old halifax loan - NO CCA found

[greenk04]

the only one I am keeping paying is blair oliver and scott as I do get statements every 6 months from halifax for but i do think there must be charges etc so if they have a cca then I am going to do a sar to see whats on it. If they have no caa then even better no pay!!! I'm actually starting to feel quiet good about all of this thanks to cag. Cant believe I have paid them all for so long though:|

[Bazooka Boo]

Blair Oliver & Snot IS Halifax, Bank of Scotland, so it's still in house.

[greenk04]

Hi guys need some advise please.

I have today received a letter from halifax saying

 

you have requested a copy of your agreement at present we are unable to locate it. However our process have always been to obtain a signed credit agreement before granting any credit facility. As such we believe that the agreement if still open was validly executed and the agreement remains enforceable.However please be aware that section 77 only applies during the lifetime of an agreement. If your account has been closed, then there will no longer be a regulated agreement between us.

 

This was a loan that was taken out in 1998 and did get defaulted on. It isn't showing on my credit file either.

 

Does this letter mean it is actually unenforceable I dont really understand it. I do get a statement every so often from the but the halifax address is always different and the letter I received today isnt even actually straight on the page its all wonky? I also sent them a £1 cheque which I havent received back.

What would my next step please.

 

Thanks for any help.

[BRIGADIER2JCS]

Ok you have been paying BOS for this for how long?

The default will have been removed from CRA files after 6 years paid or not, although it cannot be statute barred because you have been making payment but the creditor would have serious trouble in starting any action throughb the courts a no action should be taken after 6 years.

 

It is entirely up to you if you stop making payments and place the account in dispute due to the lack of the CCA.

[greenk04]

Yes been paying them for many years. I also asked for a sar at the same time as I am convinced there must be lots of charges and maybe ppi they failed to answer to any of this too! I think I may continue to pay £1 instead of £20 and place it in dispute any ideas?

[dx100uk]

yes def

 

are you saying they have sid there is no SAR info to be had too?

 

dx

[greenk04]

I asked for it at the same time but they have just ignored it!

[dx100uk]

so has the money been cashed?

 

dx

[greenk04]

No but not returned either . They have just kept it. Its not signed by me though!!

[citizenB]

You say you asked for the SAR at the same time as the agreement..

 

Did you specifially send a Subject Access Request and enclose £10.00 ?

 

If you believe there are lots of charges and mis sold PPI - then you must do a proper SAR.

[greenk04]

Hi quick update halifax have cashed the cheque foe the cca yet they sent the letter saying they didnt have it.Am going to send another SAR later so see what comes back. What do I do about the fact they have cashed the cheque for the cca?

Thanks

[BRIGADIER2JCS]

Ok send the account in dispute letter from the CAG library amended to state that the fee cheque has been cashed even though they have failed to provide.

My feeling is that they may come back with a statement that the £1 fee covers them ''looking'' for the CCA.

[greenk04]

hi quick update sent sar and cheque off havent received any reply they have signed for the letter but not cashed the cheque. I also sent the account in dispute letter and have dropped payment to £1 per month. What is my next move as I do want the paperwork as am convinced it must have ppi on?

 

Thanks for your help

[dx100uk]

await the sar return

 

dx

[citizenB]

They have 40 calendar days to comply with the SAR request - when was it signed for ?

 

Make sure you print off a copy of the receipt/signature from the RM website - if you have to issue a claim or make a complaint to the Information Commissioner that is proof it was received and when.

[greenk04]

quick update

 

I have had a letter from halifax saying they dont have the cca but its still enforceable as I wouldnt of got the loan without it!!

 

Their complaints department have also said the same thing.

 

They still havent responded to my sar and have asked if I still wanted it! Erm yes please...

 

I have written another letter saying unless I receive the cca and the sar by 30th Jan 2013

I will be seeking advice from the financial ombudsman.

 

Is this correct though for halifax to say the loan is still enforceable.

 

I have also stated that until I get the things I have requested I will only pay £1 per month.

Please advise.

Thanks

[dx100uk]

prove it halicrap!!

 

dx

[citizenB]

quick update

 

I have had a letter from halifax saying they dont have the cca but its still enforceable as I wouldnt of got the loan without it!!

 

Their complaints department have also said the same thing.

 

They still havent responded to my sar and have asked if I still wanted it! Erm yes please...

 

I have written another letter saying unless I receive the cca and the sar by 30th Jan 2013

I will be seeking advice from the financial ombudsman.

 

Is this correct though for halifax to say the loan is still enforceable.

 

I have also stated that until I get the things I have requested I will only pay £1 per month.

Please advise.

Thanks

 

Oh dear, what a lot of rubbish.. As it has been proved many times - in court - that Halifax might have obtained signatures - the documents themselves were not compliant with Consumer Protection laws at the time.

[greenk04]

hi yet another update

 

spoke to someone in the complaints department as they still haven't sorted my SAR out.

 

They reopened my case sent me £70 for my inconvenience!

 

Today I have received a letter saying the the documentation I have requested has been removed from their system.

 

It guess it must be the CCA they are talking about as they previously told they didn't have it.

 

Where do I stand with this

 

do I send a dispute letter to Halifax direct.

(I have bypassed Blair Oliver scott as they are useless).

 

I have pp all the forms in name as loan was in hubby's so they cant scan his signature anywhere.

 

I feel as if we just go around in circles!

 

I have been given a different address to ask for the SAR which I am unsure to do or to just leave things alone. Please advise.

 

Thank you

[dx100uk]

it wouldn't hurt as there might be ppi to get back

 

 

dx