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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      okay, perfect and thank you so much for the help once again. so firstly i am going to initiate the breathing space, during this time it's likely ill receive a default. when i receive the default are you aware of how long it will take for me to know whether the OC have sold it off to DCAs? Once it's with the DCAs i do not need to worry as they cannot issue a CCJ only the OCs can Even if i decide to come an arrangement with the DCAs no point as the default will remain for 6 years paid or not paid I should only consider repayment if the OC still won the debt and then issue a CCJ? Just to confirm the default will not be seen after 6 years? No one can tell I had one then after 6 years ill be all good?
    • Alfy
      Ovo Energy Bill is way too high - faulty smart meter

      By Alfy · Posted

      I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Fred Bassett v Halifax

Fred Bassett
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Fred Bassett

Fred Bassett

Posted
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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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  • 4 weeks later...
sam tyler

sam tyler

Posted
Posted (edited)

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 by sam tyler
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Fred Bassett

Fred Bassett

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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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sam tyler

sam tyler

Posted
Posted

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.

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Fred Bassett

Fred Bassett

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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred Bassett

Fred Bassett

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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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  • 1 month later...
Fred Bassett

Fred Bassett

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Iqor have been making pests of themselves on this account and today I got this letter: Incasso1.jpg 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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred Bassett

Fred Bassett

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bump.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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reallymadwoman

reallymadwoman

Posted
Posted
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.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Fred Bassett

Fred Bassett

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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Lord_Alcohol

Lord_Alcohol

Posted
Posted
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

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smarties21

smarties21

Posted
Posted

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!

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babydoll0141917

babydoll0141917

Posted
Posted

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 ??

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Fred Bassett

Fred Bassett

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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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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  • 9 months later...
Fred Bassett

Fred Bassett

Posted
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Posted
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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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  • 3 years later...
Fred Bassett

Fred Bassett

Posted
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Update on this thread.

 

 

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

 

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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sam tyler

sam tyler

Posted
Posted
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

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Fred Bassett

Fred Bassett

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Great news, well done

 

Thanks.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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