Response from Halifax to credit Card CCA request

[GARY68]

HI hh

Ive been reading your thread and sounds like they have nothing,but are going to hound you for the money.

 

Have you sar Halifax for your accounts,for assignment and default notice,?

seems to me there are charges to be claimed back and as they seemed to have defaulted you whilst in dispute, there must be charges and defaults to be removed all in one go.

Apex have nothing on you, you could send them this

ACCOUNT IN DISPUTE 25th September 2009

 

Dear Sirs,

 

I write in response to your letter dated xxxxxxx

Your threats of court action

This account is in dispute until a fully executed agreement has been furnished to me,until such time no payments will be given to anyone.

Please take notice that Iam well aware of the consumer law

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order as their are deficiencies that I have outlined before within the agreement,

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you or Halifax proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I would like to draw your attention to the fact that your client Halifax does not hold a signed copy of a enforcable credit agreement with all the prescribed terms as stated previous with my signature on it, the reasons for this is that I never signed one. Therefore the fact that they do not hold such document means that you cannot obtain an enforcement order in court. The case of Wilson-v-FCT sets this out as previously referred to above

 

However should you believe that you have grounds to enforce this agreement, please provide me with a signed copy of the credit agreement that you would consider relying upon? Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement your clients have supplied as it stands is unenforceable, should you be unable to produce a compliant agreement it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. I respectfully request a response to this letter in 14 days

 

 

I trust this outlines my position clearly enough for you

[angel_1]

hiya

 

am subbing to this thread as it has some very interesting points raised

 

keep positive and keep a file with all your paperwork ie all letters and Envelopes - and i pencil in the date ive received any letter or correspondence as it help in the long run, a lesson ive learnt along the journey to become debt free

 

laters angel x

[hammyhound]

Apex are ringing again so I have sent the telephone harassment letter.

 

They also sent a letter saying "if you pay X amount we will match it!!!!! (a 50% discount letter). Tell you what Apex you pay the whole bloody lot as you have bought the debt - idiots.

 

Rant over.

 

HH

[hammyhound]

Wow after all this time 6 years to be precise, Cabot have decided to have a go. Got a letter saying they have bought the debt. Ha ha me thinks its statute barred, certainly no payment since March 2008, not on my credit file as a default, so sent them an snotty email inviting them to take me to court whereupon I will have the matter dismissed and costs awarded in my favour. Told them I will not be corresponding with them in the dim and distant future and if they had any brains they would check these details before buying a load of debts in the hope that someone will pay up.

 

OMG looking back at my thread cant believe it was 6 years ago.