Halifax Credit Card - Robinson Way/Horwich Farrel

[pinkmoomin]

Hi - any advice on what's the best next step here, please?

 

Halifax Credit Card passed to Robinson Way (then Horwich Farrelley) ages ago and I've been paying them. Last month I paid short and I can't afford to pay up the arrears just yet.

 

Anyhow, this morning received a letter dated 19/11 from HF saying they want RW (as their client - are they not the same people?) to take me to court...

 

 

We have now advised our client to commence Court action against you as a result of your failure to settle this account.

 

Even at this late stage you can avoid Court action by making payment or by making a proposal for payment that you can afford.

 

If you wish to make a proposal, please set up a simple statement of your means and any circumstamnces you wish us to consider.

 

If you have any queries, please contact our client Robinson Way, etc, etc.

 

I've not been sent a default notice or anything else, this is the first correspondence. Can they go for commencing court action straight away?

 

I do owe the debt in question, but I suspect a CCA might be the first thing to do to make sure they are legally obliged to collect, is that correct?

 

And if I can make sure I understand the position with that - until a valid CCA is produced, I am under no obligation to pay more than I can afford, so if I wanted to show willing with £1 per week, they have to just deal with it?

 

My circumstances are a bit up in the air at the minute and I don't imgine for one minute they will accept a lower payment than I'm curently obliged with, considering it raised slightly a few months ago and the information I'll need to give them. The last thing I need (as anyone would) is for this to end up being raised as court action.

 

Thanks in advance.

[spamheed]

Send the CCA request off asap

don't sign it and sent it recorded delivery, retain a copy of the letter and posting slip, also obtain a Proof Of Delivery from Royal mail online.

 

If they cannot produce the CCA you can legally withold payment until they do. even then, only make payments that you can reasonably afford, regardless of what crap they come up with

 

They have no right to insist on anything, they cannot demand information from you, nor can they insist that you pay more than you can reasonably afford. should this go to court then that's exactly what the judge will order, they will look at your income and expenditure and order that you repay £xx per month, with £xx being calculated by the judge and without any input from the DCA

[42man]

Yes and once you have done that send them this courtesy of Martin3030

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

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

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

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you 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 (if applicable).

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 notice of fair use of my data as required by the Data Protection Act 1998.

9. 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.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[pinkmoomin]

Thanks, both. I'll have another read over that in a bit, quite a bit to take in there!

[pinkmoomin]

Silly me - forgot to ask another question. Despite me writing several times and telling them I stopped using the name Mrs Marriedname about 4 years ago and I am now known as Miss Maidenname, they still persist in writing to Mrs Marriedname.

 

Does this have any bearing on things? I stopped being Mrs Marriedname in mid 2004!

Edited November 21, 2008 by pinkmoomin
I can't spell

[pinkmoomin]

OK, I got my CCA letter ready to take to the post office today but something else has occurred to me now, related to the name thing above.

 

They keep writing to "Mrs M Marriedname" (no first name actually written out, only the initial), and have been informed but are choosing to ignore that "Miss M Maidenname" is the name which should now be used.

 

However, when I reverted to my maiden name (by deed poll) I also changed the spelling of my firstname, having been given a stupid spelling by my parents I changed it to the normal spelling.

 

Presumably any legal action they may wish to follow will use the full name on the papers which will mean both the first name and surname listed have not been used for over 4 years. Does that matter?

 

But, also, what I am concerned might become more relevant is that if I am so insistent I no longer use that name, can that backfire on me because I am trying to take actions under my current name?

[spamheed]

I don't think it would have any bearing on this matter as you are both persons, with both spellings.

 

If the debt was taken out in married name, then it is understandable that they would pursue in that name.

 

Of course there is the chance that they could be fobbed off by sending back their letters marked "person named not known at this address"

 

should it go to court however, any denial of liability on your part based on this inaccuracy could land you in hot water if the judge shuld ask "have you ever been known as xxxxxxx"

[pinkmoomin]

That makes sense. Of course, I wouldn't try and deny that I was never known under that name. And of course, they would try and pursue the debt in the married name if taken out in that name.

 

My point, I suppose, is that I am annoyed by their ignorance (though I shouldn't be surprised by it) in refusing to accept that I have not been known by that name in several years. Luckily, I don't find the reason for returning to my maiden name as distressing as some people might do and it is not upsetting for me to receive mail addressed to that name. Just bloody annoying.

 

Unfortunately, I think 'not known at this address' is probably a little pointless at this stage since they have been corresponding with me here for over a year.

[spamheed]

This is the way of the DCA, they have a script and a laid out process and do not vary from either. this is why people can have so much fun at their expense but also why people who have no knowledge of the debts they are being pursued seem to be banging their heads against a brick wall.

 

There was a case where a mans wife had died very young and was then pursued relentlessly by some ignorant "person" who wouldn't listen to the mans claims and ignored even a copy of the death certificate. it cost them in money and a lot of negative PR

 

this whole "we are right and you are wrong" mentallity has seen more than one dca come crashing down with nothing, when if they had played fair, they would have been getting paid.

[pinkmoomin]

Going through my credit file today I've come across a defaulted loan account with London Scottish Bank plc

 

It didn't dawn on me to start with that this isn't a loan account, it's a credit card account, originally taken with HBOS.

 

From what I've read and understand, HBOS is (was? I've seen the adminstration stuff) a part of LSB plc. As are Robinson Way (who've been trying to collect**), is this correct?

So, how come a credit card account has turned into a loan account when it's remained within the same group? And does this actually make any difference to anything anyway??

 

 

 

** On that subject, you'd think it'd be easy for RW to find the CCA, wouldn't you, if they're all the same group. I asked for it months ago and am about to remind them to stop writing to ask for payment until they've produced it. However, my new knowledge kind of contradicts my 'you prove you're entitled to collect'!