sainsburys credit card CCA return - now sold to cabot

[firstship]

Scott......thanks for the info as usual very helpful,have taken note of your comments regarding CCA and will amend the letter to suit situation....thankyou keep you in the picture.................Firstship

[firstship]

maroondevo52..

Hi Scott..

have now received another letter from Halifax.

this is HEAVY.

 

 

It starts by saying "As requested they enclose the required documentation to demonstrate a fully executed agreement under section 78 of the CCA1974.

(1)statements complying with section78 of CCA were issued on a monthly basis,

 

 

(2)A copy of the credit agreement which complies with the requirements of theCCA1974 (The Act) and the relevant regulations made pursuant to that act in particular Consumer Credit Agreements Regulations 1983(S1 1983/1553).

 

 

(3) a copy of the terms and conditions both current and historic.THEY HAVE SENT 2X5PAGES EACH OF THE CURRENT AND HISTORIC TERMS AND CONDITIONS.

They go on to say "The executed credit agreement fulfils your request for a copy of the contract binding both parties.Under the section 78 of CCA1974 we are not legally obligated to provide you with the signed agreement.

 

 

We only have to provide you with the signed credit agreement when we seek to legally enforce the debt or take legal action against you.

What we do have to provide you with under section78 of CCA1974 is a true representation of the agreement including terms and conditions .

All terms included on your credit agreement were abbreviatted versions of the historic terms and conditions.

 

 

IT GOES ON TO STATE...As for your comments around the timescale involved ,

allow me to clarify,if we have been unable to satisfy your request within the 12 day formal stipulation we are unable to instigate enforement action until the documents have been fulfilled.

 

 

This does not affect your statutory responsibilities to repay the debt.For the avoidance of doubt the CCA1974 does not prohibit collection activity when the acount is in dispute.

 

 

Please find enclosed a true copy of your credit agreement as requested under section78 of the CCA1974.

 

 

These documents satisfy the requiements of the "true copy" under section189and180 of CCA regulations 1983.

 

 

THEY HAVE NOT PROVIDED A SIGNED COPY OF THE AGREEMENT..............SCOTT.

.what do you make of this letter from Halifax,

I dont think they have complied with my original request,they are trying to say they dont have to.........

 

 

.......YOUR COMMENTS.

.....thanks Firstship

[42man]

So they have sent nothing with any signatures on or anything that has your handwriting on it ? Was it an online application by any chance ? If they are refusing to send you anything that you signed, then there is another way of getting them to do this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[firstship]

Hi 42man.........thanks for your reply,no it was not an online application.I will use the alternative approach that you suggest,see where we get with this....many thanks.....Firstship

[panty54]

subbing

[firstship]

42man.....Hope you give a clue which way to proceed,still have Halifax in default since 13th February 2009,they persist is sending statements showing interest charges and late payment and over limit charges,and in 2nd letter a Default Notice,I have already advised them that they cannot do this whilst in default.If you go back on my thread you will see that in response to my £1 CCA1974 all they have sent is current and historical terms and conditions no document at all with anybodies signature on it....what are your thoughts..............Firstship........THANKYOU

[42man]

I think you have done pretty much all you can apart from issue CPR31.16 as mentioned in the link in post #22 above....

[firstship]

42man....thanks for your advice

 

 

...done cpr.31.16,to date no response,i get the feeling from the tone of Halifax letters they do not have a copy of the signed contract,as long as there are not any last minute surprises ,

 

 

should I just write to Halifax along the lines of

 

 

"if you cannot produce a signed contract then I consider the matter closed as you have no legal powers to collect monies from me ?..................what do you think

 

42man...Hi again..after sending the last thread another letter from Halifax

,containing the usual standard phrases,

however one paragraph states.

 

 

.I quote

 

 

.I can confirm that our legal department have advised that the Bank are not obliged to furnish you with a signed copy of any original application but will do so if a copy has been retained..unquote,

 

 

seems like they dont have a copy I have sent a CPR31.16 no response.....

 

 

......JUST WANT TO THANK YOU FOR ALL THE INFO YOU HAVE SENT IN RESPONSE TO MY THREADS ALONG WITH YOUR FRIEND "SCOTT" REALLY DO APPRECIATE YOUR TIME AND KNOWLEDGE.......thankyou..Firstship

[42man]

Hi Firstship.....please have a read here if you hadn't spotted it - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[firstship]

42Man...thanks for your reply,have read through thread 2119750,admit i had missed this,very similar to my own situation lets hope the outcome is the same as smt37,great result,really pleased,does go to prove help from people like yourself and patience and lots of letter writing you can win through........many thanks.Firstship

[firstship]

Hi 42man..........had a reply to my SAR request today from Halifax,they say they do not wish to respond as there previous letter was their FINAL response (my thread 26th April 2009) and they advise me to use the Financial Ombudsman Service,had a quick look through other threads and cant see any success using FOS.To recap they appear to be unsure that they can produce a copy of the signed agreement(if it has been retained) is their phrase in their FINAL letter.Any thoughts on this should I use the FOS route or is their any other way to obtain the signed agreement copy.Have read the details of the FOS and Im not sure this will be in my best interest.......????????......thanks..Firstship

[42man]

If they have failed to provide a signed copy of your agreement by way of your SAR, then a Letter Before Action would be my next move....

