halifax default credit agreements**WON**

[postggj]

just to update

had an aqua credit card issued by halifax

default registered 2005 £950

bank has refunded 500 with no problem

done the usual cca and sar

bank has confirmed in writing no cca or default notice and our friends blair oliver and scott will not be pursuing the balance as no cca

 

received this morning a letter from lowell asking for £981 ref sav credit ltd

this is aqua

 

also the letter was sent to my previouse address

the letter states they have traced me from my current address to my previouse which was six years ago, incompetence

 

i take it this is a fishing trip and will not contact them

 

comments please

[The GodMother]

Fishing trip.

 

You have a letter of value from aqua then dont lose it. Frame it , laminate it anything you like BUT DONT LOSE IT.

 

Chrissi

[postggj]

i am now going for court action against hbos for removel of default

lowell is the last straw

just double checking , hbos have confirmed no cca, if a photocopy is produced but no original executed agreement, can a court enforce a photocopy

[tomterm8]

yes.

[postggj]

if car2403 or anybody else i am now going to issue n1 against hbos

received reply from fos today, they state cannot investigate untill receive final response from hbos. thats what i sent them,

 

backround

 

aqua credit card, balance £975

bank has offered £450 for charges not excepted yet

default on cra for £975

after cca and S.A.R - (Subject Access Request) , hbos has admitted no cca or default notice

bank refuses to remove default due to historical data

 

going to court now to have default removed

 

can any one give me a poc to use on the points outlined above please

 

many thanks

[car2403]

Have they had 8 weeks to respond to your first complaint letter? If so, the FOS are WRONG, as they don't need a FINAL RESPONSE, as they've failed to respond in 8 weeks.

 

Going the N1 route is fine, but do you want to try with the FOS again?

 

In order to protect the interests of consumers, the Financial Services Authority's (FSA) rules state that an endowment complaint (or any other financial complaint) still outstanding after 8 weeks can be referred to the Financial Ombudsman Service (FOS) for their independent review

[postggj]

not realy fos

 

its taken fos seven weeks to reply saying they need final response

as i said they have had final response from hbos

[postggj]

thanks for the advice car2403

my dispute with welcome will come to an end in two weeks

hbos is the only default left

a court claim might make them take me seriouse

any chance of an n1 on the above notes

 

this has been a long fight, so far

 

six defaults removed

two ccj set asside

 

like i said two to go

 

welcome and hbos

 

realy need to get ball rolling with hbos

[car2403]

I'm not keen on constructing POC, postggj, (no offence!) as I think it's best you do that yourself, otherwise the issues may not be clear to you - I don't want you getting to Court without understanding your own claim!

 

I've looked through the thread and I believe there is enough information posted on here, by you, to allow you to construct them yourself.

 

This thread may help a little too;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

 

Post up what you have and advice will be forthcoming...

 

[postggj]

many thanks

[postggj]

reading some threads it seems the ico has begun to show its teeth

can anyone confirm that there stance on no cca, a default should be removed.

is it now worth sending a letter to ico rather than fos

 

many thanks

[postggj]

IT APPEARS THAT HBOS HAVE SENT THE ACCOUNT TO LOWELL

THEY HAVE STATED IN WRITING THEY WOULD NOT BE DOING THIS AS THEY HAVE NO CCA OR DEFAULT NOTICE

JUST FOUND THIS BY LAISTE AND SEEMS TO FIT THE BILL IN A COUNTER ATTACK TO GET THE DEFAULT REMOVED

 

COMMENTS PLEASE

 

 

 

