Halifax Credit Card

[chaddyowl]

I sent CCA to Blair Oliver Scott and eventually got copy of what appears to be credit agreement.

 

They sent letter stating that they are going to start court proceedings against me...

 

Any help and advice greatly appreciated

 

Thanks:(

[rory32]

Can you post the copy of the agreement? Remove all personal information first though.

 

It's standard practice for BOS to threaten court action.

[BenjiBoo]

When you say that it is standard practice for them to threaten legal action, are you implying that it doesn't necessarily lead to legal action immediately?

 

From missing a payment, how long could I expect to wait until I've got a date in court? A friend stopped paying his Egg card and just told the people on the phone to "bugger off" when they threatened him with action. He's not heard anything for 6 months - is this standard behaviour from the banks?

[rory32]

When you say that it is standard practice for them to threaten legal action, are you implying that it doesn't necessarily lead to legal action immediately?

 

Immediately or at all in many instances. DCA's recon that it's only worth taking about 10% of accounts they receive to court. It would be a DCA that the account would be passed to and then they would initiate any court action rather than Egg. This doesn't mean that DCA's have any legal powers - they certainly don't - it's just that recovery activities are outsourced.

From missing a payment, how long could I expect to wait until I've got a date in court?

How long is a piece of string? You may never receive one but then again you might. There is no set time period for taking accounts to court, indeed some DCA's specialise in buying statute barred debts where no court action can now be taken.

[BenjiBoo]

Without going off-topic here, can you advise what type of considerations the DCA take into account when deciding whether to take someone to court?

 

I have a Halifax Platinum card, I simply cannot afford to keep up repayments (on that and other cards), I can't even pay the interest. It has about £4000 outstanding on it. Quite frankly I'm past being bothered about my credit rating, I don't own a house or many posessions, I just have a young family to support. To be honest, I'd be happy for them to come inside and take whatever they want, there is so little to take anyway. I'd be happy to receive calls, knocks at the door, whatever... It would make things awkward though if they managed to take from my already low salary...

[rory32]

You really need to start your own thread on this but if your card is a few years old or more then Halifax are unlikely to have a copy of the credit agreement. Without this they can not enforce the account even in a court of law. So I think the first thing to do would ask for a copy of the credit agreement (template N here). Send it recorded delivery and do not sign the letter.

Quite frankly I'm past being bothered about my credit rating, I don't own a house or many posessions, I just have a young family to support. To be honest, I'd be happy for them to come inside and take whatever they want, there is so little to take anyway.

Before any of this they would need a court order and then obtain a walking possession order and get bailiffs to enforce it (exceptional attachment order if you're in Scotland). They would then still be very limited in what they could take (they can only take what are classed as luxury items) and it probably wouldn't be worth their while as the value of second hand goods is very low.

[rory32]

It would make things awkward though if they managed to take from my already low salary...

Again they would need to go to court to achieve this - you do get the opportunity to defend any court action. Even if they got the court order you could apply for a time order which gives you time to pay the debt in installments based on your ability to pay.