Gazza112 Vs Halifax Credit Card

[The GodMother]

Re moorcroft i would send a account in dispute letter

[citizenB]

Re moorcroft i would send a account in dispute letter

 

We are sending them this one, Godmother

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1800199.html

 

[Gazza112]

We are sending them this one, Godmother

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1800199.html

 

 

 

Citizenb thanks for the letter, that Letter went out first thing this morning.

 

Gaz

[citizenB]

Well done you. Sadly they probably wont receive it in time to spoil their weekend:(

[Gazza112]

Hi Godmother

 

Thanks for your imput, i sent CB's letter to these Turkeys.

 

Gaz

[Gazza112]

Hi All

 

Received a letter back from Halifax today.

There still not budging with my 31.16 letter i sent them in January.

Here's the contents of that letter.

 

 

 

Any surgestions what i should do next.

 

 

Gaz

[citizenB]

Hmmm, much the same as lexis200, Gazza. It might be worth you asking her how she is dealing with these. I do know she has a wide circle of Penpal friends at the Halifax

[Gazza112]

Hi CitB

 

Thanks, i'll get hold of Lexis200 later, she may cast some light on this as you said.

 

Gaz

[Gazza112]

Hi All

 

Just to let you all know that i received my SAR from Halifax today.

Not had any time to go through the paperwork at the moment.

 

 

Gaz

[Gazza112]

Hi All

 

Just had a quick glance through the papers, upto now i can find two £25 illegal charges to the account. I'll know more when i go through the papers properly.

Just one thing they only go back 6 years?

I've looked at the Application/Agreement and it's the same as they first sent me with the other card number.

 

Gaz

[tosh1]

i think that they only have to send you 6 years of statements. I may be wrong but im sure thats the case

[The GodMother]

well its a catch 22 situation on this.

 

They have to send u everything they hold on you the 6 year rule is only for stuff like Statue barred and how long they need to keep paperwork for after the account is closed. I would assume that if this case came to court they would need to provide evidence of and Brought forward statement from ALL previous bills if not you could have a lot of fun.

As in say they sent you from statement 100 10 999. You could argue that as they have not provided statement 1-99 they cant prove the previous balance has not been plucked outta thin air.

 

As statements from the date of the cards issue would be info they need to provide in court and info they have to hold on you after the account is closed under money laundering regs then they need to give you the info.

Edited May 9, 2009 by The GodMother

[Gazza112]

Hi Godmother

 

I see, what about the application they sent through this is the one from a previous post. But the onethey sent is a poorer copy.

Also there's no APR reg's on this either.

 

 

 

 

 

Gaz

[The GodMother]

Sorry cant help with that i cant read it

[Gazza112]

Sorry cant help with that i cant read it

 

 

:-D. Thank christ for that, i thought my eyesight was going. That's the good copy they sent me, no good posting the one i received today as i would be scanning a blank page.

 

Gaz

[citizenB]

Sorry cant help with that i cant read it

 

:-D. Thank christ for that, i thought my eyesight was going. That's the good copy they sent me, no good posting the one i received today as i would be scanning a blank page.

 

Gaz

 

I reread the letter they sent you in respect of your CCA request.. It seems to me as though they are trying to push the blame back onto the client for not keeping a copy of the original document. Which is a non runner really in that after signing the darn thing you would have posted it to them for SAFE keeping ??

 

As GM has said, if there are ANY statements missing whatsoever, they havent complied with your request. They need to prove the balance they are claiming.

[lexis200]

Hi Gazza

 

Sorry for the delay - took me ages to get the time to read the thread, then after 27 pages of reading MBNA and thinking 'I'm sure it was Halifax' - maybe it's added in later on, realised I was on the wrong one:rolleyes:

 

Anyway, as CB said, I've been having loads of fun with HBOS since June last year. Looking through your letters they are pretty much identical to the ones I've received.

 

The good news is that BlairOS have gone deathly quiet since I told them BOS have got feck all in the way of an agreement, and neither account has been paid since about July last year.

 

If memory serves we also had Robby Way (one letter and they scuttled off), and Iqor (ditto). They don't like to play when you've got the best toys:D

 

They are both OH's accounts, and he's been threatened with court on both of them, but funnily enough neither BOS or Blair has responded to the CPR request that CB pointed you to, and they both seem rather reluctant to go down the court route.

 

As with you I feel I'm banging my head against a brick wall. It doesn't matter what you write, they ignore it/avoid answering properly, and instead give you a template letter that vaguely alludes to what you asked, but is pretty much just a threat disguised as a moral argument.

 

For my part, I'm giving them one more chance to get rid of the balance, and after that the only response they will get from me (if I decide to answer that is), is to repeat in bullet form the questions they still need to answer. I may at some point offer a very small f+f, but I kinda think the letter I'm about to send them will burn that bridge.

 

For us in our situation, I think realistically the choices are let it go quiet until the 6 years are up, and hope the default doesn't cause too much damage (I'm going on the assumption here that the CRA's won't remove it despite it being ineffective and inaccurate)

 

or

 

Take them to court and get it buried once and for all.

