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sidley

CCA request 1980's Card ignored? now wescot chasing

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I have sent Halifax a CCA request several times over the past year, which they seem to be ignoring!

 

This card was taken out in the late 1980's

I'm guessing they are having difficulties retrieving any documentation.

 

I have spoken to the Financial Ombudsman and they say they cannot force a company to produce documentation they do not have. If I raise a complaint with them they can only ask the same way I have.

 

They have not sold the account,

they have passed it on to a DCA to manage the account who are now demanding a massive increase in the monthly payments. Without the contract I do not now what my rights are.

 

So, what should I do next?

 

Thanks in anticipation

 

sidley

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Stop paying now. I'd eat my hat if they ever come up with a compliant cca. Tell the dca so.

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What's the story with the card, any periods of non payment towards it ect.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi Maroondevo52,

 

Due to continuing ill health I have been paying £5 p.m. since mid 2011.

Halifax have never asked for any more during that time,

just an annual letter asking me if my circumstances have changed,

all of a sudden Wescot are involved.

 

Letter from Bank says they're just getting someone else to manage the account; it has not been sold so far.

 

I have never missed a payment.

Wescot are demanding that I pay them instead of Halifax - reluctant to do so.

That is why I have cca'd them, but no response to my requests

( and I keep on sending £1.00 postal order as well! Must be down by £5 now.)

 

FoS suggested that I raise a complaint with Halifax, they've ignored that as well!

 

@ gregs07

 

It has passed my mind, but then it would be sold and all the aggro from a DCA (even if they cannot enforce it). Have been advised by CAB to make a ridiculously low offer.

 

Also, since they have not responded to my many CCA requests, I guess this would but the account in 'dispute' ( ie not enforceable).

 

 

But can they still sell an account that's in dispute?

Maybe that's the reason they haven't sold it.

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I have a pile of poo I want to sell but who will buy it?

easier to pay someone £15 to send out a nasty letter and hope it gets a result.

 

 

Wetcloths do a lot of this sort of legwork,

the bank has biasically decided that it isnt worth their while and dont care what their agents say or do to earn a crust.

 

If they dont have the documentation then the debt isnt enforceable anyway.

Either way, you are safe to stop paying even the nominal fiver.

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I've had a response to my Halifax CCA request eventually.

 

In the letter they state

"they will not engage in any further correspondence regarding the CCA".

 

 

They also state that they will hand this account over to a collections agency

(they've already done that - apparently sold it)

if I do not keep up with repayments?

WHAT REPAYMENTS.

 

the cca reponse was a computer (word doc type) of a credit card agreement which they stated was a recon of the original agreement. No dates and wrong address - when I applied for the card I lived at a different address. I don't know if that is relevant?

 

Also the agreement goes on to say about online banking.

When I took out this card, online banking did not exist!

 

 

On the alleged agreement it also says Lloyds Bank

- they were completely separate businesses back then.

So, the agreement is not a copy or true reconstruction of the original.

 

They only sent me the current T&C's as they stated that

"they do not have to supply the original T&C's at inception anymore"?

I haven't checked yet but I'm assuming that the charges and interest will not be the ones from the original agreement.

 

Nothing is signed or dated ( I know for a CCA request a signature is not needed)

but I have no idea what date this agreement came from other than the points I have made above.

 

I want to make an official complaint to them regarding their apparent failure.

Has anyone got any suggestions?

What points should I highlight?

Do I need to mention every fault with it?

 

Thanks in advance

Sidley

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Send wetcloths a CCA.

 

Have you a notice of assignment from Halifax or an introductory letter from wetcloths saying they now own the debt?

 

They know they will need the original CCA to enforce it which they dont have which will be why its now been moved on to a dca.

 

Cant see anyone going anywhere with this imho.


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Hi martin,

 

Thanks for quick response.

 

They apparently sold it to Cabot ( via Marlin Europe V ),

 

I think Wescot were acting as their agent.

 

I cannot remember receiving any notice of assignment from Halifax, just a letter from Cabot asking for money - no actual assignment.

