sainsburys credit card CCA return - now sold to cabot

[firstship]

to my surprise large package turned up from Halifax with reams more SAR documents

the 2 missing items being Copy of signed agreement and copies of default notices,

their letter states this is the complete and final DSAR details.

 

 

I have already challenged them to confirmin writing within 14 days confirming they are unable to produce a copy of the signed agreement,

 

 

to date Halifax have ignored this.Seem to be at the end of the road on this,

I am not paying them and I will continue to pursue them regarding default removal,,,,,,,,,,,,anything else I should be doing????????????thanks

 

 

Firstship

 

Now a letter from Halifax attatched

 

 

(1) final paragraph

 

 

THEY DONT WANT ME TO WRITE ANY MORE

 

 

(2)THEY WANT THE ACCOUNT TO REMAIN WITH BLAIR OLIVER & SCOTT EVEN THOUGH THEY HALIFAX ARE IN DEFAULT OF MY CCA1974 REQUEST AND IN BREACH OF MY SAR IN NEITHER CASES HAVE THEY MANAGED TO PRODUCE A SIGNED COPY OF ANY AGREEMENT.

 

 

(3)HALIFAX KEEP STATING I HAVE GIVEN NO VALID REASON FOR THE ACCOUNT TO BE IN DISPUTE.i THINK THE ABOVE " NO SIGNED AGREEMENT " IS A FAIRLY GOOD REASON,

 

 

I HAVE ALSO WRITTEN TO THEM ON SO MANY OCCASSIONS THAT I WAS NOT PREPARED TO ACCEPT A 300% INCREASE IN THE INTEREST RATE WITHOUT EVEN ADVISING ME AND THEY VERY MUCH REGRET THAT CANNOT PROVIDE ANY DOCUMENTATION OF AN INCREASE APART FROM ON THE STATEMENT WHEN THE INCREASE TOOK PLACE OVER 2 YEARS AGO.

 

 

.i AM OBVIOSLEY GOING TO GET NASTY LETTERS FROM "BOS" WHO I HAVE ALREADY TOLD "THE ACCOUNT IS IN DISPUTE" WITH HALIFAX SEND IT BACK TO HALIFAX AS YOU "BOS" HAVE NO LEGAL RIGHT TO PURSUE RECOVERY. HELP WHAT DO I DO NOW....

..thanks Firstship

letter sept 2009.pdf

[42man]

Well it seems they don't have your agreements....(re your SAR)......is the 40 days up ? when it is, then issue a LETTER BEFORE ACTION as they have not fully complied with your SAR....(you could report them to the ICO but they will take ages)..... - LBA example here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html send this with a copy of your original SAR letter....give them 7 further days to comply.... - this is one cagger who took one financial institution to court for not complying - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html and a couple more useful links here - http://www.consumeractiongroup.co.uk/forum/legal-issues/200771-starting-court-claim-sar.html and http://www.consumeractiongroup.co.uk/forum/legal-issues/204306-fox-cap1-dpa-sar.html

[42man]

Is the account less than 6 years old ? this could be a good angle for you too - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/155691-natwest-loan-cca-help-2.html#post1720924

[firstship]

42 man............the account is just over 6 years old,YES the 40 days are up well past....will send letter before action --keep you in the picture.--thanks again as always very useful advise and links.......FIRSTSHIP

[42man]

Another very useful link here - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

[firstship]

johnymitch..42man....can you give me some advice on the attatched,I think it is no more than an application form but is headed CREDIT CARD AGREEMENT FORM....HELP please.thanks Firstship[

CCA return.pdf

[PGH7447]

is that it. no back page? in my opinion worthless

[silverfox1961]

Agree. Although it does have a credit limit on there, they have left out the APR and repayment terms.

