Halifax Platinum CCA** WON they discontinued**

[gwyther]

Hi

 

Thought it was about time i started my own thread on about this one

 

I sent CCa to Halifax on 22 August and their time was up on 10 October to provide this

 

Since then the phone hasnt stopped ringing (driving me mad) i have been keeping a log over the past couple of weeks though

 

They are sending me letters saying that my account is overdue etc

 

I have recived a final notice from them and responded by sending the letter posted on Bandyandstrage's thread (who seems to be at about same stage as me) by curlyben.

 

Still getting phone calls though

 

Anyone gone any further with this lot???

[lihi]

Hi

 

Apologies but I don't know what the letter in bandystranges post said but have you given them the

 

In addition to the above I request that all further correspondence is to be in writing in accordance of section 40 of the Administration of Justice Act and the Wireless and Telegraphy Act (1949).

There is also a harrassment letter doing the rounds. I include the above paragraph in the majority of letters and the calls (from 9am-9pm 7 days a week) stopped and they only contact me by post (I am aware that I'm one of the raritys).

This may be useful

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 introduces four new criminal offences:

harassment (section 2): summary only, six months' imprisonment and/or a level 5 fine;

 

Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.

Section 7(3)A provides that:

Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counselled or procured the conduct.

The knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring and not when the conduct occurs.

I have attached OFT debt collection guidance for your reference and also a letter that I 'borrowed' off a post that you could edit to suit yourself or use for inspiration.

Good luck

phone harrassment let.doc

OFT debt collection guidance.pdf

[pt2537]

Hi there

 

Yep i know the curlyben letter your refering to

 

22nd august was when you sent the CCA? they have 12 working days would have defaulted way before then being generous i make it the 12th Sept that they would have been in default of the request so you are within your rights to withold payment until they comply

 

simply tell them when they call if your unfortunate to answer the phone ot em, Everything in writing polease and put the phone down

 

send em the Telephone Harrasment letter and consider making a complaint to your local trading standards too as they have comitted an offence

 

thats what i suggest any way

 

Regards

paul

[gwyther]

Thank you both for your replies

 

Thanks Lihi the letter is sent did contain all or at least most of the points in your post

 

Thanks Paul the next step i thought would be harrassment letter although from reading other posts it wont get me anywhere, maybe i should just have fun with them???

[rory32]

In many instances the point of the harassment letter is not necessarily to get them to stop phoning (it really depends on the company whether they will or not). The point is to start the official complaints process. You need to appear reasonable even when they are not.

[gwyther]

Point taken Rory

 

When they called tonight i just refused to go through security and told them that i had put it in writing on numerous occations that i would only communicate with them in writing so goodbye. I was very polite have done the ranting down the phone etc and they keep calling so have decided to just refuse to go through security and get their name so they know i am logging calls

 

Thanks

[rory32]

Halifax have been sued before for harassment

 

Halifax harassment case settled out of court | Money | Guardian Unlimited

 

STALKED BY MY BANK - Top Stories - News - Mirror.co.uk

[gwyther]

Wouldn't that be fun especially when you owe as much as i do, it would be a propper slap with a wet fish

[pt2537]

make sure you keep an accurate record of all calls that they make to you and the times they are made

 

also goto Trading Standards Central - Trading Standards and Consumer Protection information for the UK enter your postcode in the top right hand corner and it will find you your local trading standards

 

you seriously need to consider making a complaint for breaches of Consumer Credit Act 1974 and Administration of Justice Act 1970 the sooner you let them in on this the better

 

Regards

paul

[gwyther]

Hi Paul

 

I will sort the complaint out today thanks

[gwyther]

Hi

 

Quick update

 

This morning in the post came a letter which had inside a postcard type thing with the words

 

IMORTANT NOTICE

 

Our representative will be calling at your home on 22 Nove 2007

 

PLESE TELEPHONE 0870 8501291 IF THIS IS NOT CONVENIENT

 

It is has the Halifax logo and address on postcard

 

What should i do?

 

Has anyone else had this?

 

Thanks

[pt2537]

yes but not from them, mine was from littlewoods

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

 

 

send em that , that should sort em out

[pt2537]

also they are in breach of the OFT guidlines on debt collection sending this style of correspondance

[gwyther]

Thanks Paul

 

As usual excellent letter

 

Will mail of of to them today.

