Gazza112 Vs Halifax Credit Card

[Gazza112]

repeat after me.

 

They are fobbing you off.

 

 

Hi Godmother

 

They are fobbing me off.....

[The GodMother]

yep u have it.

 

just do what u feel is best.

[tosh1]

Hi Gazza

 

I've got exactly the same letter from Halifax. i've replied back asking for everything they have under 31.16 demand.

 

Tosh1

[citizenB]

Hi Gazza

 

I've got exactly the same letter from Halifax. i've replied back asking for everything they have under 31.16 demand.

 

Tosh1

 

Sounds like a plan to me.

[Gazza112]

Hi CitizenB

 

This is the letter that i was going to send Halifax

 

Date 13.1.2009

 

 

 

Halifax Credit Card

 

 

 

Dear Sir/Madam

 

Re: Account/Reference Number

 

Postage Reference:

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by 27/01/09

Regards

 

 

 

 

 

 

 

Gaz

[The GodMother]

Hi CitizenB

 

This is the letter that i was going to send Halifax

 

Date 13.1.2009

 

 

 

Halifax Credit Card

 

 

 

Dear Sir/Madam

 

Re: Account/Reference Number

 

Postage Reference:

 

REQUEST PERSUANT TO CIVIL PROCEDURE RULES PRE ACTION PROTOCOLS AND PART31.16.

 

I write with regards to the above alleged account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. If it is not convient for you to provide me this by return post then a copy can be sent to my local Halifax branch @ .

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by 27/01/09

 

Regards

 

 

 

 

 

 

 

Gaz

 

 

Hi Gazza

 

Just thought i would change a few things. They are not obligated to send the item by return post under the request u are obligated to go to where the document is held, IE if it is in france u have to travel to france.

 

I did pose this question on Pts thread and was told they dont have to remove the original from its location.

 

It can be reasonable that you ask for it to be viewed at your local branch

 

 

ALso NEVER admitt in writing or on the phone that the agreement exists as it could come back on you BIG time.

[Gazza112]

Hi Godmother

 

Thankyou for looking and amending this letter much appriciated.

I know this is nothing to do with Halifax, but as i'm on this thread do you or anyone know where MBNA/Abbey branch is as there a telephone banking company.

 

Gaz

[The GodMother]

its your local bank where you live so if i was to put in my local branch i would say.

 

Hall Quay

Great Yarmouth

 

Is this originally abbey now heald by MBNA or is i a MBNA card held by abby

there website is Secure Saver and u can click a link to put ur postcode in to find ur nearest branch

[citizenB]

Gazza, on their statements they use the Co-operative bank, so you could also suggest viewing at a local branch of that.

[Gazza112]

Hi All

 

Just to keep you updated on this thread, that i've not heard anything from them since i last posted. As soon as i get some info from them i'll let you all know.

 

Gaz

[The GodMother]

kk Gazza thanks for he update.

 

did you post a 31.16 request?

[Gazza112]

Hi Godmother

 

Yes, posted the 31.16 letters 3 weeks ago not had any replies to any of the companies.

I'm thinking of just sending a straight forward letter to them, just saying going through my files and found i had lost my original agreement.

Could you please send me a copy of the original agreement i took out with your company for my records.

Something on that lines Godmother, what do you think.

Can't see them replying, as they've not replied to any of my other letters for the agreements.

 

Gaz

[The GodMother]

Personally i would send a chasing letter giving them 14 days from date of recieval or u will probably, remember to use there words against them like may might, take court action against you where u will be asked to produce it in a court of law.

[Gazza112]

Hi Godmother

 

I'll give them till Monday as i did give them a cutoff date which was the 27th which is tomorrow. So i'll be far with them and wait till Monday.

 

Gaz

[The GodMother]

ok

 

Let us know what happens

[Gazza112]

Hi All

 

Well, had a reply today, nothing to serious just a threatagram from Blair, Oliver & Scott.

I don't know what they want, but there asking for me to pay them money.

 

Here's the letter i received today

 

 

Any iders to what responce letter i should send them.

 

Gaz

[The GodMother]

send them the bermused letter advising account in dispute

[Gazza112]

send them the bermused letter advising account in dispute

 

 

Hi Godmother

 

Also should i put in the letter, that i da not acknowledge this dept with your company.

 

Gaz

[tiglet]

Bliar Oliver and Scott are part of the HBOS group, so they are in-house debt collectors.

[Gazza112]

Hi Tiglet

 

Thanks for that, i'll just send them the standard bog off letter.

I've got a good letter that i sent Credit Solutions i'll get that of to them.

 

Gaz

[The GodMother]

Yes put the i dont acknowledge any debt to this company or anycompany u claim to represent.

[Gazza112]

Hi All

 

Just an update on Halifax, i received two letters from them today.

One was they was looking into my complaint, can't see what complaint they was talking about. As i was only asking for my original agreement.

The secont letter was about Blair was taking this account over and it was payable. They also said that they've been trying to contact me on my old number, and was told that this person did not live here.

 

Here's the letter's i received from Halifax today.

 

1st Letter

 

 

 

2nd Letter

 

 

 

 

Any advice on what i should do next with Halifax.

 

 

Gaz

[babydoll0141917]

Subbing

[The GodMother]

write advising hat u will not pay as ur request dated XXX has not been fufilled and until then there is a dispute.

 

Also put a note on the letters advising u will make contact with trading standards and the oft.

[Gazza112]

Hi Godmother

 

Thanks for looking in, Funny i sen't them a Harrassment by phone letter first thing this morning before i received these letters in the post.

I'll get a letter in the post to them, on an earlier thread i did post the CCA what the sent me. It wasn't even in my handwriting and i never signed the agreement. As Natwest said in there letter today, the have not got the original agreement, as the account was taken out a few years ago.

 

Gaz