There is also no reference (that I can see) to any other terms and conditions and it also states application

[firstship]

silverfox1961--pgh7447-----thanks for your reply CAN I START THIS AGAIN,,,,terms and conditions on back of account application/agreement,I dispute this is an AGREEMENT I feel it is just an application form there is no indication of APR or payment terms or any of the required items that should appear on an AGREEMENT,what do you think or am i missing the boat on this one....thanks Firstship

 

when you get a chance have a look at my attatchment I do not think it is an agreement just an application form....views appreciatted....thanks firstship

[firstship]

have sent letter before action,

have also sent a formal letter giving them 14 days to produce signed agreement copy and various other copies of documents omitted via my SAR.

 

 

I further stated that should they not reply which they are very good at within the 14 days i will consider the matter closed..........

 

 

.....21 days have gone by,

further letter to them as you have not bothered to reply i consider the matter closed,

 

 

any statements you send will be returned unopened,

 

 

any Blair Oliver & Scott letters will be returned as as far as i am concerned the matter is well and truly closed...

 

 

...ANY IDEAS ON THIS AM I COVERED FROM A LEGAL STANDPOINT OR AM I STILL IN THE CLUTCHES OF HALIFAX AND HAVING TO FIGHT ON ?????????????????????????

THANKS ..Firstship

 

have today received a letter listing all their rights concerning CCA 1974 getting really p....d of my gripe was no response with a copy of signed agreement to my SAR thay have sent almost everthing else,

 

 

no response to letter before action,no copies of default notices or their removal,

 

 

no copy of any letter indicating dramatic increase in interest charges...

....have looked at a number of threads cant quite see the next step.

...Help..Firstship

 

to extend this a little further Halifax for a period of 5 months after my CCA1974 and SAR requests have skirted around with answers to many letters sent to them avoiding actually confirming the existance of an original signed agreement,

 

 

and a letter confirming an interest rate increase to 29.5% they really have gone out of their way with the usual multiple excuses why they should not comply with my 2 requests.

 

 

I have challenged them on 2 occassions comply or confirm the non existance of the required documents,

 

 

have sent letter before action to no effect.

 

 

My last letter has stated comply or do not communicate with me any more and should I receive any demands from Blair O.S.

 

 

I have given you prior notice that it will be regarded as harassment as BOS have no legal grounds to write to me...............

.........IS THIS OK OR AM I PUSHING IT TO FAR....

......Firstship

[silverfox1961]

Hi

Can you post up the back just so that we can be sure where we stand.

 

I still think it will be duff as the general concensus is that the key terms need to be before the signature.

 

fox

[firstship]

silverfox1961...thanks for your reply find attatched the reverse of the the application form,I don think this will suffice as an agreement do you???? thanks Firstship

CCA return.pdf

[silverfox1961]

I am fairly certain they are the front and back of the same agreement and on the front it does refer you to the conditions overleaf. Having said that, I still think the key terms should be on the front.

 

I think you are going to have to wait for a more experienced view. Keep a-bumping

[firstship]

silverfox.thanks for your reply will keep a bumping thanks firstship

[johnnymitch]

Hi firstship , I'm no great expert on this .... but the form is headed "Agreement Form" (not application form as some are .) so it looks pretty kosher to me... there should be other bits , like the T&C s ... but basically it looks like a firm CCA ..... signed by you and the bank ..

 

Sorry mate ..... but if anyone wants to have a look and correct me ... then I don't mind in the least ....

[firstship]

johnnymitch.....thanks for your reply,I am sure you are correct, however I will send a letter and challenge the document, nothing lost should it be kosher...thanks again...firstship

[johnnymitch]

You're welcome firstship .....

 

Let's know how you get on please.... it'll help others.....

[firstship]

Hi need help on this one please,

see attatched threat of court action from BOS.....

 

 

......to save you reading the whole thread..

 

 

..Halifax response to CCA 1974 and SAR have been unable to supply a copy of the original signed agreement and a copy of and proof of my receipt of a letter increasing the interest rate to 29.5% from 15.4%

 

 

I have challenged them on a number of occassions supply all DSAR details which they have done

EXCLUDING the 2 above important documents.

 

 

I have told them on 2 occassions if they do not respond I will take this proof they do not have the documents and if this is the case not to get BOS to contact me as I will consider this as harassment,

 

 

this was ignored the result attached.....

....HELP on this please.

