wescot final notice for halifax cc still in my maiden name

[brassed-off-2]

Hi all

 

Can anyone point me in the right direction.

 

Have arrears on halifax credit card, that i took out some 12 - 13 years ago. Arrears stand at approx £700.00, Have not had a card to or spent on this account for a good 4 - 5 years now, it is possibly coming into the 6th year. Hence Wescot are chasing with avengance at the moment.

 

This account is still in my maiden name, although i had advised them at the time of marriage etc, they failed to amend it, when i chased to reclaim the charges approx 2-3 years ago, they refused but wanted me to provide another copy of my marriage certificate, sign forms, call into branch & sign forms etc, i intentionally ignored their request to do so, with the intention of investigating my legal stance on this etc.. This card is linked to my other accounts (now obviously in my married name) with them and they know it. No statements have been sent to my address for approximatley 12 months or so now. The address has not changed for 10 years, been married for 4 years now.

 

What advise can you good people give me on this situation, there is approximately a higher amount of charges outstanding to me than there is arrears on the card, although i need to dig out my files and get this confirmed.

[brassed-off-2]

Can anyone help please, Wescot have issued me with a final notice for a Halifax cc that i took out approx 12 - 13 years ago, i have not had or used the card for approx 4-5 years, and i have a feeling that this debt is now coming into the 6th year, hence wescots present perseverence.

There are alot of charges that i have previously tried to claim back on this card,but to no avail, which are more that the amount claimed on the arrears.

I did clear the balance once, but the final figure they gave me was incorrect and had not taken into account the correct interest charge etc.

 

When i married 4 years ago, i provided the halifax with a copy of my marriage certificate etc (in the branch, i think?) home address has remained the same for the past 9 years also, so even though the halifax were/ are aware of my married name as other accounts show as linked to this one (on my internet banking page)etc, they have been unable to do anything about it i assume? as when their calls and other DCA calls start asking for Miss xxxxxx, Husband or I say she no longer lives there which is correct in as round about way.

 

Should i write to the DCA and/or the HALIFAX requesting a copy of original CCA ?

If so who should i write as ?

Any info/adviced will be greatley appreciated. thanks

[brassed-off-2]

Can anyone give advice as to what i should or should not do please ???

 

Do i send the cca request to dca, halifax or both ??

 

thanks

[Pinky69]

Cca to Wescott

[brassed-off-2]

Thanks Pinky

 

I asume there is a template letter on here somewhere?, could you point me in the right direction. I am newish to the forum, so still finding my way around, amidst all my own confusion..

 

sorry one last thing, would you advise i use my maiden name or advise them of married name also ?? not very sure eitherway on this one ??

 

Thanks again

[cerberusalert]

Yes use your maiden name. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[brassed-off-2]

Thanks Very much, thats really helpful, will get on with it and let you know as soon as i hear anything.

[Chris_w]

You need to get your info together input it into the calculator and find out how much they owe you. If it is more than owed on the card start the reclaim process. they should roll over pretty quick with a CC claim because they can't have it stayed. Have you checked your credit file? it may well be that the account has been defaulted and frozen at £x.xx the amount they feel is outstanding. If you have not had a statement for over a year you need to send a SAR to get an upto date picture of what they are claiming and what they owe you.