1st credit/halifax CC - trying to delliver SD - help

[babybear39]

Lots of DCAs are given permission by OCs to use their letter headed papre.

[siamshops]

As I mentioned before this SD was delivered by a courier but was not signed for just posted, If I apply to get it set aside how can they prove I have done it within the correct period of time as it was not "served".

The reason for setting aside would be that I have put the account into dispte as they have failed to comply with my CCA request.

Does this sound correct.

Thanks for the advice and help

[42man]

You are absolutely right.....as I said above i'd wait to see their next move, if somebody starts delivering calling cards, or a person calls, be cautious, it may be a process server attempting personal service on you. However with no signature they will struggle to prove it was delivered. There could be a number of reasons for setting aside, I suggest you take some time out to read through other stat demand set asides in here - http://www.consumeractiongroup.co.uk/forum/showthread.php?286074-Statutory-Demand-Issue-amp-question&p=3227954&viewfull=1#post3227954 and Legal Successes here too - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

For good measure you send a SAR AND a CCA request off to the original creditor.....you would be well prepared in case they take it further..

[siamshops]

Spoke to someone at community legal advice today and was told that I should try and come to an agreement with Connaught as the fact that they failed to comply with my CCA request will not stand up in court.

[42man]

If that is the only reason you are disputing it then yes that may be...but did you ever see any assignment ? default notice ? termination notice ? penalty charges ? PPI ? is the agreement correct ? does it contain the prescribed terms ? do the interest rates correspond with the agreement ? would there be any abuse of process ? I suggest you have a good read of the links I gave above.....

[siamshops]

The edited version of the agreement they sent me was a photocopy of an visa card application form.

[lilly white]

OK how are we doing with the SAR Do we know that the amount that they are claiming is correct................Can they prove it.

look I could take you to court and say you owe me this amount of money........................where are the statements.

 

.

[siamshops]

SAR has been sent not heard back yet. The amount is correct copies of statements were sent with a copy of the visa card application form which was sent in reply to my CCA request.

I have put this account in dispute as they failed to my CCA request.

Shoukld contact them and remind them of this 18 days have passed.

Thanks for the help

[siamshops]

Hope this is better, thanks

CCA received .pdf

[lilly white]

Where are the terms...................is this the only copy

[siamshops]

With the copy of the application form were the attached 12 pages. They arrived to me as poor quality photocopies. I am sorry about the poor quality of the attchments but thats about the best I can do.

Page 2-

Credit Agreement Regulated By The Consumer Credit Act 1974

Copy For Retention By Customer

This is a copy of your agreement with us for your halifax credit card account incliding conditions which apply.....

Agreement

I agree to be bound by halifax credit card conditions and understand that they form part of ths agreement. I consent to any details being passed to other companies in the halifax group, for marketing and administrative purposes..............

 

Under the title conditions it goes on to state the APR is 18.9% for purchases and 20.6% for cash adavances and within 25 days of the date of your statement you must repay 5% of the amount you owe us or £5, whichever is lower.

The last 7 pages seem to be manily about insurance.

Thanks for all the advice.

[siamshops]

Have not heard anything from connaught regarding the SD.

Have receievd a response from the orginal creditor regarding my CCA and DSA request.

DSA Request response states that they have recived my fee and they are currently processing my request and a copy of the information that I am entilted to receive will be supplied as soon as possiable and certainly within the 40 days allowed, the letter also asks that I contact them on the above number to ensure they match my exact requirements.

CCA Request response states that a a copy of my reconstituted version of the executed agreement comprising both the original and current terms and conditions and that a copy of the original signed application form has been requested from the relevant department to comply with my section 60/61 request.

 

Not sure what to do next any help would be great thanks.

[Bazooka Boo]

Sit tight and wait for them to deliver your request.

[siamshops]

Arrived home today to find a piece of paper from Assist. saying their driver called with a delivery but there was no answer please call to arrange another appointment.

The phone number is linked to debt collection.

[42man]

Have you sent a CCA request to 1st Credit and Connaught ? I suggest you do if you haven't....

[siamshops]

CCA request was sent to first credit last year to which a copy of my visa card application was sent to me.

I sent a CCA request to the original creditor more recently to which the follwing was receieved.

"I have enclosed with this letter a copy of the reconstitued version of the exexuted agreement comprising both the orginal and current trerms and conditions.

Plus a copy of the signed application form.

