wifes halifax CC debt

[Bazooka Boo]

As long as you have proof that you requested the CCA from Halifax, then there is no requirement to duplicate this request with other DCA's, if you didn't send them the 'Account in Dispute' letter:http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Then send the DCA chasing the alleged debt this: http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

They 'should' in turn pass your account back to Halifax, whom you can tell that what they provided is not what was requested, therefore the account is in dispute until they do provide the relevant documents, if at all.

[shifty50dog]

Hi all

Just got a reply from r/way heres what they have said.

 

We refer to your recent correspondence in wich you claim this account is not enforceable.

 

We are satified that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.

 

Your data will continue to be processed in line with the principles of the data protection act 1998 and the acccount will continue to be reported to credit reference agencies, where appropiate if you neglect to make payment to us,further action may be taken against you.

We require your payment proposals within 14 days. 28/4/10 letter dated,

This dca tends to ignore everything should i wait and see what they do i see no point in contacting oft or t/s please advise,

[craigers]

just ignore them? if they have an enforceable agreement then they'll take legal action. they clearly don't hence they'll keep sending threats and not actually take any action.

[angry cat]

Hi all

Just got a reply from r/way heres what they have said.

 

We refer to your recent correspondence in wich you claim this account is not enforceable.

 

We are satified that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.

 

Your data will continue to be processed in line with the principles of the data protection act 1998 and the acccount will continue to be reported to credit reference agencies, where appropiate if you neglect to make payment to us,further action may be taken against you.

We require your payment proposals within 14 days. 28/4/10 letter dated,

This dca tends to ignore everything should i wait and see what they do i see no point in contacting oft or t/s please advise,

 

Template letter...won't wash though!

[Guest]

Hi all

Just got a reply from r/way heres what they have said.

 

We refer to your recent correspondence in wich you claim this account is not enforceable.

 

We are satified that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.

 

Your data will continue to be processed in line with the principles of the data protection act 1998 and the acccount will continue to be reported to credit reference agencies, where appropiate if you neglect to make payment to us,further action may be taken against you.

We require your payment proposals within 14 days. 28/4/10 letter dated,

This dca tends to ignore everything should i wait and see what they do i see no point in contacting oft or t/s please advise,

 

IIRC, pinky69 has a thread where the ico have said that if a dca is merely 'collecting' on behalf of a client then they have no right to report data to cra?

Edited May 3, 2010 by Ford

[debt4get]

if they are not prepared to enter into 'repetitive' correspondence..fine..you have stated your position..they theirs..ignore em.. till they either comply..or initiate court action....which will probably be when all hell freezes over

[angry cat]

In order for RW to fully comply with their obligations under s78, they will have to provide you with "the executed agreement" and; any other document referred to in it. However, they have not done that have they?

 

Which poses the question:

Where are the inception T&C's? (as well as the varied Terms)

 

They have failed to provide them, havn't they?

 

Was there any PPI on the account?

 

Robinson Way are chancers...!

[shifty50dog]

Hi

Not sure about PPI.

Thanks for all the help will wait and see got all the threatening letters on this account from the other dca IQOR,BLAIR O SCOTT,WESTCOT,GEOFFREY PARKER BOURNE

All said the same thing as robbers way.

[sillygirl1]

Report them to Trading Standards, they should not be buying or collecting on a debt which has been disputed by the lack of a CCA from the original creditor.

 

Simple.....

[Leixlip1]

Had an identical letter shifty50dog. Halifax have passed them an account with a non-enforceable CCA. I ignored it and then received a letter telling me there had been a security breach on my account and I should contact them asap!

[shifty50dog]

Hi leixlip1

What do you mean security breach and who sent the letter asking you to contact asap.

[Guest]

it would be from robbin. way. there's no 'security breach', its just their desperate attempt to try and get someone to phone them. nothing to worry about.

[Leixlip1]

Yes, it was Robinson Way and as Ford says it's just an attempt to get me to 'phone them. I have, however, written to them asking for details so hat I can refer the matter to the Information Commissioner and/or the POlice - I'm not holding my breath for a reply!

[Guest]

..... I have, however, written to them asking for details so hat I can refer the matter to the Information Commissioner and/or the POlice.........

 

nice one! that will confuse them

[shifty50dog]

Who regulates these dcas

There must be a regulator besides the fso t/s and ico anyone know.

[:Boy:]

FSA I think regulates the DCA's, everytime the FSA contacts a DCA with regards to a complaint they (the DCA's) get charged something like £400 a time. If you send an email to [email protected]; and outline your complaint with any proof they should look into it for you, you can call them on a freephone number as well.

 

However, I would try to get Robinson's Way number or any 'withheld' number barred from your phone by BT (previous post). I never ever give my number out to any credit company, I always make one up. Once they have your number and something happens that's it when a DCA gets hold of it, constant calling.

 

In terms of the signed credit agreement and original T & C's, there was a Court case this year with regards to this (Cartel Marketing - another company I have unfortunatley worked for) and they lost the Court Case. The Judge ruled on behalf of the Bank/Credit company, stating that there was a contract as the account has been used and it is resonable for the bank not too keep all original documents (which is bulls*t). If it was on the other foot, the banks would be the first to state you must keep ALL original documents. So to try and take the debt to the County Court, that might be a sticking point with the CC Judge, as he would look up on any other cases.

[shifty50dog]

Halifax have been passing my wifes ccd around for nearly 2 years to all these dca WESTCOT IQOR ROBINSON WAY BLAIR OLVER SCOTT and another ive forgot. Just had a letter from halifax offering discount or they will sell debt to dca allthough its clearly in dispute with no orignal cca what should i do.

 

regards shifty

[shifty50dog]

Hi 1st credit after my wifes credit card debt of £10000 been through westcot iqor moorcroft now theses lot. Debt with halifax asked 1st credit for original agreement sent application form again with my wifes signature but its just an application for credit please advise next step with 1st credit

[ukaviator]

Application forms for credit have been accepted as an agreement between the two parties. Does it have all of the prescribed terms on, amount borrowed, interest rate etc?

 

There will no doubt be charges for late payments, over limit fees etc there, you should claim back. Did PPI get charged also?

[shifty50dog]

Hi

There are no prescribe terms interest rate or amount borrowed. Just staes at the top credit card application just below this it states principal cardholders application and decloration. Also credit checks data protection act no monies or interest rate at all.

[dx100uk]

i have merged 9 threads on the same debt to show the history for everyone

so advised is not re advied again and again

 

please keep to ONE THREAD per debt.

 

dx

[dx100uk]

pers i would get that reclaiming start mnetioned earlier

 

dx

[shifty50dog]

1st credit update,

They state that application form for credit is a legal document with my wifes signature.

Also they state that a payment of £1.00 was made ON OCTOBER 2008 so its not statured barred

that £1.00 was sent to blair oliver and scott for a copy of the original credit agreement

and they have took it of the balance crafty sods

 

can i do anything about blair oliver and scott on this issue.

 

Also 1st credit have now threatened to put this before a judge where all other debt collectors have failed such as iqor wescot blair oliver robinson way.

 

Any ideas should i get my wife to respond without her signature please advise,

[dx100uk]

the £1 thing is easily gotten around by producing you arg CCA request.

 

anyhow

 

have you ever checked your wifes CRA file?

 

does tyhis debt show?

 

dx

[shifty50dog]

I have not checked my wifes credit file so i dont really know. How much does a cca request cost. Also could you tell me if they need to get a ccj first