading my replies as posted, have dropped their cases and sent back their files to their clients unwilling to act further.

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What is the relationship between Llyods banking group and Bank of scotland???

 

Halifax ...Bank of Scotland. (HBOS) A mere matter of £20bn on the takeover of Lloyds, a further £17bn and the takeover.

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Hi CitB,

Didn't realise i sent SOS i only bumped it :noidea:.

 

Account open in 1995 - Account appears to have been assigned to CQ.

yes been sold to them recently

There is a vague reference to a Default notice in one of the letters - did you ever receive a copy ?

probably

When was the last payment made to this account?

August 2010

From what I can see, you have received a copy of an Application form, which doesn't appear to contain any prescribed terms.

i agree

In respect of a CCA request you are entitled to receive..

 

copy or (truthful and accurate ) reconstruction of the agreement

Terms and conditions from both inception and current (or time of default) If there were any variations made to the T&C, then you should receive a copy of those as well.

Statement of account showing default/penalty charges.never received anything like that.

 

thankyou for your response aswell CitB,appreciate it.

 

By looking at your pdf, which show only an Application Form, this does not constitute a Credit Agreement/Contract.

 

What you have is all there is. Credit Card companies used to send out Application forms, process them and send the PIN No's and card and that was it!

 

This amount is unenforceable because it was a credit application/card which started before April 2007. It has no "prescribed terms" required under Section 61 CCA 1974. Under Section 127 CCA1974, the alleged agreement cannot be enforced where an action/claim is brought to Court because a Court is precluded (barred) from enforcing the alleged amount due to non-compliance of Section 61.

 

Prescribed terms are signatures by both parties entering into a credit agreement/contract. Terms about interest charges and variations and when the amounts become payable, what is owing and what interest is owed etc. Section 79 regulated credit cards but we ask for s77/78.

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threads been dead for 6 weeks now...

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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

 

The parent company is,

DRYDENS LIMITED

SHIRE HOUSE

2 HUMBOLDT STREET

BRADFORD

WEST YORKSHIRE

BD1 5HQ

 

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

 

The Parent Company is

DRYDENS LIMITED

SHIRE HOUSE

2 HUMBOLDT STREET

BRADFORD

WEST YORKSHIRE

BD1 5HQ

Edited by citizenB
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this thread is a year old

 

 

now closed

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 1790 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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