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Halifax Credit Card - son's debt - gave him £1000 limit instantly!!


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Good morning friends

 

I have prepared a CCA letter on behalf of my 19 year old son who is now being chased by Halifax Credit Card.

 

He applied for the card on line, never signed any paperwork, and was immediately given a credit limit of £1000 :o

 

It never ceases to amaze me how these banks just hand out credit willy nilly to young people. He thought he would "give it a try", and was amazed to be given the credit facility immediately after a couple of clicks on line! OK he should not have done it BUT neither should the Halifax be so eager to dole out credit right left and centre to youngsters IMO :mad:

 

They are making the usual threats in their letter, DCA/Bailiffs/Attachment of Earnings Order ( he is not earning at the moment)/Court proceedings etc.

 

I was just curious if anyone knows already from their own experience with on line applications - as he didn't sign for this at all, just clicked on line, will the Halifax have a leg to stand on?

 

Spiritgirl :)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hiya Ben

 

Thanks for that. No I wasn't aware of this at all.

 

It'll be interesting to see what document they come back with now and I will post back again when my son receives anything.

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 2 weeks later...

Hi again friends

 

Halifax have written back to my son saying that they will obtain a copy of the CCA Agreement as soon as possible, but in the meantime they apologise for any inconvenience caused.

 

The clock is ticking....;)

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 4 weeks later...

:mad: My son has just informed me that he has received 2 letters from Robinson Way & Co who intend to start legal proceedings against him tomorrow. This despite the fact that the Halifax wrote to say they were "looking into the matter" following his CCA request.

 

He heard no more from the Halifax and they defaulted on the CCA on 18th July and will be in criminal offence territory on 17th August. They have passed this account to Robinson Way whilst it is in dispute.

 

My son phoned Robinson Way up to advise them that this account is in dispute and they responded by saying that their Solicitors "will get round this" when they issue court proceedings :-x

 

I have drafted the following letter to Robinson Way - what do you think? Would you word anything differently???

 

Love Spiritgirl x

 

Dear Sirs

 

THIS ACCOUNT IS IN DISPUTE

Your Ref:

 

 

I refer to your letters dated _ and _ respectively, and my telephone conversation with a member of your staff today.

 

You should be aware that I am in correspondence with the Halifax plc, the original Creditor, directly regarding this account which is in dispute.

 

In my letter of 6th July 2007 to the Halifax plc I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act.

 

I enclose a copy of my letter to the Halifax plc for your records.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before the Creditor enters into a default situation. If the request is not satisfied after a further 30 calendar days, a criminal offence is commited.

 

The first time limit expired on 18th July 2007 at which time the Halifax plc was in default. On 17th August 2007 the Halifax will have committed an offence by not providing me with the information I requested.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

 

As I am sure you are no doubt aware, whilst this account is in dispute any debt collection agency and/or the original creditor have no lawful right to pursue me further.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I will show the Court that you are unlawfully pursuing me for this alleged debt and hence wasting the court’s valuable time and resources in commencing proceedings on a disputed account.

 

I am familiar with section 40 of the Administration of justice act and also with the OFT Debt collection Guidance.

 

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests. Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

Yours faithfully

 

 

 

 

 

 

 

 

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Robinson Way's Solicitors have written to say they now intend to start legal proceedings against my son.

 

They have totally ignored the previous letter my son sent to them (see above) and have also ignored the fact that Halifax have now not only defaulted on the CCA request but have committed an offence, and NO agreement has been forthcoming.

 

My son wants his day in court, and I can't say I blame him. RW have made a huge mistake passing this to their Solicitors, and my son has all the proof he needs that he has approached this in the right way, and been totally ignored :evil:

 

I'll keep you posted as to what happens.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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RW have made a huge mistake passing this to their Solicitors
ROTFL!! & PMSL as well!! Their solicitor is the girl at the next desk!!

 

Check the Law Society website... There are 0 solicitors listed at their address!

 

Have you read my Robinson, Way thread?

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

They know the law very well they'll try anything.

 

s78(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Regards, Dave.

