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Halifax Loan - CCA or DPA Request Letter??


lost24
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Hi I have a loan with the above which was due to finish last year, I am on a DMP and as it was up for its annual review & I had to write to my creditors to ensure payments were received & get an uptodate balance.

 

Halifax are being difficult - I first wrote to them on 1st June 2007 and todate have not received an adequate reply - they kept sending an automated letter whcih had 2 amounts on it totalling more than I actually owe so I wrote asking for clarification.

 

Their reply asked for a large amount of oney within 28 days or they would issue a DN against my credit file.

 

Which letter can I send can which gives them the least time to reply, and the balance of my account. I think it may be CCA request but am unsure - if anyone knows could they post a link??

 

Thanks,

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I think this one may be suitable remember not to hand sign it and send via guaranteed delivery.....

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi thanks 42man!

 

Two questions though

 

1) Why shouldn't I sign it?

2) The debt is being paid by my DMP direct to Halifax, no DCA involved - shall I just delete the referring paragraph?

 

Thanks

 

Just a very cautious precaution.....not signing it....and yes modify it to read without the collection part.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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How about this: -

 

I am presently striving to organise my personal information and despite having sent 6 request letters you have not responded with the requested information..

 

Please therefore supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Again, this is you will appreciate a statutory obligation under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within 12 working days.

What do you think?

 

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Have amended it as follows: -

 

Regarding the above mentioned account, I hereby formally request under the Consumer Credit Act 1974 you provide me with copy of the alleged agreement and a statement of account to date substantiate your data.

Please therefore supply me with a true copy of the original agreement, and a statement of account.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

This is a statutory obligation under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to receipt of the above items within 12 working days.

 

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