 

Halifax still thinks they own it or it could be an admin. error (ie they haven't bothered to see if they still own it!)

 

Sent a letter off to Halifax (rec del) asking if they have sold it to Cabot - no reply. Repeated letter 2 months later - no reply.

 

Just thought, should a CCA request inc. a notice of assignment?

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Only if it has been sold on to a dca, not if a dca is merely acting a collection agent for the original creditor.


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Seems to be that Halifax have been unabke to find the original agreement and have sold it on as a lemon that cant be enforced.

As advised, CCA the dca who is chasing you and cease paying anymore until they find the agreement ir issue a claimform, if they do the latter, pip back and we can deal with that also.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi martin,

 

Thanks a million for your help.

I will CCA Cabots and see what happens.

 

Interesting that the letter from Halifax(HBOS) seems to think they still own it?

Could be a standard template letter and no-one has bothered to check it.

 

Cheers

sidley

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Seems theres a lot in the letter from Halifax that hasnt been properly checked!!


PLEASE HELP US TO KEEP THIS SITE RUNNING

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Martin,

 

Yes they state in the letter that they no longer need to provide the original terms and Conditions. They only sent the current T&C's. Are they hoping I'm not going to question it?

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Yes they think you have no knowledge of your rights.

Sadly for them you found cag!

 

They know full well that they have to supply a true copy of the executed agreement containing all if the prescribed terms and the t&c's from when it was issued as it was pre April 2007.


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Thanks Martin,

 

I will send CCA request to Cabot, and will let CAG know what I get.

 

Cheers again.

 

sidley

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Hi All,

 

Just received this in the post this morning from Halifax. An Application form 50/50 legible - I will post the 3 pages when I have chance to redact it.

 

And this last page, again some of which is barely legible. It also refers to " please also see conditions 15 and 19 in the Halifax Credit Card Conditions leaflet" which, as I have said, they have not sent.

 

One page of the application form is so badly photocopied that one half looks as though the print fades away (right side of the page).

 

What should I do now? I have sent the letter to Cabot as mentioned in my last post.

 

Thanks in advance.

 

sidley

Halifax T C.pdf

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Thats part of the terms and conditions, where are the other 2 pages they sent, easier if you create a multi page pdf and upload in one go


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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IMO, I'd stop paying, you're being cash cowed royally here!

 

What does your credit file say?

 

You've sent them a CCA request, and the OC has failed to produce an enforceable one, a recon won't cut the mustard, they need the original in court to enforce.

 

Keep poking them and they'll magic up any rubbish to con you.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Bazooka & Martin,

 

I'll scan the other 3 pages and redact them tomorrow.

 

@ Bazooka - do they really need the original one in court? I thought a recon one would do as long as it is accurate etc.

 

Credit file shows nothing about this account.

 

A million thanks again.

 

sidley

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I agree with BB

I would stop paying and if anyone writes to you just reply with a written

'I sent a lawfull s78 request on xxxxxx, to date Halifax have failed to comply. Therefore as per s78(6) the account is unenforceable. Any further communication that does not resolve the dispute will be deemed as harassment '

 

Just one thought and it is beyond my knowledge, the current laws relate to a fixed date in the 1980's , I think may be 1985. I do not know if that makes a difference.

 

Sidley

They do not necessarily need the original in court if an accurate recon can be produced but I think you would have a strong defence if they have now sent you the application form.


Any opinion I give is from personal experience .

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An agreement signed prior to april 2007 must be a true copy of the original

 

An agreement signed after april 2007 can be reconstituted

 

See carey v hsbc 2009


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Sorry fletch, what laws in the 1980's are you referring to.

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@ martin,

 

Maybe being thick here, but what is the difference between a true copy and a reconstituted one?

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A true copy must be just, a photocopy if you like of the actual agreement, a recon can be a re made version of it


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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@ martin,

 

Isn't an application form a true copy? Even though it doesn't contain much in the way of an agreement?

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