 

I'm not a fan of the court choice, simply because I get very panicky with stuff like that (in a really girly way - I get very emotional if I'm worried and would be liable to burst into tears - not the best way to look in a court:)), but also these are hubbies accounts and he only has a vague understanding of this stuff, so I'd have to teach him what has been going on etc. I can just see it being a debacle!

 

Sorry I can't be of much constructive help, other than to tell you how they've been with us. If you have a look on my threads you can see how I've handled it - it's not got a much different response from yours, but I have had a couple of slightly less templated letters out of it. Did me no good, but made me feel a bit better:)

 

Oh, just one last thing - when I SAR'd them they sent everything back from the beginning of the accounts (around 2000), so they do have stuff. We didn't have to push as they sent it within the initial bundle, but it's worth an ask to get the rest of them I think.

 

Lexis:)

[Gazza112]

Hi lexis

 

Thanks for reading my thread, yes looks were be fighting these together.

On my SAR they sent me, they never sent me the Default Notice with the Bundle. So i will try and chace them up on that one, and they only sent me paperwork for the account that's in dispute.

But as with you it has gone quiet lately, I'm trying to concentrate on the MBNA one's so don't really want to rattle to many cages at the moment.

 

 

Gaz

[lexis200]

Good luck with MBNA - another of my favourites...

[borolad63]

Hi

Can somehelp advise. I asked for a copy of my Consumer credit agreement from Halifax under section 77 of the CCA 1974. They have sent a copy of my executed agreement, a copy of my current t&c and a signed statement of my accounts. Halifax say the agreement enclosed complies with the requirements of Consumer Credit Regulations and provides that a copy can omit any signature box etc. By providing all this info they say they are complying with the requirements and the agreement remains enforcable. They also state that they will not be entering into any further correspondence with me regarding the reqirements relating to the provision of copy agreements.

 

Thanks

[Undercover-Elsa]

Hi

Can somehelp advise. I asked for a copy of my Consumer credit agreement from Halifax under section 77 of the CCA 1974. They have sent a copy of my executed agreement, a copy of my current t&c and a signed statement of my accounts. Halifax say the agreement enclosed complies with the requirements of Consumer Credit Regulations and provides that a copy can omit any signature box etc. By providing all this info they say they are complying with the requirements and the agreement remains enforcable. They also state that they will not be entering into any further correspondence with me regarding the reqirements relating to the provision of copy agreements.

 

Thanks

Hi Borolad,

That's pretty much what they are sending many people now. It's possibly indicative of them not having a copy of the SIGNED agreement, otherwise why bother, why not just send it?

Next step would be to send the a Subject Access Request, stressing within it the paragraph requesting an actual copy of the SIGNED agreement. That way you'll also be able to check for unlawful charges, as the must send EVERYTHING they hold on you.

However, you do need to start your own thread for this..just go back to the main debt collection industry forum, scroll to bottom and click new thread, that way you'll get advice specific to you.

Hope this helps,

Elsa x

[Gazza112]

Hi

Can somehelp advise. I asked for a copy of my Consumer credit agreement from Halifax under section 77 of the CCA 1974. They have sent a copy of my executed agreement, a copy of my current t&c and a signed statement of my accounts. Halifax say the agreement enclosed complies with the requirements of Consumer Credit Regulations and provides that a copy can omit any signature box etc. By providing all this info they say they are complying with the requirements and the agreement remains enforcable. They also state that they will not be entering into any further correspondence with me regarding the reqirements relating to the provision of copy agreements.

 

Thanks

 

 

Yes, As was just said that's what Halifax sends out thinking they have sent you all they need. Probably why they send you the Current Terms and Conditions is the originals vary slightly. If anything like MBNA T & C's go what they send out.

 

 

Gaz

[Gazza112]

Hi All

 

Received my Subject Access Request from Halifax there's something that i'm not to sure off.

It states Plan Balance Transfer -£10

Pan Migration £10

 

That was for Jan this year, and this wasn't my SAR payment i sent them.

 

Then 0n another sheet i've got.

 

---NO DESC FOUND ---

 

That was for February this year.

 

Any ider what they mean.

 

Found 4 statements missing and No Default Notice in my package, althougth they issued me one a few months back?

 

Gaz

[supasnooper]

You'd have to write back asking for descriptions of the notations they have used.

 

I would also send them a SAR non-compliance letter as well. Incorporate the request for descriptions in there too.

Amend this letter to suit -

 

 

 

Your Name

Your Address

Your Town

Your County

Your Postcode

Date 2009

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXX

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

I will remind you as to what documents I expect.

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

14. Any Other information relating to this account.

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours Faithfully,

Print your name here

[Gazza112]

Hi Supasnooper

 

Thanks for getting back to me so quick.

They did send me descriptions of the notations but those wasn't on the list.

 

What they did send me was the following.

 

A copy of information held on computer by Customer Relations.

 

"""""""""""""""""""""""""""""""""""""""""""""""""""" by Customer System.

 

"""""""""""""""""""""""""""""""""""""""""""""""""""" by Collections & Recovery

 

"""""""""""""""""""""""""""""""""""""""""""""""""""" by Card Services.

 

"""""""""""""""""""""""""""""""""""""""""""""""""""" by Blair, Oliver & Scott

 

 

But was missing the Default Notice and a few statements.

 

I'll amend and get the letter you kindly put up for me in the post.

 

 

 

Gaz