Cca I.f. Received Is It Legal

[sunflower99]

Hi carpinjoy

I asked someone to look at it for you.so hope we will get some more peeps and inputs about your threatograms from other caggers soon

[sunflower99]

Carpinjpoy

Halifax are unbelievable Though I got a letter saying they will take token payments which i offer them at moment and just given them a pyment well over £100 last week which means we will not have money for priority bills and worrying ourselve sick over our fiances this month,They still keep ringing me,It seems the more you pay em the more they hassle you:mad:

[carpinjoy]

I think with them, if you pay them anything, then they just want to bleed you dry, i would not pay that amount to them and leave nothing for my priority bills, you will not get any thanks from them, pay your token only, you will still get the hassle from them either way, allthough you would have some money left for the other more important bills. Just my thought on it.

[sunflower99]

Yes Halifax is the absolute pits,I reckon we both made a big mistake getting involved with them,The joke of it is i beleieve we already paid them with our taxes! LOL as the goverment used our money to bail out Halifax !

[sunflower99]

i made the mistake of talking to one of their DCAs a while back,He was a really nasty peice of work and as soon as i went trough security with him he said i presume you are phonning to pay the whole amount of arrears owing and then procceeded to recite a huge fiqure. He broke oft guidlines and asked me if freinds and family could help.And though i was trying to arrange a date with him to pay something when my pay cheque came in he said that he would not be able to place a hold on any action being done on account unless i paid him something today,After phonecall i was so depressed ,But learned my lesson never to speak to them on phone

[sunflower99]

Hi Carpinjoy

I asked CiTB to look at your thread but she just contacted me that she can not get online now as she has had a power cut all day and waiting for her electricity to be restored but hopefully will be able to look in on your thread later when the problem fixed

Edited September 27, 2009 by sunflower99

[sunflower99]

She says it looks like she signed onto forum but can not access it because her internet connection broken by power cut but she is hopeing to get on later this evening if she can but will be on your thread as sooon as its possible .she has been without electricity most of day!

[sunflower99]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159662-gazza112-halifax-credit-card-12.html

Gaz had quite a few dealings with Halifax including Blair Oliver and Scott,This is his thread

[citizenB]

I sent another account in dispute letter, they recieved it on 22/09/09 their dca sent this to me the day before. Surely they know that they dont stand a cats chance in hell if this goes to court so why send this to me. I am not going to phone either of them and wait and see what happens next.

 

The letter they sent you advising they have been instructed to proceed to litigation.

 

Is it not interesting their statement "You must phone us TODAY". Umm, what day would that be. Perhaps you havent received that letter yet due to the postal dispute ??.

 

I think if you are going to write back to them, the letter provided by SF in post 72 should just about cover it.

 

As far as I can see, there has been no signed agreement sent to you. Just copies of terms and conditions and also a blank template which they say you "Would have" signed. If that is the case, then somewhere in their archives.. they "Would/should have" filed a copy.. dont you think ?.. so where is it , please ?

[sunflower99]

Hi CitB

Thanks for confirming that that is the right letter for carpinjoy to send off:)

[Muffintop]

i have been around and around this issue of what constitutes a true copy and their requirement to comply with sec 77 78 of cca.. I made complaint to oft and also to trading standards,started a thread onthe trading standard response you willfind it if you check my spec..

the way they get around it is they dont have to send an exact copy of the agreement inc any signatures just what they believe is a true copy, also if or when this goes to court my view is its up the dj on the day and what side of the bed they got out of and of course what sort of case you put forward... its so frustrating as no one seemsto want to listen most of all the credit reference agenices who will allow the likes of the creditors to trash you file with defaults and charges, which yes you can fight toget back but its more hassle in the great scheme of the fight. I thought the cpr request would flush out the cca but still nothing from any of mine, mbna x 2 and bcard taken over by calders. seems its either wait to be taken to court, sunflower knows all about that x or attack yoursself but risky.

[carpinjoy]

Thanks to all, sorry for not getting back sooner I took a turn for the worse and ended up in hospital (my first heart attack), Signed myself out this morning. I am allright so dont get panicky, and lets continue the battles. I will wait and see regards this lot, if they proceed to court I think I have a strong enough case to put forward.

[sunflower99]

Hi Carpinjoy

I am so sorry to hear that ,I hope you alright,now,How awful, all this stress caised by these scummy dcas not helped you either,

[sunflower99]

i am glad you feeling better now but were you supposed to leave hospital so soon? My oh was kept in for a week when he had his heart attack

[carpinjoy]

They gave me a right telling off, I signed myself out, they wanted me to stay another 5-7 days. I have never been one for lying in a hospital bed, if I can walk, I am out, I can rest at home just the same and take the medication. A big wake up call to me though,mid 50s normally healthy, just all of this stress over the last year has had a big effect, if it can get to me in this way, then I really worry for the more suspect people out there.

[sunflower99]

I am so sorry to hear that,I know what you maen about hospital though You take care of yourself though ,You should have let them keep you in a bit longer to keep an eye on you.We will give these DCAS grief and get our own backs on them for givng us so much stress,Take care of yourself please xxx

[carpinjoy]

I will, thank you sunflower, going to see the wee fella out to school now, no I am not taking him, just a kiss and wave from the front door, then a rest, speak to you soon.