...Firstship

BOS DCA letter dec 2009.pdf

[maroondevo52]

Hi,

 

I'm not sure what your best move is, this is the non-complience poc......

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/130-data-protection-act-non-compliance-particulars-of-claim-

[42man]

Hi Firstship....how about something along the lines of this...

 

Read this, edit and send recorded

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (name oof original creditor or DCA) yet the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[42man]

As for the SAR situation have a look at these...

 

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

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200771-starting-court-claim-sar.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204306-fox-cap1-dpa-sar.html

[firstship]

42man.............thanks very much for your response and the trouble you have gone to it is appreciated,I will send an edited version of your letter recorded,the links have been very helpful as well,and made interesting and a good source of info for the future....many thanks..keep you informed....................Firstship

[freethemice]

Simular situation with halifax cc and an alleged debt of £14k. Despite not producing a valid agreement and talking about accounts migrating they have still put in a court claim for the full amount owing.

You will have to decide on your long term goal.

Are you willing to take the risk and get them to take you to court in the hope that the judge will rule this unenforceable?

Are you in a position to make a full and final settlement offer?

Or would you rather agree payments and have a quieter less stressful life.

It is important to know the waters you are swimming in.

[firstship]

Freethemice...............this has been going on for 11 months and like yourself I am getting fedup with the ducking and diving by Halifax,

 

I will wait for a reply from them to my edited version of 42Man letter and dependant on this,

 

I will have to review the way forward.

 

Your points are very valid,

 

I have no desire to go to court however I will,at this stage I do not want to make any form of offer of payment,keep you posted....................thanks Firstship

 

42Man...............sent your letter ref link 57 to BOS,

 

no reply,the debt has now been passed to Robinson Way (see their name appear on other threads) what is my next move please....happy new year Firstship

 

near year..............BUMP

 

Happy New Year to you all...............

BOS did not respond to the 42man (my link 57) letter after their threat of Court Action for which I thank you 42man it was then passed on to Robinson Way,

 

had their threatening letter and phone calls about to write to them and suggest they send it back to Halifax as Halifax are in DEFAULT re CCA 1974,

 

and also lack of documentation (copy of signed agreement/default letters etc) regarding my DSAR,

 

have also told RW not to phone me.

 

My only worry is this will end up back with BOS and court threats again.......

...........there really ought to be limitations on how long these banks and credit card companies are allowed to send out delaying tactic letters Its been 11 months since Halifax went into Default and still the letters keep coming................regards....Firstship

[firstship]

2 letters today

one from Robinsonway saying they have not as yet received further instructions from their client..

.I will ignore this one.

 

letter 2 from Halifax see attachment.....

 

.My reply will be the 42man letter that I sent to Blair Oliver & Scott see 11th December 2009 this thread.

This latest Halifax letter is full of statements that I find strange.

 

I have written to Halifax over a period of the last 4 months given them 14 more days to confirm in writing they can or they cannot produce a signed copy of the original agreement it has been ignored on every occasion.

 

Can I write and state as you have ignored my numerous requests for the documents and you seem unable to want to confirm in writing your inhablity to comply with my request,I consider the matter closed...

..is this OK or am I not going to get away with this approach.......

.............Thanks FS

 

SORRY NOW UPLOADED PROPERLY---------------,

7 months ago I SARd Halifax and have had,

volumes of letters going back and forth received statements and copies of odd letters

 

NO SIGNED COPY OF AGREEMENT,NO COPY OF LETTER FROM 3 YEARS AGO INCREASING THE INTEREST RATE,NO COPIES OF DEFAULT LETTERS,

need to send letter but not to sure what is the next step

(will send the 42man letter indicated on my previous page)

any ideas please...........

...............FS

 

bump.............................................NEED SOME HELP with the reply to the Halifax attachment..........

 

the only response to CCA 1974 was reconstituted terms and conditions back in april 2009....

..thanks FS

 

Need Help With Response To Attatchment This Thread 66 Dont Want To Send The Wrong Reply .............thanks....fs

halifax feb 2010.pdf