Fred Bassett v Halifax

[babydoll0141917]

Hi Babydoll, it's a similar story for me, except that I had Moorcroft, Wescot, then iQor. They all gave up in the end.

 

Regards.

 

Fred

 

Hi Fred ..Is this just a file under ignore..Or do we respond ??

[Fred Bassett]

Hi Babydoll, personally I tend to respond if only to tell them to get lost. I'll just refer them to previous correspondence and see what happens.

 

Regards.

 

Fred

[babydoll0141917]

Hi Babydoll, personally I tend to respond if only to tell them to get lost. I'll just refer them to previous correspondence and see what happens.

 

Regards.

 

Fred

 

 

Thanks fred will do the same

 

BD

[sam tyler]

Hi Fred

 

If it's ok I'd like to join your group of Halifax rebels, I have had a similar story to most of you guys.

 

I have received 2 different copies of my application form, one is somehow signed by by partner who never knew I even had the credit card (yet we did have a joint account with Halifax) the other is signed only by myself. The 2 copies are supposed to be the exact same document.

 

There are no prescribed terms and conditions on either document.

 

I have been through Blair Oliver and Scott, then Capquest and now Wescot all of whom have stated that Halifax have told them my agreement is legally binding as it stands.

 

In total £5,700 is owing on this account so I am suprised none of them have gone to court, to make matters worse I am a home owner which is of some concern. I wouldn't mind but I was claiming Job seekers allowance at the time of the credit card and then they also gave me a loan (which I struggled to pay back) but it left me unable to make the card payments as well.

 

How far this will go I'm not sure, but Capquest were offering me to make a full and final settlement at a lower amount. Now that Wescot are involved who knows.

 

 

 

Here's my story for anyone that's interested.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?187181-Halifax-Final-Decision-letter-received-please-Help&p=3114114&highlight=#post3114114

Edited September 5, 2010 by sam tyler

[Fred Bassett]

Hi Sam,

 

I read your thread with a great deal of interest this morning - your experience is very similar to mine. Happily, the result for Halifax is also very similar! As far as you being a home owner is concerned, don't worry too much about this. The threat to get a charging order is very dramatic but also just that - a threat. For this to happen, they would have to take you to court, win, then for you to default on the court order - all of which is unlikely. Also, is your property on a joint mortgage? If so, have a read of this: http://forums.moneysavingexpert.com/showthread.php?t=1839539&highlight=charging+orders+the+myth - it will put your mind at rest.

 

Regards.

 

Fred

[sam tyler]

very interesting reading Fred, the debt is in my name only and our property is indeed in joint names with my partner.

 

With all the threats I've heard about obtaining a charging order which will accrue interest, forthwith judgements and the like, I have been extremely concerned about losing our property.

[Fred Bassett]

Hi Sam, like you, I am beginning to discover quite how much smoke and mirrors is involved in this process. The DCAs' houses are built on sand. Their only hope is to lie, threaten, bully and hope that the victim does not find sites like this one. They have got away with this for years, but not any more.

 

Regards.

 

Fred

[Fred Bassett]

Hi Sam, another interesting thread has just popped up on the subject of charging orders: http://www.consumeractiongroup.co.uk/forum/showthread.php?274297-Restons-have-applied-to-court-for-a-restriction-against-our-home!!!!!!!!

 

Regards.

 

Fred

[Fred Bassett]

Iqor have been making pests of themselves on this account and today I got this letter: I'm going to write to Incasso telling them to get stuffed but before I do I have a question: Are Iqor allowed to initiate legal proceedings? I thought that only the original creditor could do this.

 

Regards.

 

Fred

[Fred Bassett]

bump.

[reallymadwoman]

Are Iqor allowed to initiate legal proceedings? I thought that only the original creditor could do this.

 

Regards.

 

Fred

 

It depends on whether the account has been assigned to them or if they're just acting as agents. If they've been absolutely assigned the account they can start proceedings, otherwise it has to be done in the name of the OC.

[Fred Bassett]

Thanks RMW. IQor haven't been assigned the debt, they are just dealing with it on behalf of Halifax - so I presume that they can't start legal proceedings. Have Incasso done anything wrong here?