[sunflower99]

Hi Carpinjoy

Hope you had a nice rest and takeing thngs easy,I had a strange old night ,Spent most of it downing painkillers and wine as i have a painful leg ulcer that keeps giving me gyp plus at nigh so quite often dont get much sleep and also like you worrying about things,Still i find trawling round this site helps take my mind of things,Its awful the stress these DCAS cause us and cetainly not helping our health.With you its your heart with me i sometines get an urge to put a tescoes carrier bag over my head! anything to try and block out worrying about money all the time,My oh keeps threatening to stop takeing he heart medication and run up and down the road a few times saying he wants to finish himself off:( but when we start thinking like that i think about Cag and us not being alone now and helps to keep us both sane,As you say we will fight these lousy **** DCAS together and not worth giving up our lives and health over them,Hope you feeling better now and taking care of yourself.xx

[sunflower99]

The letter they sent you advising they have been instructed to proceed to litigation.

 

Is it not interesting their statement "You must phone us TODAY". Umm, what day would that be. Perhaps you havent received that letter yet due to the postal dispute ??.

 

I think if you are going to write back to them, the letter provided by SF in post 72 should just about cover it.

 

As far as I can see, there has been no signed agreement sent to you. Just copies of terms and conditions and also a blank template which they say you "Would have" signed. If that is the case, then somewhere in their archives.. they "Would/should have" filed a copy.. dont you think ?.. so where is it , please ?

Great advice from CitB! She always comes to the rescue!

[carpinjoy]

Good morning sunflower, feel a bit better now after a decent nights kip, all these different pills that I now have to pop every day yuk. Now to the case in hand, on post 54 what I posted up HAS my sig on it, though I still believe it does not constitute an agreement, I think CitB thinks that it is unsigned. Is I.F. thinking that it is good enough to use in a court as an agreement. Just a little note from me to you, 1. OH does not start jogging,2. YOU leave the placky bags alone, 3. make a cup of tea, and sit down together, think of something nice and have a ruddy good laugh about it. If I can get through this beleave me, anyone can. TOGETHER we will do this, let the OH read this I am with you all the way, I know how it hurts, and the stress that we are under is sometimes overbearing, however, there is some light at the end of the tunnel. If you need to speak more private then you are more than welcome to do so. you know how. Please please take care both of you.

[citizenB]

CJ, is there a company signature on that document ?

 

If they say iti s a copy of the original. Then you need to force them say whether or not they have the original or just a copy or stored on microfiche.

 

It is accepted that the company could in effect sign the document at any time... however if they only have a copy and NOT the original.. then I dont see how they can be permitted to sign a copy and say that it was excecuted at the time it was stored.. if it wasnt.

[carpinjoy]

Hi CitB, no company signature to be seen, just ours.

[sunflower99]

Good morning sunflower, feel a bit better now after a decent nights kip, all these different pills that I now have to pop every day yuk. Now to the case in hand, on post 54 what I posted up HAS my sig on it, though I still believe it does not constitute an agreement, I think CitB thinks that it is unsigned. Is I.F. thinking that it is good enough to use in a court as an agreement. Just a little note from me to you, 1. OH does not start jogging,2. YOU leave the placky bags alone, 3. make a cup of tea, and sit down together, think of something nice and have a ruddy good laugh about it. If I can get through this beleave me, anyone can. TOGETHER we will do this, let the OH read this I am with you all the way, I know how it hurts, and the stress that we are under is sometimes overbearing, however, there is some light at the end of the tunnel. If you need to speak more private then you are more than welcome to do so. you know how. Please please take care both of you.

Hi Carpinjoy

i am so glad you feeling better now.My poor OH has to take several different pills everyday and our medicine cabinet looks like a mini pharmacyand he hates having to take them all but if he forgets he soon notices as he starts to feel unwell so it is important to keep taking them all ,Yes i have managed to stop my OH going on jogging trips and keep away from carrier bags ,If i start getting worried i pop on these forums and remind myself that what ever happpens there will be help for us.and we are not alone, Like you Halifax making my life a misery ,the other banks i have disputes with have gone quiet and not heard a peep out of Restons/MBNA since i set a solictor on them and he won round one for me though i still have round two and crapital one i not heard form since last January but oh no not the Halifax ,I have had several more phones calls from them left on our answer machine and just got a doorstep call lettter from power to connect which they will charge me an extra £22 for on my next statement,I only just made them a huge payment so maybe you right maybe i ought to cca them and sar them and see what they got on me,If they send me a DN notice or like you pass me on to Blair Oliver and scott i will have no option but to cca and sar them and see if there is a chance they not got an enforceable cca and try and claim some unfair charges to reduce balance in case they have go an enforceable one,Thats one thing all these charges they keep slapping on me if i include interest incurred by thses charges as welli should be able to reduce my balance quite a bit but quite frankly i am pi----d of with these plonkers i am paying these plonkers over secured debts and priority bills as i dont really want to get in dispute with another bank but like you say looks like they going to force me too,As you say carpinjoy even if they threaten us with court they can not get blood out of a stone and hopefully if we bring up their awful behaviour even if it turns out they got an enforceable agreement hopefully a Judge will look favourably on us and only get us to pay the plonkers a £1 a month:-D

Edited October 1, 2009 by sunflower99

[carpinjoy]

£1 a month is all I give now and that is to the enforcable ones, the ones in dispute get zilch, Ive got my mortgage, secured loan, utilities and the like to pay first, and they allways will be paid first. 7 cc cards and they are all way way down the list, gutter snipes comes to mind. I may have a problem with I.F. if they think they have a chance with what I have signed.

[carpinjoy]

I got this today, what do you think, I also recieved a phone call from them i answered it as i did not know the number. I told them it was in dispute to send it back to I.F., now i will wait and see what I.F. send as i did not respond to the last load of rubbish sent to me.

Iqor dca.pdf