Help no response for copy of credit agrement

[pford]

no response to my request for a copy of the credit agrement sent that on the 11 july. so what do i do next. lol they even credit the £1 fee to my visa

 

Dear Sir/Madam

 

Re:− Account/Reference Number ********************

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of am credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

[dolly]

As 12 days have passed it is now unenforceable.

 

Very good thread on it here

[pford]

Thanks Dolly that’s answered alot of my questions, spent a couple of days trying to get some info on this subject that thread helps loads.

[pford]

As there time is now up on this. I’ve just had a phone call asking why i have stopped paying them; well on the 11th July 2006 i requested a true copy of my credit agreement which you have failed to supply. Thinking of sending them this if it looks ok.

Dear Sir/Madam

Re:− Account/Reference Number **********************

I wrote to you on 11 July 2006, requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 in the form of a cheque (cheque number 000659) which was credited to the above account on the 19 July 2006.

I have not been provided with a signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request.

 

I do not acknowledge any debt to Halifax Credit Card Services.

 

I will no longer be making payments against this "debt" as it is unenforceable. I now believe that Halifax Credit Card Services may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

This will result in a report being submitted to the relevant statutory authorities.

Yours faithfully

[pford]

thought about it a bit going to send this instead

 

 

Dear Sir/Madam

 

Re:- Account/Reference Number **********************

 

Further to my telephone conservation which took place on the 29th August 2006 at 18:06 from 0870 850 3492 with one of your associates requesting payment against this debt and why I hadn’t made a payment in August 2006. I attempted to point out to him that I had taken the actions mentioned below; unfortunately your associate ignored me on this and kept insisting that I had to make the payment and he also demanded to know why I insisted on having a copy of the said agreement. I tried to explain to him that on the 7th July 2006 I received a telephone call from another one of your associates demanding full repayment of the outstanding arrears, when I pointed out that this just was not possible due to my financial situation, she asked me if it was possible to BORROW the money from family and friends to settle the outstanding arrears, your associate countered that this wasn’t something that you did and when he kept on demanding why I had requested a copy of my agreement with your company I had no alternative but to put the telephone down.

 

I wrote to you on 11th July 2006, requesting a true copy of the signed agreement under the terms of Sections 77(1) and 78(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 in the form of a cheque (cheque number 000659) which was credited to the above account on the 19th July 2006.

I have not been provided with a signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request.

 

I will no longer be making payments against this "debt" as it is unenforceable. I now believe that Halifax Credit Card Services may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

This will result in a report being submitted to the relevant statutory authorities.

 

In the future could you please limit any communications with regard to the account to my e-mail account or to my home address?

 

 

Yours faithfully

[pford]

Had no more phone calls from the Halifax on this. But today got one from Blair, Oliver and Scott Limited and this letter. Stated in the phone call that the debt was in dispute due to the actions taken in above post. still not provide the agreement.

 

Are they allowed to pass the debt on while it is been disputed?

 

Your account has been refered to us by our noted client with instructions to recover the outstanding balance in full. Please contact our office today to discuss repayment of the account.

 

the following methods of repayment can be used:-

1 By telephone - We can accept payment by Debit carrd, Visa or Mastercard.

Call us now and have your card details ready.

 

2 Standing order - this can be set up for regular repayments. Contact your branch and provide them with your Regular Payment Amount, Quoting ************* as your payment reference and ; Sortcode/Acc No: ******* ***********

 

3 For alternative payment details call our helpline where our experienced staff will be able to assist.

 

If you do not take action immediately we may instruct one of our local door to door collectors to call on you to discuss the matter further, or we may commence legal action against you

[kateandpete]

i have a feeling hsbc may do this to me in a few days (see my thread on this topic http://www.consumeractiongroup.co.uk/forum/legalities/24736-default-removal-katenandpete-hsbc.html ). I'd love to know the answer to this .... .... anybody.

[ecobabe]

not sure if they are allowed to, but loads do it. But you just send CCA & £1 by recorded del to new dca and they need to comply. I had to do this 6 times for a debt that didn't even exist. also complain to trading standards about pursuing unenforceable debt and passing it on.

[Number6]

Had no more phone calls from the Halifax on this. But today got one from Blair, Oliver and Scott Limited and this letter. Stated in the phone call that the debt was in dispute due to the actions taken in above post. still not provide the agreement.

Are they allowed to pass the debt on while it is been disputed?

 

It might be worth noting the Administration of Justice Act:

 

The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

With reference to BO&S' last sentence:

 

If you do not take action immediately we may instruct one of our local door to door collectors to call on you to discuss the matter further, or we may commence legal action against you

 

Looks to me as though that breaches Sec 40 Para (a) & (b).

 

Pete

[Number6]

Also maybe the Protection from Harrasment Act 1997 Sec 40:

 

Protection from Harassment Act 1997

 

Pete

[kateandpete]

Isn't there something about harrassment of debtors in the CCA aswell. Read the CCA (in the statutes library). I'm sure they're not allowed to harrass you. Find the relevant bit of the CCA and quote it to the DCA in a letter. Tell them that you consider the matter under dispute with the original lender and that you will not correspond with them and that if they contact you again you will take them to Court for harrassment.

[kateandpete]

Also maybe the Protection from Harrasment Act 1997 Sec 40:

 

Protection from Harassment Act 1997

 

Pete

Yep, scrub my ref. to CCA - i typed my malinformed opinion as worcester typed his informed opinion

 

God, i even spelt "harass" wrong. Come friendly bombs.

[Number6]

So did I!

[pford]

brain not in gear at all just finnished another ****y night shift, any ideas on what to say in letter to them

[Number6]

brain not in gear at all just finnished another ****y night shift, any ideas on what to say in letter to them

 

About the harassment or about the "debt" itself?

