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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Halifax Credit Card CCA Response


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Hello All,

 

I have received the first response of my request for CCA and would be grateful for your advice and direction as a result.

 

The request was for section 78 and I used the template provided on this site.

 

I have attached a copy of the letter.

 

There was 'No' Signed Statement of Account enclosed.

 

Of the other two stated enclosures Nos 2 & 3 there is no signature and the signature box is empty;

however I am confused as to why they have quoted regulation 3(2)(b).

 

For background the card was originally applied for in approx 2003.

 

If you need enclosures 2 and 3 attaching please let me know.

 

Any guidance is appreciated.

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They need the original CCA plus terms for a card that old

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

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- If you have multiple scans/pictures

please put these into WORD and make a multi page document

.

first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

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3. HOW TO CONVERT YOUR DOCUMENT TO PDF

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- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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- For Example: Default Notice DDicon-MM-YYYY.

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

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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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If you could follow the uploading instructions given by dx please as your image is too tiny.

 

Can you perhaps also give us a little more history on the account.

 

Have you defaulted on the account or are you making minimum or token payments ?

 

Is there any Payment Protection Insurance on the account or default/penalty charges.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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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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Hello All,

 

Hopefully I have now uploaded so it can be viewed clearly.

 

I have had the Credit Card at least since 2003. I wrote to Halifax in Approx 2007 and said I was in financial difficulty and needed to pay them a token payment which I have been since and consequently unable to use the card.

 

I only recently last month checked my credit file and it is not showing as a default for Halifax, all though from memory, I am sure I had letters to say that I had been defaulted in the past. I believe the default has come off my credit file because it has been defaulted over the 6 years.

 

I am confident I never paid any PPI and if so the date for this since I did is also over 6 years.

 

The letter attached that Halifax have replied with says that they have enclosed the Signed Statement of Account - there was 'NO' enclosure titled 'Signed Statement of Account' enclosed, just the second two enclosures. The account was at one stage passed to Blair Oliver and Scott but appears now to be back with Halifax as that is who my statements come from.

 

As mentioned previously the other two enclosures they refer to each contain a past address of mine, but do not contain any dates or signature of mine.

 

It is also confusing that they refer to the Regulation that says they do not need a signature.

 

Greatful for your advice on what I should do next? If the outstanding amount is still enforceable and if I need to stop payments and write to them.

 

Also are they still in a position to apply a CCJ on me?

 

Thank you

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CCA 101,

 

Since April 2007, should a company want to take action against you, a reconstructed agreement would survice. In some instances, they wouldn't even need an agreement, just proof that you had used the account.

 

BEFORE April 2007, any action against you needs to be backed up with THE original agreement, not a copy or a reconstruction, THE original.

 

Now should you ask for an agreement they only have a copy of, they can send you what it would have looked like and they have 'legally' fulfilled their obligation. Unfortunately for them, without the original, they can do sod all except ask you nicely to pay.

 

The ball is now squarely in your court, you can stop paying (My advise), or negociate a reduced settlement (Make sure you do this properly) or carry on paying them (Why would you)

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pers I would not invite letter tennis

 

 

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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pers I would not invite letter tennis

 

 

dx

 

Hi Dx,

 

So would your advice be to just stop paying and ignore or do you think I need to make it clear why I'm stopping payments.

 

What if it was a genuine error that they never included the 'Signed Statement of Account'?

 

Thank you

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they don't need to include a signed statement of account

 

 

they must provide the signed agreement and all the correct T&C's for time ofbirth

 

 

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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dunno wheres the scan of the CCA return?

 

 

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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Post up all of what they sent, they may have complied as far as s78 is concerned

 

if what they have sent is atrue copy of your original agreement

 

No signature is required to comply with s78

 

I would be wary of stopping payments if the account is still with the original creditor

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi,

 

Find attached the remaining docs in the attached PDFs I also now realise what they mean by a signed statement of account.

 

For the two CCAs that have been supplied the first page appears at the back of the document.

 

Advice and assistance appreciated.

 

Thank you

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so no signature anywhere

and unless you signed up online

which haliprats didn't do at that time

 

 

no dice haliprats.

 

 

they'll sell this on soon.

 

 

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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Share on other sites

you certainly never tell anyone what / why you are doing something.

 

I notice you state this was an online account.

 

so you are on 'dodgy' ground if you completely stop all payments.

 

what are you currently paying them?

 

and have they been adding penalty £12 fees?

 

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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DX,

 

This is not an online account - I have asked a number of questions in this thread which have been avoided.

 

I'm now in a position having provided the responses requested but still no forward on how to act and would appreciate advice from any one

 

Thank you in advance

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I do apologies

there was a post that was not your that said online now removed

 

I'm gonna have a re read

 

 

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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Share on other sites

looking the docs that are in those pdf's in post 19

 

they have supplied a recon credit agreement

they have also supplied T&C's for card birthday

and one from later [after 2006 as it shows £12 default fees]

 

on the balance of probs

they have complied with a CCA request

 

now if they or anyone they sell the debt onto

wanted to do court, they'd need your signed agreement

not a recon

 

as at this present stage it is still with the OC

 

I'd p'haps drop the payments to say

 

 

I would not at this stage stop all payments

wait for it to be sold on

 

then CCA again, and if no signed agreement, stop paying the debt buyer

 

haliprats I'm sure will sell this on now.

 

if you write or not to tell them this is your choice

theres no reason too do this

 

but

if you relate to say financial difficulties

and indicate p'haps that you doubt they have an enforceable signed agreement

that will prob do the job.

 

anything else?

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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