 

 

Thanks

[gwyther]

Hi

 

I sent letter recorded delivery and faxed to them

 

Have a copy of this letter and fax reciept together with p/copy of recorded slip all ready and waiting for them, they can muse over this while they drink their tea and eat their biscuits on the doorstep!!!!

 

Do you think they will still turn up or is it a case of wait and see??

 

If they do turn up is this all good for me as there is not doubt that they are harrassing for payment if they do si there??

 

Thanks

[rory32]

Do you think they will still turn up or is it a case of wait and see??

 

It's highly unlikely that they will turn up. The letter is just a standard tactic by DCA's to attempt to frighten you into phoning them.

 

If they do turn up just give them a copy of the letter Paul has posted and tell them to leave otherwise you will be phoning the police.

[gwyther]

Thanks Rory

 

I am not bothered if they do turn up, have told the kids not to open door to anyone just in case we are out and they decided to turn up unannounced, although i dont think they would be stupid enough to try anything with only kids on premises

[gwyther]

Hi all

 

Just a quick update

 

Calls still coming at least 3 times a day

 

I think i am p***ing them off more than they are me now though

 

Calls uaually go

 

Can i speak to *******

 

Who is calling please

 

Hallifax Bank

 

Can i take your name please

 

D**k H**d

 

Thank you, but sorry the person you need to speak to is not here

 

Phone usally goes dead at this point

 

One of them even said "that was cleaver"

 

Nice to know we have them on the back heal

[pt2537]

My usual tactic is normally something like this,

 

when they call and say can i speak to Mr xxxxx

 

i cooperate til they get to the security questions, then when they say can you confirm your address i say can you confirm yours?

then they say can you confirm your date of birth i say can you confirm yours? and so on until they get the message

 

they are not allowed to talk to you until they have gone through the security questions and confirmed who you are

 

i never answer them til they answer me. it frustrates them too

[The GodMother]

My Favorite piece is when they say yes i can confirm my address and date of birth but what rite do u have to no it. I just respond with cause like u i want to be nosey goodbye and put the phone down.

[gwyther]

Hi all

 

Today I have had letters and calls i will tell you about letters as they came first

 

2 letters both in post this morning

one saying

 

dear

 

we have been trying to contact you recently regarding the position of you account, as detailed above. Unfortunatley we do not appear to hold a record of your current telephone numbers.

 

Please call our Helpline on the number shown above. One of our operators will be abel to assist bu updating our records with the correct details , and can also take payment by Switch or Delta debit cards.

 

We felt it necessary to bring this matter to your attention as soon as possible as an arrears or overlimite situation can result in a transaction being declined. You will also incur charges until the situaltion is resolved

 

Yours

 

 

Second letter

 

Dear

 

I refer to yor recent enquiries regarding yoru account. I was sorry to learn you are unhappy with the service we have provided.

 

we are keen to dael with your concerns as quickly as possible. i have asked for one of our Customer Care Managers to investigate the points you have raised and you will recieve a reply shortly, but certainly no later than 4 weeks

 

You will find enclosed a copy of our complaints leaflet. this tells you how we will handle your complaint. if you need to speak to someon in the meantime please call us on the above number

 

Yours sincerely

 

with the call i have had four today last one at 8.58pm

 

when the girl asked me to confirm first line of my address i said can you give me yours

 

to which she terminated call

 

Just a quick question when i ask for their name do they have to give me full name or just first name or do they have some sort of ID number that they are obliged to quote

 

Thanks as always

[pt2537]

No, they are not obliged to give you their full details nor are you obliged to give them yours

 

you are on the right track there though each time they call do the same thing, they will get bored and leave you alone

[The GodMother]

I agree that ppl will get bored as i have had no phone calls fromany DCA or OC since i started to use the advise of this site. I love the fact theat they get all huffy over the phone and say that i am refusing to cooperate with them.

[gwyther]

Hi

 

The calls have stopped (for the moment) but in the post this morning i recieved a Default Notice

 

Has anyone got a nice letter to send them informing them that I have not breached the agreement because their isnt one to breach and that by withholding payment i am doing nothing wrong

 

Thanks

[pt2537]

Can you post a copy of the notice please and we can scrutinise it and most probably pull it apart

 

obviously removing the personal details from it first

 

regards

paul