Halifax/1st Credit

[adarling2006]

Without that DOA from haliprats to yourself concerning this account, IQOR don't have a legal right to process your data. And as the account is in dispute i'd tell IQOR that fact and you will see them running a mile from it, contact Halifax in writing and include a section 10 and section 12 notice under the DPA 1998. that should stop them passing your account to a DCA. if they do pass it on regardless you can take them to court and get damages for failing to comply with the data protection act.

[adarling2006]

here is a letter i've used twice with sucesss against capquest and westcot.

The second template is a proper section 10 and section 12 notice to use on the OC. Amend to suit yourself

Letter template for DPA.txt

Section 10 Notice DPA1998 Updated version.txt

Edited September 28, 2008 by adarling2006
forgot to add something lol

[adarling2006]

The fact of the matter is Most OC's don't comply with the various act's of law, they don't comply with the Debt collection guidelines in my experience and they should pass a history of the account onto which DCA they use, it's obvious they haven't here, otherwise IQOR would have known about the Dispute and wouldn't have touched it with a 10 foot barge pole. I'd Definatly send in a CCA request and see what happens with that, if it doesn't come back then they've got themselves a bigger can or worms concerning the DPA 1998, the fact they'd have been processing data about yourself for 7 yr's without a legal right to do so, but that's another story, wait and see what happens.

[adarling2006]

I think they must be trying to get a nest egg together for when they do finally get the bullet, as Llyods have got their own in house team at DLC/Hillsden securities, but they are all the same really, straight out of the jungle and no clue about civilized society lol.

[adarling2006]

that's them going to give it up, you'll get a letter advise you of that in about a month.

[adarling2006]

if they intend to go to court then you can make them look totally silly by defending the claim and asking for everything under the Civil procedures rules, i've never got a far as court, they seem to be refusing to oblige me but if they do someone on here can help you more with that.

Odds on when you defend they'll back down and you win by default.

[adarling2006]

hi folks, just been reading this thread, and it seems to me that you have an application form, i do remember peterbard getting a letter about it and it took me a little time to find it but here it is, in a sense an application form is Not regarded as a credit agreement and therefore not worth the paper the bank has written it on. I will look into this more, but my understanding is if it's not a legal agreement then they have no rights to process your information as it's an improperly executed agreement and unenforceable under section 127 (iii)

 

dti

 

21 December 2006

 

Re consumer credit act 1974

 

Thank you for your letter of the 7th of December on behalf of your constituent Mr Peter Bardsley of******************* about a possible irregularity in the Consumer Credit act 1974.

 

The Consumer Credit (Prescribed Periods for Giving Information) Regulations apply to all the situations that ate listed in the Schedule to the Regulations and this include Sections 77 and 78 of the Act, which are about copies of the executed agreement and not pre contractual information

 

The Cancellation Notices and copies of Documents Regulations are made under Section 180 of the Act ) power to prescribe the form etc of documents) and Section 180 enables Regulations to be made to provide for including/excluding certain information from copies sent out under the Act. The Regulations apply to all copies sent our under the Act unless specifically excluded in the Regulations themselves.

 

Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and Conditions when requesting a copy of a signed agreement form. Just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement**

 

If Mr Bardsley feels that the rules are being flouted he should report the companies concerned to Trading standards and the Office of Fair Trading. It is also a breach of the Act and the Regulations to send the application form rather that a “true copy” of the Agreement.

On the point that Mr Bardsley makes about unscrupulous companies adjusting agreements, If there were a dispute about an agreement, the lender would need to prove to a court that there was an agreement and, it is highly likely that the lender would have to produce the original signed document to prove they had and agreement with the consumer to start with,

The lender should need to prove to a court that there was and agreement **and, it is highly likely that the lender would have to produce the original signed document to prove they had an agreement with the consumer to start with. If the lender can’t prove the existence of the agreement, winning any court case would prove difficult.

 

 

Approved By the Minister and signed in His presence

 

Pp Ian Mc Cartney

[adarling2006]

I think the main issue here is for them to enforce it they would have to come up with a properly executed agreement that contains all the prescribed terms in it, also the terms and conditions can not be on a separate document, that is also a breach of the consumer credit act 1974. Challenge them on this and continue to ask for a properly executed agreement that you asked for under section 78 of the act and until they comply with it then no enforcement activity can continue. Also ask for the Notice of assignment which they should provide you with, if they don't have one, challenge them on what document will they be relying in court for the processing of your personal information as the app form does not say IQOR, just halifax.

[adarling2006]

inform IQOR that until the dispute is resolved with the original creditor, you will no longer deal with them and report them to trading standards if they continue pursuing you. Read them the OFT debt collection guidelines as they must have misplaced theirs.

[adarling2006]

just had a look at the agreement in question, i can't see any of the prescribed terms at all, IMO a jugde would look at that and ask where they were and to provide a agreement that conforms to the CCA 1974.

[adarling2006]

Did you ever send a SAR to halliprats? It might be useful as you can see exactly what they got, and u can start reclaiming charges and any ppi back. Also send 1st crud the account in dispute letter and remind them that the unlawful processing of your information is a breach of your human rights, bet they run away as soon as they realise you ain't no mug.

[adarling2006]

I'd send them a SAR and get everything they have, which is more ammo for you, and make sure you ask for all copies of notice of assignments, default notices, termination notices and all phone call logs, and everything they hold on u and get reclaiming those charges. It'll keep them busy.

[adarling2006]

And send recorded delivery, that way you can prove they got it with a proper paper trail

[adarling2006]

It is, but next week should be fine, Gives you time to type up the sar and have it ready to go

[adarling2006]

Sar the oc, and I would also look into getting the SD you mentioned for another account sorted out too, it's very doubtful they have any paper work to back it up and getting the sd set aside should be easy, but start a thread for that too.

[adarling2006]

I don't think there is a time limit about getting them set aside, but I would definitely get the recent one set aside, might be a good idea to check your credit file and see what's there, u might be surprised.

[adarling2006]

They do need to have paperwork, the fact that they issue sd's like confetti just goes to show the abuse of the processes and used to scare people into paying up, challenge them and get costs, if they do it often enough to u they could end up paying your debt off lol

[adarling2006]

You could always bill them for your time and letters to them, £10 per hour, and 20 quid per letter, and if they don't pay pass it on to another dca lol. Not helpful but fun. Get a sar off to haliprats ASAP

[adarling2006]

Did you send the SAR off to haliprats, if so then you can tell 1st crud that the dispute is on going with the OC and you are awaiting information from them. Make them aware that until the dispute is resolved they should not be passing accounts on in dispute and should they try to enforce you will defend and counter claim for distress caused.

[adarling2006]

And bill them next time for your time and costs

[adarling2006]

Lol, charge them for the email as its your time they are wasting.

[adarling2006]

Send a letter to them thanking them for the statement dating 2006 to 2008 but remind them that you require statements from the beginning of the account and that account is still in dispute

[adarling2006]

Did you send them that email?

[adarling2006]

Did they send you the terms and conditions?

[adarling2006]

Are they the historic terms and conditions or current, if current remind them that you need the terms and conditions that were in force at the time you applied. Also remind them that documentation needs to be legible and to send you a copy that is, as that is what the law and courts would require.