 

Pete

[pford]

harassment side of it if you don't mind

[Number6]

harassment side of it if you don't mind

 

In my opinion only (I'm no legal expert) I would write to the Debt Collector stating that the debt is in dispute and should not have been transferred to them in the first place.

 

Enclose copies of your correspondence with HBOS and in particular point out that as HBOS have been unable to provide a true copy of the original agreement the debt is currently unenforceable.

 

Tell them that as the debt was in dispute prior to the debt being transferred you will not deal with them, only with HBOS.

 

Say that you consider their letter, and especially

If you do not take action immediately we may instruct one of our local door to door collectors to call on you to discuss the matter further, or we may commence legal action against you

to be in breach of the Administration of Justice Act 1970 and of the Protection from Harassment Act 1997. Breach of these Acts is a criminal offence and should any further threats be received you willl take legal action against them.

 

If you wish, tell them that you will only communicate with them in writing and that if they telephone you then you will consider that to be further harassment and will take legal action.

 

I would also be writing to HBOS, reiterating your earlier questions and demanding to know why an acount in dispute was referred to a debt collecter in the first place. Tell them to retrieve the account from the collectors and to deal with your original request for copies of agreements etc. Give em 7 days to comply or you'll sue their ar** off!

 

All in my opinion only though. It's what I'd do but you may want to take advice from someone more qualified.

 

Pete

[pford]

thanks for this helps loads with what i can say to them. think they are part of HBOS as well sure i read it in another post on here

[martin2006]

Dont forget in all of this that if they produce the original agreement they can re-enforce the debt.

after 12 days they have defaulted your request, then after 30 days IN TOTAL, ie not additionally to the first 12 days they have committed a criminal offence and should be reported to the OFT etc.

After 30 days they would have to get a judge to re-enforce the debt.

i think that after april 2007 all this will change though, i read a thread on here regarding just that but cant find it now.

Its regarding the CCA 2006 act

[pford]

Be a different matter if they can they reckon they sent me a default notice in June of this year. So if they did account is closed now. Was quite happy paying it of at what I could afford but got fed up with them and their bull**** phone calls. Bloody gits even discussed the account with wife. Your husband owes us this amount on his account can you pay it now?

[kateandpete]

i think that after april 2007 all this will change though, i read a thread on here regarding just that but cant find it now.

Its regarding the CCA 2006 act

 

What's all this!! I've had a quick skim of the relevent bits of the 2006 amendment and don't see anything.

[Tinkerbelle]

Dont forget in all of this that if they produce the original agreement they can re-enforce the debt.

after 12 days they have defaulted your request, then after 30 days IN TOTAL, ie not additionally to the first 12 days they have committed a criminal offence and should be reported to the OFT etc.

After 30 days they would have to get a judge to re-enforce the debt.

i think that after april 2007 all this will change though, i read a thread on here regarding just that but cant find it now.

Its regarding the CCA 2006 act

 

I read that somewhere on the internet too, but can't remember where.

 

I have been desperately trying to find it so I can post it here. If/when I do I shall link to it

[pford]

Had another phone call of then today. Put this letter together any comments on it before it gets posted

 

Further to my telephone conservation which took place on the 8th September 2006 at 18:35 from 0870 850 3492 with one of your associates requesting payment against this debt. I attempted to point out to her that I had taken the actions mentioned below, unfortunately your associate ignored me on this and kept insisting that I had to make the payment and if I didn’t one of your local door to door collectors would call to discuss this matter.

 

As this debt was in dispute prior to being transferred to you I will not deal with you, only with the Halifax.

 

As you are aware I consider your letter and you associates comments, and especially:-

 

“If you do not take action immediately we may instruct one of our local door to door collectors to call on you to discuss the matter further, or we may commence legal action against you”.

 

To be in breach of the Administration of Justice Act 1970 and of the Protection from Harassment Act 1997. Breach of these Acts is a criminal offence and should any further threats be received you will be reported under these acts.

 

I wrote to the Halifax on 11th July 2006, requesting a true copy of the signed agreement under the terms of Sections 77(1) and 78(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 in the form of a cheque (cheque number 000659) which was credited to the above account on the 19th July 2006.

I have not been provided with a signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request.

 

I will no longer be making payments against this "debt" as it is unenforceable. I now believe that Halifax Credit Card Services may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

This will result in a report being submitted to the relevant statutory authorities.

 

In the future could you please limit any communications with regard to the account to my home address?

 

[martin2006]

Apologies for my previous thread. i was very wrong.

 

Did a little googling and found a copy of the cca 1974.

 

It states that they are in default after 12 working days then after a further month they have committed a criminal offence.

so its NOT 30 days in total.

[pford]

I have just received a reply from the Halifax regarding the letter I sent them on the 29th august

Further to your email/letter dated 29th August 2006 regarding the status of your account.

I note the communication difficulties and I am sorry for any frustration caused as a result. I must advice you however that as an earlier payment arrangement had ended you account has been passed to Blair Oliver & Scott who can provide long-term debt repayment solutions, which will be necessary on this account. Interest will be suspended and they will be responsible for the management of this account. They will contact you directly over the next day and agree a way forward with you.

If you have not yet received a copy of your agreement as requested then please call Customer Service on 0870 28 38 48 and they will advise you accordingly. Meanwhile I have enclosed a leaflet, which explains our complaint procedures.

Should any of your concerns remain unresolved please let me know what you’d like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we’ll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not here from you within eight weeks I will assume you are satisfied with our response to your letter.

Yours sincerely

David Carey

Customer Care Manager

Retail Bank Collections

 

any ideas i thinking they not got the credit agreement