Legal Framework after default

[withoutprejudice]

This is my first post after many years membership.

 

Please forgive if I have it wrong or in the wrong place.

I have searched but found no answers.

 

Can anyone advise what legal framework exists to protect me after a default?

 

Details:

- Lost job,

couldn't pay credit card debt (Halifax),

set up DMP with CCCS and Halifax agreed.

Halifax defaulted me and then cancelled agreement.

Debt was eventually handed over to Blair, Oliver, Scott (Halifax in-house DCA) who also agreed the DMP.

 

As my CCA no longer exists,

what, if any, legal protection do I have.

 

e.g. If I ask for a statement do they have to provide it?

If I ask for my original agreement, same question.

 

I know they are supposed to abide by OFT & FSA guidelines but can I use any other legal framework to force them to behave

(they are becoming a nuisance with constant phone calls even though I have written to request only written correspondence).

 

Thanks in anticipation.

[BRIGADIER2JCS]

This is my first post after many years membership. Please forgive if I have it wrong or in the wrong place. I have searched but found no answers.

Can anyone advise what legal framework exists to protect me after a default?

Details:- Lost job, couldn't pay credit card debt (Halifax), set up DMP with CCCS and Halifax agreed. Halifax defaulted me and then cancelled agreement. Debt was eventually handed over to Blair, Oliver, Scott (Halifax in-house DCA) who also agreed the DMP.

As my CCA no longer exists, what, if any, legal protection do I have. e.g. If I ask for a statement do they have to provide it? If I ask for my original agreement, same question.

I know they are supposed to abide by OFT & FSA guidelines but can I use any other legal framework to force them to behave (they are becoming a nuisance with constant phone calls even though I have written to request only written correspondence).

Thanks in anticipation.

How do you mean that the CCA no longer exists?

The debt obviously still exists as you have made payments?

You can make a request under CCA 1974 sections 77/78 for

a copy of the agreement and a statement of the account use

the template letter from the CAG library and send the £1 statutory

fee by postal order.

 

When was the last payment made by any party?

[citizenB]

Yes, they are obliged to send you statements and as already advised you can obtain a copy of your agreement under the CCA1974 - you need to include £1.00.

 

Did HBoS send you a Default Notice.

 

Is the account still with Blair Oliver or has it been assigned to another company?

[citizenB]

BTW, if you think that is likely to get nasty then it might be in your interests to make a full DSAR - Data Subject Access Request.

 

You are entitled to receive all the data that HBoS holds on you, including statements. It will cost you £10.00 and there is a draft letter in the CAG library which is linked at the top of each screen. The Bank has 40 calendar days to provide this information

 

The CCA request will cost you £1.00. They have 12 working days + 2 to provide a copy of the agreement. Terms and conditions from both inception and current and a statement of account.

 

They do not usually provide, nor are they obliged to provide a copy of the agreement within the DSAR request.

 

Please be aware that nearly all the banks destroy records after a period of 6 years, so the sooner you make the request - the more data you will receive.

[BRIGADIER2JCS]

As to the first question re a default, a default is placed

usually within 6 months of the cause of action eg no

more payments made, and remains on file for 6 years

then is removed paid or not.

The debt is live and payable.

[withoutprejudice]

Thank you all for the replies. I assumed that if Halifax had terminated my agreement I had no protection under the CCA but I think you are saying that I have ?

Does that mean that if I ask for a copy of my original agreement and the DCA can't supply it then they can't enforce the debt?

The debt is still being paid under the DMP and the last payment was 1st June 2012.

[citizenB]

Thank you all for the replies. I assumed that if Halifax had terminated my agreement I had no protection under the CCA but I think you are saying that I have ?

 

Does that mean that if I ask for a copy of my original agreement and the DCA can't supply it then they can't enforce the debt?

The debt is still being paid under the DMP and the last payment was 1st June 2012.

 

 

This is a contraversial subject

 

They can continue to hassle you by way of letters/phone calls - they can even issue a claim against you - however, what they should not be able to do is to obtain a Judgment.

 

You are still protected by the Act.

[BRIGADIER2JCS]

As CitizenB says, the idea that missing paperwork make

a debt unenforceable is now very much weakened by case

law that allows in certain circumstances a creditor can produce

a ''reconstituted agreement'' whic if it complies with that case

law can be produced in court.