  • Haha 1

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Dave

 

I've just been reading your thread LOL - what an inspiration you are to us all!!

 

You've certainly made me feel less concerned about RW and their antics now!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 3 weeks later...

Hiya friends

 

Robinson Way it seems have given up the ghost since my last letter to them ! :)

 

This account has now been passed to Halifax's Solicitors, Horwich Farrelly, who have now written demanding payment in full and enclosing what they say is the "documentation in respect of the creditor's claim".

 

Could someone please take a look and tell me if they think this is a properly executed CCA agreement. Its not signed (by the Halifax) or dated (by the Halifax) as you will see, and they have sent pages 3 and 8 but not the rest. However the APR is showing. Anyhow over to you guys....please let me know so I can take the next step.

 

Thanks

Love Spiritgirl ;)

 

Halifaxcreditcard2001.jpg

 

Halifaxcreditcard1001.jpg

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hiya friends

 

Please may I bump this post up?

 

Can someone confirm to me whether this is acceptable as a properly executed agreement please?

 

Many thanks:)

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi Spirit,

 

you picked the right moment to PM me, I've got all my copies of the CCA 1974 and relevant SI's open as I'm weighing up something for myself

 

Anyways.............

 

You say they havent signed it

 

Well, for a start that makes it impropertly executed under Section 61(1)(a) so they would need a court order to enforce it - this alone would give you the window to require them to produce the original agreement as signed by you with your ORIGINAL signature (I'd be VERY suprised)

 

The rest of my info I will PM to you as we dont want to let the mIB know it all now, do we?

  • Haha 1

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Just a quickie to thank ncf for his help with this, and to say a letter is going off to the solicitors telling them in no uncertain terms that what they have provided by way of an "agreement" is unenforceable for various reasons, not least of which is that the OC has not even signed it!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 1 month later...

Hiya friends

 

Little update:-

 

Well its going round the houses! Robinscum Way, Horwich Farrelly, and now Westcot...

 

It seems the HF have given up the chase since my letter in September, and now passed this to Westcot who have sent a snotty "Notice of Collection" :rolleyes:

 

Letter going off today informing them of the breach of the CCA request by the OC way back in spring - that the account is therefore in dispute etc., etc., -and (politely) advising them to please crawl back under the rock from whence they came! :p

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Try this one on for size:

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy

Be VERY careful whose advice you listen too

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Curlyben I like it and will enjoy using it :D

 

Thank you so much.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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While you should certainly tell Westcott to go forth in no uncertain terms you should also write to Halifax and tell them what you think of them. They are after all the original creditor and there has been no suggestion in your posts that Halifax have sold this debt onto these parasites. As such they are farming this out to their chosen debt collectors - you'll get Mackenzie Hall next! - and are equally responsible for the actions of their agents.

 

While I may be tempted to be sarcastic and cutting perhaps it would be better just to point out how miffed you are at their actions and ask for details of their complaints procedure. Make that complaint and if you are unhappy at how Halifax try to resolve it put in a formal complaint about the actions of all concerned to the Financial Ombudsman. The way things are going that will be early next year.

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  • 11 months later...

Well here we are nearly a year later and this disputed account has now been passed to 1st Crudit, whose Solicitors LCS are threatening legal action.

 

They have again supplied a copy of an application form as posted up earlier in this thread.

 

I have written a foxtrot oscar letter to 1st Crudit since LCS refuse to accept any correspondence :roll:

 

Further letter of complaint going off to the Halifax as well :evil:

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Did this ever get referred to the Financial Ombudsman?

 

If not, now might be the time, as Halifax have surely committed enough misdemeanours now for them to look at the case.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Hi SH

 

No its not been referred on yet, to be truthful I have found the F.O. to be a total waste of time and not worth the effort, I've contacted them in the past about another issue and after all my hard work in making sure they had the correct information/extensive paperwork etc., they simply did not want to know :(

 

I've found it best to fight the DCAs alone so far (with the great help of CAG of course :))

 

SG

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • dx100uk changed the title to Halifax Credit Card - son's debt - gave him £1000 limit instantly!!
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