Halifax CCA received is this enforceable

[Gaznkaz08]

no i've never had a default or termination notice from halifax, i have sent 2 credit agreement requests and an SAR but never seen anything of a default notice despite the fact they claim to have sent me one in one of their previous letters.

 

 

have you done a subject access request? how long ago did you stop paying?

[sam tyler]

have you done a subject access request? how long ago did you stop paying?

 

 

yes i have done a subject access request but still no sign of any default notice.

 

the last payment i made was approx 2 years ago, its been on the merry-go-round of DCA's ever since.

[sam tyler]

quick update here,

 

just received a letter from Capquest stating that Halifax are offering me an opportunity to pay a lower amount as full and final settlement.

 

If I wish to discuss this offer, I need to contact Capquest before 12th July otherwise it may be withdrawn and further legal recovery action may commence.

 

The only thing they don't state in the letter, is the amount that Halifax are now willing to accept.

[Pinky69]

Capquest just try to keep up the pressure. This is the usual response from a DCA which knows it can do nothing legally. It says it "may" do this and it "may" do that. IF CrapQuest had anything they could move forward with legally, they would have done so long before now.

[sam tyler]

Well Capquest appear to have decided not to pursue this one.

 

This morning a letter arrived from Wescott who it seems are now the company taking this one over.

 

so for anyone following this and to summarise.

 

so far we have had

 

 

Blair Oliver and Scott

 

Moorcroft

 

Capquest (who offered a reduced amount)

 

Wescott

 

 

Anyway a letter to Wescott will be leaving shortly.

 

I wonder how many more DCA's Halifax will send this to?

[cerberusalert]

I wonder how many more DCA's will Halifax send this to?

How long's a piece of string?

[tracybeaker]

subbing - i'm way behind but similar circs

 

good luck

 

why dont you sent whichever DCA contacts you the letter that cerberusalert posted on here for you? each and every time a new DCS gets involved I would send the earlier letter as it's to the point etc etc

 

once again good luck

 

TB

[babydoll0141917]

Hi

 

i had Blair..then Iqor ..Then Capquest Then Robinsons way ...All been quiet now for 14 mths

[sam tyler]

Well it appears that Wescot didn't like my reply to their letter.

 

They now state that they have been in touch with Halifax who have informed them that the documents they have supplied to me are legal and binding and as such fulfils their obligations (where have I heard that before?)

 

Consequently, Wescot now expect payment or my further reasons for my dispute within fourteen days.

Edited September 5, 2010 by sam tyler

[Fred Bassett]

Hi Sam, I'm surprised that I haven't spotted this thread sooner as it's very similar to my own dispute with Halifax: http://www.consumeractiongroup.co.uk/forum/showthread.php?86614-Fred-Bassett-v-Halifax

 

Good luck.

 

Regards.

 

Fred

[Fred Bassett]

Hi Sam,

 

Just checking back on my own thread, I realised that I was already aware of yours, but for some reason I didn't subscribe to it.

 

Regards.

 

Fred

[sam tyler]

well I sent a letter to Wescot outlining the reasons for my dispute, mainly no prescribed terms and conditions and surprise surprise : it was ignored.

 

I today received a letter from Nelson Guest Solicitors threatening legal recovery if no payment offer is made within 10 days time.

 

I will send a copy of the same letter to Mr Nelson but I don't expect it will do any good.

[sam tyler]

Can advise further on this as its now gone to a solicitor

 

does a default notice which doesn't give 14 days to respond apply to an overdraft account?

[lord_tiger_putin]

Can advise further on this as its now gone to a solicitor

 

does a default notice which doesn't give 14 days to respond apply to an overdraft account?

 

What does the DN states, under which section of the CCA? If it is not under section 87(1) but 76(1) or 98(1) then the rules are a bit different and they can give only 7 days.

[sam tyler]

The Default Notice is, dated 1st October 2009. It states

 

 

To remedy the breach in the terms and conditions an amount of £251.12 must be made before 30th October 2009.

 

 

then a second letter dated 14th October 2009 states the following

 

 

A default notice has been issued to you as you are in breach of the terms and conditions of your agreement.

 

You have failed to repay the requested amount by the date shown in the notice. As a result we have terminated your credit agreement.

 

Your account will now be managed by Debt Recovery Dept. No further notices will be given and you are therefore requested to telephone us immediately to discuss repayment.

[mkb]

Nelson Guest are at the next desk to Westcot.

 

 

All this "we expect payment or will take legal action" - uummmmm, go on then - see ya in court!!

 

Oops, I must have misunderstood - you expect me to pay up on an unenforceable debt and you not gonna supply the documents that would prove you have the right to enforce it ?? What a shame muppets, now go and get lost and leave me in peace to enjoy my life without cretins like you invading it.

 

You've send them the dispute letter - dont waste your ink and stamps

 

 

Can you tell I dont feel well this morning?? LOL

Edited September 17, 2010 by mkb

[gileon]

Hi Sam. I'm at exactly the same point as you with my Halifax CCA, up to dealing with Nelson Guest and Wescot.

I've been following all the great advice given by Caggers but not posted before. After such a long time I was beginning to lose my bottle but after reading your thread I'm now back on track!

8-)

Can anyone tell me if there is a difference between a DSAR and an SAR? I expected to see copies of all the letters I'd sent to the Halifax in mine but they were not included.

[cerberusalert]

Can anyone tell me if there is a difference between a DSAR and an SAR?

They're the same.

[gileon]

They're the same.

 

Thanks Cerberusalert I thought as much! I'm surprised that it's so incomplete though.

[cerberusalert]

Thanks Cerberusalert I thought as much! I'm surprised that it's so incomplete though.

Write back listing everything that's missing that you still require.

[sam tyler]

Hi Gileon

 

I know exactly how you feel, there have been so many occasions when I have felt like giving in and making a payment arrangement with Halifax but this site has kept me going.

 

I have now received another threatogram from Pestcot stating that they will be handing my account to a doorstep collector and I cannot revoke permission for this visit as they don't need it.

 

Hopefully the doorstep collector will be prepared for being told that the account is in dispute and that his authority ends outside the front gate, otherwise he may be disappointed.

[cerberusalert]

The moment they set foot through the gate they are committing the tort of trespass.

[gileon]

Hey Sam. Think I'm due the same letter anytime now! lol.

I've just finished writing to Halifax to ask them why the SAR is not complete - give things even more of a stir.

I remember reading, when I first applied for my CCA, that this all comes down to a big set of "kahunas". Got mine back now! Bring on the doorstep collector!

[Dotty50]

Hi now subbing,

 

Just searching the forum for any info on Nelson Guest & Co as I have just had a letter from them!

[lamb909]

Thanks for posting on my thread Sam, have read throgh yours and it makes interesting reading. I will keep an eye out for more updates.

Good luck mate