 

Regards.

 

Fred

[Lord_Alcohol]

Thanks RMW. IQor haven't been assigned the debt, they are just dealing with it on behalf of Halifax - so I presume that they can't start legal proceedings. Have Incasso done anything wrong here?

 

Regards.

 

Fred

 

Hi Fred

 

I am in a similar situation with the Halifax, who I believe are utterly out-of-control and are clutching at straws.

 

Like you, they sent me a regurgitated "copy" of an agreement, which they insisted was a copy of the lawfully executed agreement (which I signed in 1996). However, that "copy" was in fact a copy of the last card carrier received 11 years later and to which a replacement card was attached, the Halifax clearly trying to get me to accept that each card carrier is a new consumer credit agreement (it is not).

 

Their solicitors, for a reason I do not know, then sent me a photocopy of the original application form which the Halifax used as the credit agreement, proving that no lawfully executed agreement exists.

 

I therefore have proof that the Halifax have attempted to convince me that there is a properly executed credit agreement in place when there is not, and this is a criminal offence under Regulation 5 of the Consumer Protection from Unfair Trading Regs 2008. It would be worthwhile seeing if the Halifax have acted with as much criminal intent with your case as they have with mine, and I use the word intent deliberately as there is very little doubt that the Halifax/BoS are doing this to convince those of their erstwhile customers that they are bound by properly executed agreements but knowing full well that they are not.

 

As for Incassole, I would write and ask on what basis they make their claim. You have yet to see a lawfully binding agreement, the Halifax have removed themselves from entitlement to sums unpaid due to their breach of s88, and you still await a proper response to your complaint that DPA 1999 was violated. As they are regulated by the SRA, unlike some cowboy agencies, then it's worth looking at the SRA's code of conduct to check they are dealing with you properly.

 

http://www.sra.org.uk/rules/

 

LA

[smarties21]

Thanks for your reply to my post, Fred. I appreciate it!

 

I'm subbing to this, I'd like to know how it all turns out for you since at present we're both dealing with Incasso (on behalf of iQor, on behalf of Halifax... seems to be a pattern!). Not only that but I love reading your replies to the DCAs!

[babydoll0141917]

Im in the same boat to ..but not with INCASSO YET!! still with Iqor who are disappointed that i havent contacted them yet with a payment proposal

[babydoll0141917]

Ive now had a letter from geoffery bourne solictors working on behalf of Iqor,,who are working on behalf on haliprats..looks like they use these too as well as incasso ..letter states it is likely they wil be instructed to l issue proceedings in 10 days if i havent made any proposal to pay them..Halifax still the owners..shall i ignore or send dispute letter ??

[Fred Bassett]

Personally I like to reply, but not everyone agrees. I think it's best so that you can then show that you haven't ignored them.

 

Regards.

 

Fred

[reallymadwoman]

Ditto. Each new DCA gets one letter, recorded delivery, saying the account is in dispute and I won't enter into any further correspondence.

[Lord_Alcohol]

(oops, wrong thread. Sorry!)

[tosh1]

Hi Fred

 

Any more news on this?

 

TOSH1

[Fred Bassett]

Hi Fred

 

Any more news on this?

 

TOSH1

 

No Tosh, nothing since last year. It's all bluster from them to be honest.

 

Regards.

 

Fred

[Fred Bassett]

Update on this thread.

 

 

I didn't pay them a penny and it's been statute barred for well over a year now.

 

 

Fred

[Falcokeith]

Great news, well done

[sam tyler]

Update on this thread.

 

 

I didn't pay them a penny and it's been statute barred for well over a year now.

 

 

Fred

 

 

Congratulations mate,

 

I followed your thread as I was in a similar situation to you and I'm pleased to report that my two accounts (one with Halifax) both joined the ranks of the statute barred in November last year.

 

Just got one case left now with Lowell who are threatening all manner of things as usual, however that agreement has no prescribed terms either and will be SB in about 2 years so hopefully it will go the same way

[Fred Bassett]

Great news, well done

 

Thanks.