The copy of the agreement enlcosed with this letter complies with requirements of the Consumer Credit Regulations 1983.

[siamshops]

SAR also returned by original creditor-

Copies of statements included

Various print outs of information held on computers.

Not really sure what I should be looking for any help would be great thanks.

[42man]

I would check that the agreements correspond and the interest applied on the statements is correct. Also are there any PPI premiums on the statements ? is the PPI box ticked ? Did they send any copies of default notices ? are there many excessive charges at all ? any notices of assignment ?

[siamshops]

Will check the interest rates and PPI.

No copies of default notices or notice of assignment have been sent to me.

Yes there is charges on certain statements mainly for late payments.

Thanks fpr your help.

[siamshops]

1st credit and now connaught have been hassling me for a credit card debt of arounf 9k for over two years. I have sent CCA requests and have put the account in dispute in the past and have had a lot of help fom members of this site.

CCA request to ist credit resulted in a copy of a visa card application form and a copy of a credit agreement which does not have a signature on it. Copies of statement have also be sent to me.

I have sent a CCA request to the original creditor and recieved the same copy of a visa card application form plus reconstitued versions of the executed agreement both original and current.

Why would a copy of the current agreement have my name on it?

Interest rates are correct on the original agreement but not the current.

On the original agreement it states that a £20.00 fee will be payable for late payments and if you go overlimit, I have been charged £25.00 for both.

I have sent a DSAR request to the original creditor which contains a large amount of computer generated lists of information I do not fully understand, no copies of default notices or notices of assignment have been sent.

From the statments I can see that I have been charged over £250.00 in fees and over £1900 in repayment cover.

Early January I receieved an SD from connaught which was delievered by a courier company and put in the letterbox not signed for. After good advice from memebers here I waited for their next move, this week a piece of paper has been put in my letterbox telling me that a driver has tried to make a delivery but there was no answer and I shoulf call their office.

Yesterday a letter was delivered by the post office stating that an agent will be making an attendance on a set time and date to serve a Statutory Demand of behalf of 1st credit.

Can they issue 2 SD,s ?

I think if I can try and get this SD set aside, do I have grounds to this?

I have last week sent a CCA request to Connaught.

Please could the good people on this site offer me some help and assistance with matter.

Thank You.

Edited March 27, 2011 by siamshops

[dx100uk]

12 threads merged

 

please keep to this thread

for any more issue with the same debt.

 

thankyou

 

dx

siteteam

[dx100uk]

After sending a failure to comply letter regarding my cca request, I received the following attachments from 1st credit. I hope they can be read they arrived reduced in size making it very hard to read.

I hope my scanning of them has worked.

Please could somebody let me know what to do next.

P.S since my orignal cca request I have received 3 letters offering 30% discount if I pay in full in the next 3 months, why would they think I have thousands to give them.

Thanks to everbody for your help.

 

the key to all this is the letter that offers the 30% discount.

 

that is always a sign that they know the CCA is un-en or the bal is made of mainly charges & PPI which would negate ant court claim

 

i would totally ignore them from now on.

 

dx

[dx100uk]

With the copy of the application form were the attached 12 pages. They arrived to me as poor quality photocopies. I am sorry about the poor quality of the attchments but thats about the best I can do.

Page 2-

Credit Agreement Regulated By The Consumer Credit Act 1974

Copy For Retention By Customer

This is a copy of your agreement with us for your halifax credit card account incliding conditions which apply.....

Agreement

I agree to be bound by halifax credit card conditions and understand that they form part of ths agreement. I consent to any details being passed to other companies in the halifax group, for marketing and administrative purposes..............

 

Under the title conditions it goes on to state the APR is 18.9% for purchases and 20.6% for cash adavances and within 25 days of the date of your statement you must repay 5% of the amount you owe us or £5, whichever is lower.

The last 7 pages seem to be manily about insurance.

Thanks for all the advice.

 

 

the multiple pdfs you post to date do not contain a copy of the info [like APR etc] you mention

 

all we got was a copy of the T+C again

 

can you please pdf the agreement with only your pers details removed but leave the figures and dates

 

dx

[siamshops]

Thank you for all your help.

Here is what I have received fron Halifax in response to my CCA request none of these documents have come from 1st credit.

IMG11.pdf

Edited March 28, 2011 by siamshops

[siamshops]

Plus a copy of the current terms and conditions. With my name and address on them.

IMGg.pdf