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Have things changed, its been a while.


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Good evening all.

 

Ive not been on the forums for some time now due to a lot of personal reasons.

I was however wondering if much has changed. When I was last on I had great help from a few people on here regarding agreements being enforceable.

 

If I remember correctly there were certain criteria which had to be met to make an agreement enforceable and I had a battle on my hands with Halifax who, in response to a SAR, had sent me not an agreement but instead a copy of an applicationform which had been signed by me but not the Halifax.

 

I had written to them to say the debt was in dispute and in the last couple of years the debt has been passed to 3 different debt agencies and each time I have written to say the debt is in dispute and it has on each occasion been passed back to the Halifax.

 

A month ago I got a letter from yet another collector and I replied with the same response ( I also pointed out that the Halifax had no right to pass on a debt that is in dispute - Is this still correct?)

 

Today I got a letter from them which states that the Halifax have 'no record of there being a dispute' and they have also sent another copy of the same application form.

 

So now I need to respond, but need to be sure of my facts-

 

Am I still correct about the terms and conditions in an agreement, has anything changed?

 

I also wondered about the 6 year 'statute barred' rule. Does this still exist?

 

I havnt had direct contact nor made a payment to the Halifax in 5 years 8 months since I first sent the dispute letter. Does the fact that I have had to respond to other companies regarding the debt negate this?

 

I would appreciate any help on this please.

Thank you

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If you have not made any payment or acknowledged any liability for 6 years from the 1st missed payment (5 years in Scotland) then the statute barred rules are the same.

 

Have they sent you a Default Notice - Halifax usually managed to mess them up.

 

Are there any default/penalty charges on the account - these can be reclaimed

Was there any PPI on the account - generally mis sold, if applied to the account, it could be reclaimed.

 

An application form could be acceptable, if all the prescribed terms were present at time of signing.

 

Was it a loan or credit card.

 

Are these collectors, merely collecting on behalf of Halifax or has the account been assigned to them ?

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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Thank you for the reply, to answer your questions-

 

I did get a default notice years ago.

I haven't claimed any PPI or default charges as I thought that if I did that I was acknowledging the debt.

The application form they have sent me does not appear to have all the prescribed terms and conditions.

It was a credit card.

I don't have all the paperwork with me now to look at but, in the latest letter from them it doesn't say if they are collecting on behalf of Halifax or if they have bought the debt.

 

One thing I don't understand- The 6 year statute barred replies on you not acknowledging the debt, making a payment or contacting the company involved. But- if I have responded to the threats of the 3 different agencies which have written to me regarding the debt then does that not mean that I have in fact acknowledged it?

Edited by 1stlifeline
spelling mistake
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Thank you for the reply, to answer your questions-

 

I did get a default notice years ago.

I haven't claimed any PPI or default charges as I thought that if I did that I was acknowledging the debt.

The application form they have sent me does not appear to have all the prescribed terms and conditions.

It was a credit card.

I don't have all the paperwork with me now to look at but, in the latest letter from them it doesn't say if they are collecting on behalf of Halifax or if they have bought the debt.

 

One thing I don't understand- The 6 year statute barred replies on you not acknowledging the debt, making a payment or contacting the company involved. But- if I have responded to the threats of the 3 different agencies which have written to me regarding the debt then does that not mean that I have in fact acknowledged it?

 

That's not good. But did she leave the biscuits?

 

No, and she took the key to the cupboard with the tea bags !

 

No, you have not acknowledged by responding to their threatening letters. Unless you have specifically said, I acknowledge liability for this debt, or something along those lines!!

 

If the charges and PPI come to more than the outstanding debt - then you could claim - let them offset and then bank the rest.

 

Or, if they are threatening legal action, then if you have the spread sheets with the money they owe you listed, then you have the ammunition to see them off IYKWIM ?

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

1: How can BCOBS protect you from your Banks unfair treatment

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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what does your cra file say about this debt?

 

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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Well, Ive just tried to get my credit report from the link but after entering all my details and card details it gives me a message saying there is not enough information to compile a credit report for me. God, there must be loads of info somewhere!

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noddle?

 

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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