 

Have a read of these - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

[42man]

The other route to take would be to he ICO for non compliance with your SAR....but this could take eons.

[firstship]

42Man ...thanks for you 2 replies will read the 2 threads you suggest and then decide on my next approach Letter Before Action sounds like a good idea.Halifax are throwing up barriers with each letter, I am pleased to see there are replies to their time wasting activities..........................thanks very much....Firstship

[firstship]

Amazing !!!!!!!!!!!!! had a reponse to my SAR,nice big envelope full of statements and a short letter referring me to their website www.Halifax.co.uk/privacy which tells me how they make use of this personal information.HOW STRONG SHOULD I MAKE THE LETTER "Like where is the copy of the original signed agreement,Where are the copies of the Default Notices(that you should not have sent)1974CCAs77/78,Where are the copies sent to Experian,in fact they have enclosed nothing but statements and still charging interest and late payment charges,ANY IDEAS PLEASE.................Thanks Firstship

[firstship]

sent letter ACCOUNT IN DISPUTE and also advised ICO as Halifax are way past their 40 days and not complied with DSAR request apart from sending copies of statements,should they not comply with copies of other documents I have given them 14 days need copy of signed agreement and copies of Default Notices copies of letters sent to credit agencies etc,I have further advised them that since 13th February 2009 they have been in Default of my CCA1974 request which produced T&C only.Assuming they do not reply do I tell them I consider the account Unenforceable,pay them nothing,WHAT IS THE BEST ROUTE....Firstship

[firstship]

received another letter from Halifax(cant copy it onto this thread it is highly identifiable) they state that they are sorry I am upset with them however they have produced all that they have to ref CCA1974 s78 request which is just T&C letter and they do not consider the account in dispute,they will continue to send default notices advise credit reference agencies I must not withold payments and they will continue to charge interest and make charges.However as a gesture of goodwill they will refund £300+(exact figure will reveal who I am to Halifax).They are also aware that I have a SAR request being dealt with by their DSAR team.I have advised them that the account is in dispute (count 1) have not produced a copy of the signed agreement CCA1974s78 as they are required to do.and by sending default notices(received No3 today),charging interest and demanding payment further advising CRA they are very much in dispute.also the SAR request is well over the 40 day limit and just sending statements is keeping the account in dispute as well until I receive all the other Data held along with a copy of the original signed agreement.I have also advised them that the ICO have been informed.WHAT FURTHER REPLY SHOULD I MAKE REGARDING THE DEFAULT NOTICES AND THEIR CONTINUED ATTITUDE OVER THE LAST 7 MONTHS AND THEIR SAR 40 DAY DEFAULT.............???????? thanks FIRSTSHIP

[firstship]

Hi any thoughts on the next move????????????????????????//

[firstship]

had a letter from Halifax"THEY ARE STILL LOOKING FOR THE COPY OF SIGNED AGREEMENT AND ARE SORRY FOR THE DELAY.......much more annoying I have responded 3 times to Default Notices and received no reply,have given them 10 days to respond I require Default Notices withdrawn and Credit Agency Records removed,AM I BEING TO NICE OR SHOULD I TAKE A MORE AGGRESSIVE ROUTE ,have advised the ICO of their lack of any response.................Firstship

[firstship]

Halifax still not supplied copy of original agreement.I have sent them a Nice letter asking them to withdraw Default Notice No3 given them 10 days to reply,they have ignored this for the 3rd time,but have transferred the account to Blair Oliver Scott who are about to receive from me 42Man letter from library ACCOUNT HAS BEEN PASSED WHILST ACCOUNT IS IN DISPUTE........ANY THING ELSE I SHOULD BE DOING APART FROM GETTING REALLY P...........OF........THANKS..fIRSTSHIP

[firstship]

Attatched a long letter from Halifax.I have already sent Blair Oliver Scott their in house debt collectors a letter,ACCOUNT IN DEFAULT SEND BACK TO HALIFAX TO COMPLY WITH THEIR LEGAL DUTIES. I am unsure how to reply to the Halifax letter,it is clear they have not met their obligations regarding CCA 1974 and my SAR request.Although I have a number of letters from Halifax stating they have met their legal requirements,I dont agree with their reasons,ANY HELP PLEASE.......Firstship

dig1079.zip

dig1080.zip

[firstship]

HELP on this one please,I have a feeling that my response to the Halifax letter needs to right on the button,as I dont think they have a copy of the original agreement.....HELP ....Firstship

[johndeevoy]

What will happen now is that they will continue to send DCA/Solicitors letters asking for the full balance and they will default you with the CRAs. I have had this fight now for over 1 year with Halifax. Theres not much more you can do unless you want to take them to Court to resolve the issues i.e. declaration of rights under s142 CCA, default removal, compensation for loss of credit reputation etc.

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

[42man]

Hi FS.....firstly they have cocked up big time....they terminated your account completely incorrectly....they terminated the account only 8 days into your default notice !!......AND no agreement ? and as JD above has said you could take them to court. to get a judge to render the 'agreement' as unenforceable......and possibly for an unlawful recission of contract.....

 

This default removal thread might be of interest... - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/173208-successful-court-action-default.html and this one too possibly - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[firstship]

42Man..Johndeevoy.............Thanks for your replies this gives me the help I need to write to Halifax and thankyou for the links....Firstship