Andy01 V Halifax B4 2000

[Andy01]

Hi CB/Cerber can you please check and amend if req this as it ready to go.Thanks

 

Halifax

Business Risk-Retail

10 Carlton Street

Halifax

HX1 2AL

DSAR REFERENCE NO:

1. Halifax Account No:

2. Halifax Account No:

Dear Sir/Madam,

Thank you for your reply to my Subject Access Request dated 26th Oct 2009 which I received on 28th Oct 2009. I made this request on 21st Aug2009 and I received it after almost 70 days and not 40 days.

After examining the documents you have still failed to supply the list below:

 Original SIGNED Copy of Consumer Credit Agreement

 True copies of any notice of assignment and DEFAULT NOTICES & TERMINATION NOTICES INCLUDING SCREEN PRINTS at the time of DEFAULT OCT 2007or enforcement notice that HALIFAX sent me, with a copy of any proof of postage that you hold.

 Documents relating insurance added to the account, including the insurance contract and terms and conditions, date they were added and deleted. (if applicable)

 A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

PLEASE NOTE That unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law- Ezsias v Welsh Ministers-[2007] ALL ER (D) 65 (Dec).

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I look forward to hear from you in writing.

Yours faithfully

[cerberusalert]

That's fine.

[Andy01]

Hi Cerber/CB I know its been long time I thought they will give up. Halifax passed my ac to Robinson way and wrote to them "bemused letter from our template" on 1st of Feb 2010.I got 1st letter dated 12th March is this

http://i698.photobucket.com/albums/vv342/Andy01/halifaxRobin.jpg

 

And on 15th I got their reply with These new T/C.

http://i698.photobucket.com/albums/vv342/Andy01/Halifaxrobin1.jpg

http://i698.photobucket.com/albums/vv342/Andy01/halifaxrobin2.jpg

So what would be my next step please as I already explain them.

Edited March 17, 2010 by Andy01

[griffin036]

Andy -edit that doc!!!

[Andy01]

Thanks griffin Done that.

[cerberusalert]

So what would be my next step please as I already explain them.

Just wait for their next move now otherwise you'll end up in the DCA version of Groundhog Day.

[citizenB]

Just wait for their next move now otherwise you'll end up in the DCA version of Groundhog Day.

 

Agreed:)

 

Hi Andy, hope all is well. Is that all they sent you ? They refer you to clauses 15 and 19 at the bottom. But there is no 15-19. There doesnt appear to be clauses 1 - 15 either

[Andy01]

Hi CB as you guys said I'll wait for their next move. They send me 10 pages of T/C newly printed but no agreement with or without signature.

[Andy01]

Hi Cerber/CB I got this letter from Wescot regarding my 2nd halifax a/c. So Its been passed to them by Halifax. Shall I send them "bemused letter" or anything differ. Advise please.

http://i698.photobucket.com/albums/vv342/Andy01/wescotHalifax.jpg

 

Please also check my BOS thread same time as I got new reply from Cap quest.

[cerberusalert]

Yes send them that letter.

[Andy01]

Hi Cerber

 

One of the Halifax a/c is with RW and I send them the same dispute letter as Wescot. Now RW send me some freshly printed T/C and saying that this is my agreement. Altough NO signature and funny thing is that this copy has got my new address intead of my old one. Previously halifax send me same document with my old address.

http://i698.photobucket.com/albums/vv342/Andy01/RW8018-1.jpg

On this one they got my new address ehere I have been living since 2000

http://i698.photobucket.com/albums/vv342/Andy01/RW80181-1.jpg about 5-6 pages http://i698.photobucket.com/albums/vv342/Andy01/RW80182.jpg

And this last agreement sent through RW but complement slip is from HBOS and got my old address before 2000. I recieved this March. http://i698.photobucket.com/albums/vv342/Andy01/RW80183-1.jpg

 

So what would my reply to be as they keep sending same things again and again by changing address. thanks

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[Andy01]

HI Cerber got this today from RW.

http://i698.photobucket.com/albums/vv342/Andy01/Robreply25.jpg

 

They don't wanna go away. Next please

Edited May 27, 2010 by Andy01

[alfwithhair]

HI Cerber got this today from RW.

http://i698.photobucket.com/albums/vv342/Andy01/Robreply25.jpg

 

They don't wanna go away. Next please

 

Aye, usual Robbersway tosh

 

Further action MAY be taken, but more then likely won't be

[cerberusalert]

Ignore them for now, you've made your yourself clear.

 

All their latest missive really says is that they are going to continue to trash your credit file.

[citizenB]

Ignore them for now, you've made your yourself clear.

 

All their latest missive really says is that they are going to continue to trash your credit file.

 

 

agreed. Just file and forget:)

[Andy01]

Cerber/CB Thanks for replying

[Andy01]

Hi CB/Cerber

 

Got this one from RW after 3 weeks

http://i698.photobucket.com/albums/vv342/Andy01/Rob16.jpg

They almost ignore every thing what I wrote before and love to come to pay me a visit.

[cerberusalert]

Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

[citizenB]

They know full well they cant take court action whilst in default of your s78 request. It is interesting they are thinking of sending a local collector prior to maybe taking court action.

 

Just exactly what is this collector intending to do.

 

Threaten you, break into your home and remove possessions, stand on the doorstep yelling at you to let him in ?

 

All against OFT debt collection guidelines of course. As is turning up on your doorstep uninvited.

 

Cerb's letter is the way forward, andy

[Andy01]

Thanks CB/Cerber

As adviced letter is off to them. As far as I am concern that will be my last letter unless they want to take me to court I think.

[Andy01]

Hi CB/Cerber

Got this today again from HF. I have wrote enogh and explianed them. Don't know what more I can write as they are going in circles.

http://i698.photobucket.com/albums/vv342/Andy01/HF07092010.jpg

 

I am Sending them A/C dispute letter

 

Edited July 13, 2010 by Andy01
Add next action

[cerberusalert]

Send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[citizenB]

Yes, very annoying, Andy. Send them the letter that cerb has linked you to.

 

If they write further after that, then I would just send them a short sharp note advising them to refer to your previous correspondence.

[Andy01]

Thanks Cerber and CB. God bless you.