The CCA request is sent to the OC and the deadlines come and go and they don't respond, in fact by all appearances the request has been completely ignored, which is great news, it's time to start monitoring everything the OC does! They send all manner of threatening letters and phone calls are being received 6 days a week, on average 8 times a day, all logged of course! You answer the calls, but refuse to go through security and tell them each time they ring to put everything in writing. You don't mention the CCA request on the phone, in fact you don't tell them anything about laws they've broken, you simply carry on making a record of all calls and in particular any abuse you're subjected to. The calls continue for 6mnths and then they stop suddenly. They sell the debt on to one of the lovely DCA's, having still not provided the agreement, but we're not remotely concerned about that! They start bombading you with letters and calls, both of which are much more threatening. You continue doing what you did with the OC. After 5mnths, they issue a Court claim. In your Defence you can confidently state that you requested an agreement 11mnths ago, (which you can prove because you have the g/d slip and it was signed for on ???) which hasn't been furnished. So, the OC has unlawfully sold the alleged debt on whilst being in default of the request and that's for starters..... You have been unlawfully harassed by letter and phone by both the OC/DCA in the absence of an agreement. The DCA has processed your personal info unlawfully under the Data Protection Act 1998, as they had no legal right to do so because the OC had no legal right to sell the debt. There are other offences under the DPA 98 also, but I haven't got time to list them all! lol You haven't been provided with a DoA, so they haven't proved a right to issue a claim. The NoA wasn't sent to you, so they can't enforce the alleged debt. When they do provide it, (as part of the proceedings) it's incorrect, so therefore unlawful on that basis also. It is a breach of confidence that your personal info has been provided to the DCA, which you can claim damages for. It is also an invasion of your privacy, which is covered by the Human Rights Act (HRA). They eventually get round to providing the agreement and it is enforceable, but it doesn't matter, they can't get round the DoA or NoA, so they're screwed-oh dear! So as well as having a watertight defence, you have a c/c for harassment, breaches under the DPA, HRA and breach of confidence for which you will be seeking substantial damages of

course!

[The GodMother]

cool sounds like fun.

[postggj]

comments please

 

now that hbos have sold the account to lowell, i feel i have hbos up the creek. this is all about getting a default removed.

hbos are in default to my s78/79 request.

hbos have addmitted it has no cca or default notice.

the account has been sold to lowell, (unlawfull) as they are in default of my s78/79 request.

lowell are now processing my data (unlawful) as they have no legal right.

laiste above mentions the human rights act, any one care to explain this one

 

my n1 which i will be issuing is quite straight forward with ref default removel,

its the other bits above i need advice on, for which i will be including it in my n1.

i have a letter from hbos as confirmation that they have no cca or default notice.

[postggj]

bumping

[The GodMother]

I dont know anything about the human rights laws.

[car2403]

Nothing under the CCA will stop them "selling" the debt as the CCA has no effect on the actual debt itself, it just stops it being enforced by the Court.

 

Write to this new DCA and point out you have no intention of paying, they can't enforce via the Court and any further contact with you will be reported to the police as harrassment. Send the harrassement by telephone letter in case they continue to chase you.

 

You're right to question their processing of your data as they don't have your consent. (The original contract being void by the CCA)

 

I can see what laiste meant, but - as that member is no longer around - I can't question what the basis of that claim is, so I would file that particular one away.

[pt2537]

im unsure of the Human Rights Aspect of that arguement, the HRA 1998 applies to all public authorities, however a bank is a private organization and therefore would not come under the act itself. however any breaches of privacy for example would come under the common law right of confidence which is now interpreted with the Human Rights Act in mind, all law must be interpreted with the convention rights in mind under the Act

 

Regards

paul

[postggj]

now that i have welcome done and dusted,

its time for my last default hbos

to fill you in the picture again

hbos default ref aqua credit card, ammount £980

bank has agreed to refund £250

refused this as i want default removed

bank has addmitted it has no cca or default notice in writing

bank has confirmed in writing it will not be taking steps to recover ammount as no cca

last month debt sold to lowell

with any luck this will be straight forward, bearing in mind the offences hbos have done.

after my day in court with welcome, and the judges comments, i have decided to go back to the fos in this case.

i gave hbos one last chance with a final decision in this matter, i gave them 2 weeks to write to me with theire full and final decision.

times up, no reply.

what now is the best way to go with the fos.

fos sent back my case after a month saying they need hbos final decision.

hbos informed me the last letter was theire final decision

 

where do i go from hear?

 

many thanks

[car2403]

They need to have supplied their final response or have had 8 weeks in which to do so - if they have, just submit the complaint forms again and let the FOS sort it out for you.

[tomterm8]

to be honest, I would suspect that the F.O.S. will not help you. They operate under different law that the courts, and have a certain amount of discretion. In order to find in your favour, you would need a very clear complaints letter. Further, I think it likely that they will foist you off on the information commisioner.

 

We'd have to see what you sent to halifax.

[postggj]

will the ico be any use

have they any teeth in this matter

[postggj]

like i said

this is now the only default i have left

would like to get shot of it asap

recomendations please

1/ fos

 

2/ico

 

3 court

 

to be honest, i have had enough of litigation through the courts and would like to avoid, but if needs must

[car2403]

If it were mine, I would go to Court.

[tomterm8]

i would go Information commisioner, then court... Makes it look like you have followed correct procedure.