SD from lowells etc - old halifax card, terminated before DN expiry - help

[babydoll0141917]

Hi

 

if it was the real agreement i think halifax would of tryed to get a CCJ on me ..wether i have any assets ,a home or not by now!! by them passing from 1 DCA to another shows they dont want to chance there luck in court..i would quite gladly pay them what i could afford if they could prove that the CCa they sent was enforcable..I even asked them if i could view the original at my local branch..surprize surprize they didnt answer

[Indebt1]

they are breathing down my back now, i am 3 months late!

do i tell them that the CCA looked doctored to me and refuse to pay or do i negotiate with them based on financial hardships and get them to freeze intrest and pay a small amount monthly?

what to do?

[Fingers60]

Hey Indebt

 

I am still waiting for advice on how to challenge mine.

If i didndt need to consider my credit record short term I would have stopped my payments like you. Would i offer them anything ? No!

As i said when i get the advice i will post it on here for you.

 

F

[Fingers60]

Yes and I would write to them as you need to keep the audit trail going.

As for the content of the letter babydoll has given a number of the key points...i havent challenged them yet by letter ..i will ..but i am getting legal opinion first. I will of course update.

[Indebt1]

so should the letter state as the cca seems dubious i am disputing the account?

[Fingers60]

Hey

 

Yes you would state the account remains in dispute and you would challenge them on all the key points that render your credit agreement improperly executed.

 

As I said I am having mine looked at shortly to get legal opinion on it..the process has been somewhat annoyingly delayed but when I get the opinion on mine I will of course let you know.

 

Fingers

[Fingers60]

nice hbos story in press today to keep our spirits up !!!!

 

Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off.

 

 

 

 

Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland.

Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specific information.

Le Vell says: “This is another victory for the consumer. “Although Bank of Scotland gave up its fight and agreed to write off his debt, amazingly they refused to pay his costs.

“However, as a final blow to the lender, Judge Langan ruled that the bank needed to pay all the costs in full and said that the bank didn’t fight the case because it feared highlighting failings and opening the floodgates to further claims.”

Ratio Money successfully highlighted that the man's credit card application didn’t contain the prescribed terms and conditions – and therefore didn’t comply with the Consumer Credit Act.

Bank of Scotland argued that the terms and conditions had been given as a separate document when he applied for the card at the Wetherby branch of Halifax, but he denies ever receiving them. However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms.

[Indebt1]

Hey Fingers

They had a QC a major advantage when walking into court.

I reall need to write to halifax as the pressure is really on now the only question is how do i word it?

Hey guys this t and c's are copied and pasted i'm disgusted by you? i want to come and view the real one?

its driving me crazy now.

[Indebt1]

have recieved letter stating someone is coming tommorow from collections, anyone have any direction for me?

do i write a new letter stating that i am disputing this cca and request to view the original?

[Spamalot]

With reference to the doorstep collector type up and send this letter to the Halifax.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Then type another copy and keep it by the front door ready to give to the 'Visitor' whilst saying.. "This account is in dispute" just before you slam the door in his face.

[caro]

Can you give a bit more info on what the letter says. Who is coming and what are they hoping to get from you?

[Spamalot]

Hiya,

 

Is it worth asking Halifax to view and inspect your agreement at your local branch as you're not completely convinced by what they've sent you. It's your agreement so you have a right to see it!

 

If they've got nothing to hide why would they refuse?

 

They obviously have it avilable as they've sent you a copy.

 

Just a thought.

 

Spam.

[Indebt1]

HI Spam

 

thanks for that.

the note says as follows:

Important notice, our representative will be calling at your home on the 16th June if this is not convenient pls call 0845.......

thats it.

is there any1 here that can look at the cca to see if its enforcable although i will be very suprised if not, i would assume that there copy and paste dept got it right.

Do i need to write them a letter stating that the account is in dispute due to the fact that the cca does not look genuine and i would like to inspect at a local branch?

if they ignore or refuse what next?

[Spamalot]

Hi,

 

With regards to phoning Halifax, so far they have always been reasonable with me and I've not had any visits but then I haven't challenged them yet.. It's on my to do list .

 

Perhaps explain that you are not happy with what you have received and the account will be in dispute until you are allowed to inspect the original.

 

I really would try and see if you could view the original agreement if only to put your mind at rest that it's 'kosher'

 

I don't know enough about whether it's enforceable or not cause I've yet to see one that I've requested .I know there are those that can on this forum but it's a matter of catching them online.

 

I will keep an eye out and try and point them in your direction.

 

Spam.

[steven4064]

Hi indebt1

 

Spamalot asked whether the agrement in posts 28 and 29 is enforceable. One page has your signature and the other has the prescribed terms. To be enforceable, both need to be in the same document.

 

I believe if it came before a court, the court would decide whether the two pages belong to the same document on a balance of probabilities argument. You need to convince yourself and then come up with a reasonable argument as to why they cannot be part of the same document for it to be unenforceable.

 

To me, they seem to be different sizes of paper - the bit with the siganture is obviously A4 but the other bit seems more square, possibly folded in 3.

Edited June 14, 2009 by steven4064

[Indebt1]

Hi Steven

 

Would you suggest sending a letter to Halifax stating that the cca looks dubious and requesting to see it at a local branch and insisiting that the account is in dispute untill this is done?

thanks for your help.

[steven4064]

You could try - I've not heard of that being done before

[Indebt1]

So what would you rather do in my place at this stage when Halifax has sent this dubious cca?

[pinky1977]

Hiya

 

when i asked to view the orginal agreement in a local branch because it wasnt readable the copy they sent ,halifax didnt reply and ive now got blair on the case threatning court action

 

hope you get a better response

 

pinky

[babydoll0141917]

Hi

I also asked to view mine 6 mths ago ...they totally ignore the question ( i Wonder Why) lol..Has been passed to many DCAs the last being robbers way..They passed it back to haliprats..Not a word since

[Indebt1]

in my position what to do?

Is the CCA enforcable or not?

my next move is what?

[Spamalot]

Hi Indebt,

I think the only other option is this,

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195898-cpr-strategy-important-success.html

 

But I stand to be corrected.

 

How did the doorstep visit go?

 

Spam.

 

I just discovered a small discussion that went on in my link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204302-spam-getting-grips-halifax-2.html#post2229821

 

In my abscence last night but unfortunately it wasn't conclusive!

Edited June 16, 2009 by Spamalot
Adding Info

[Indebt1]

HI Spam

 

No note in the door, i was at work all day so maybe yes maybe not:).

For the CPR strategy do i start paying them again in the meantime?

or do i get them to freeze interest and reduce payments on my account based on financials and then persue this strategy?

[Indebt1]

"claim has been brought against you and the other side have pleaded that there was an agreement then you can ask for it under 31.14 and dont forget the right to inspection AT the premises of the creditor,"

 

is this really within your rights and at what point can this be requested?

were can i find this out? i mean if this was legal fact i could dispute the account untill i can view this at their premises?

[Spamalot]

HI Spam

 

No note in the door, i was at work all day so maybe yes maybe not:).

For the CPR strategy do i start paying them again in the meantime?

or do i get them to freeze interest and reduce payments on my account based on financials and then persue this strategy?

 

For peace of mind you may wish to do this...

send them an I&E budget sheet and in the meantime carry on with your quest for the original CA... It might buy you some time and keep them off your back while you sort things out.

 

It depends how strongly you feel about things. ;-)

 

Spam.