sainsburys credit card CCA return - now sold to cabot

[Dotty50]

Hi Firstship,

 

See you are having fun with Halifax too. I guess a response depends on what you are looking to achieve. If they do not have a signed agreement, then that's their problem but the debt remains.

 

I had a verbal agreement in September last year to reduce my interest rate and am still waiting for written confirmation. Until I get this, they will not get any money from me. I have accepted that my credit rating is now trashed, but what the heck!

 

When will any of the CCC's take notice that a lot of people have stopped paying because they are incensed at the increase in rates despite having a previously unblemished credit record.

[firstship]

Dotty50......

Hi.......

.thanks for your reply yes I am having a very very long protracted not so polite letter writing session with Halifax,

and like you I refuse to pay anything to them until they put my interest rate back to 15 to 17% and of course they have to produce a signed copy of the original agreement and application form, reconstituted T&Cs not enough.

 

 

I am considering charging Halifax for each letter I send them say £25 as we are not restricted by OFT or FOS regulations.

 

 

Your point no agreement, debt remains and your own CCR is shot to bits,not a problem I have no intention of getting into debt again.

 

 

Your verbal agreement with Halifax I am sure you have already found out, dont speak to them,they cannot be trusted not even in writing.

 

 

I wish you success and with the help from this site it is achievable,had 2 successes to date......FS

[Dotty50]

Had a call from them and I believe a letter is on its way...............we shall see

[firstship]

Hi Dotty50.................lets hope the letter is what you want,,goodluck.FS

[firstship]

Hi...All.

...question....

...is their a point at which non compliance with CCA 1974 request becomes legally unacceptable.

 

I have had over a year with Halifax being in Default and it is still not resolved.

 

Halifax have also not fully complied with my SAR this has been going on for 7 months.

 

In all I think they have had long enough to comply in full with both requests I have indicated to them on 3 separate occasions should they not wish to write to me confirming that they are unable to supply a copy of the signed agreement etc,

 

as they are required to in law then I will accept this as legal confirmation that they have no legal future claim against me and the account is void.

 

NO REPLY ...

.....any idea how i stand....

.......??????????......

 

...does their lack of reply put them in a position of the account being void or am I writing my own laws????????????FS

[Dotty50]

Hi Firstship,

 

I believe it is a complaint to the Information Commissioners office next.

 

Incidentally, I got my letter from them, it was very good reading, rubbish and waffle. Shouldn't have expected any different really!

[firstship]

Dotty50........

..Hi...

.. Glad you got your letter....

..... the usual load of Halifax Waffle did you really expect anything else........

........They sure have the ability to produce this by the bucket load,and are happy to go on churning out the same letters to thousands of us.......

 

 

...........I will probably contact the ICO,

I had just hoped that there was some time limitation on this Waffle especially as they ignore the Law,

got the same problem with BC as well,and it that they really feel they are above the law and whats more get away with it.......................all the best,,,FS

 

42man/johnnymitch

...hope you can give me some advice on the attatchments.

 

 

Halifax after being in Default of CCA1974 for 13 months and in Breach of SAR for 7/8 months and I have sent them 3 letters giving them 14 days on each occasion to produce a signed copy of the agreement and other documents my last letter 22nd Feb 2010 produced the attatched response,

 

 

 

 

I am getting fed up with their last minute delaying tactics and I believe the contents of their current letter is flawed on a number of counts plus I have no idea who my client is.

 

 

HELP please......FS

docs of recent.pdf

[freethemice]

IMHO

 

Halifax do not have or have destroyed your original agreement and following the recent Carey v Hsbc case they are probably compliant in their reply by giving you a copy of all they have.

 

The question is what you do next about this.

 

If you take them to court the burden of proof is on you and a reconstituted agreement could earn them victory. If they take you to court this shouldn't be enough. I say shouldn't because many variables arrise at court including how well you present your case and the judge you get.

 

When Halifax cc took me to court I defended and they failed to fill out their AQ's. I am still getting statements from them but so far no DC's and I believe they would now have to apply to the court for permission if they want to ressurect this case.

 

The angle I am working on is data protection. If they have no signed agreement they have no licence to process your data. If they can't process your data they cannot chase the debt.

This pathway is a s10 letter to the data protection officer followed by a complaint to the information commissionaire. You can find the letters in the template libary.

Just sent my s10 letter so I don't know how successful this will be but I do think it is a good legal argument that they have processed my information without my permission and trashed my credit rating causing me distress and loss of reputation.

[sunflower99]

Hi Firstship

I am subbing to your thread and find it very informative and hope you see them off.I am in Halifax fan club too though well behind you as i just got Balir Oliver and Scott set on me or should iI say Barmy Orrible and stupid! They do love the telephone !

[firstship]

Freethemice...........thanks for your reply,I am very interested in your Data Protection line,I will be out of action for the next 7/8 days will contact you on my return............thanks FS

[firstship]

Sunflower99..........with Halifax set yourself in for a long haul,I am sure you are aware Blair Ol SCott are in house debt collectors for HBOS and as you can see from my thread if they are in default tell BOS to return the disputed account to Halifax as you have followed the thread you can see what a pain in butt HBOS AND FRIENDS are..........you will win......FS

[freethemice]

Hi Firstship

I am subbing to your thread and find it very informative and hope you see them off.I am in Halifax fan club too though well behind you as i just got Balir Oliver and Scott set on me or should iI say Barmy Orrible and stupid! They do love the telephone !

 

Depends on my mood - sometimes I play them leona lewis sometimes lady ga ga and sometimes rick nastly. They all hang up eventually!

[firstship]

Freethemice.....

....back in action.

...have you had any response to your data processing letter from Halifax

 

,I am interested in the result as I agree with your thoughts it is a route that I feel has some credible legal standing.

 

I have written to Halifax responding to their last letter which I have posted on this thread,

 

its the usual waffle that T&Cs are all they are required to supply but they will try to produce a copy of the original agreement although they dont have to.

 

My letter is to tell them they have 21 days to produce the copy after which as this saga has gone on for over 1 year

 

if they do not respond I will consider the matter closed from a legal standpoint and any pursuit on their part will have no legality.

 

Hope this may work,still like your data route and will be curious as to their reply...............FS

[firstship]

Hi...

Need some help on the next step if any to the Halifax attachment.

 

In a nutshell Halifax have taken 14 months to respond to my CCA

over this period they have sent numerous letter stating T&Cs are all they have to supply

 

9 months ago SARd them and by September received most documents but still no copy of a signed application form or agreement

 

during the periods in question they have ignored all of the

(when an account is in dispute you may not etc),

the account has been passed Blair Oliver Scott and Robinson Way

 

in both cases they have passed it back to Halifax as the account is in dispute.

I have not paid them since Nov 2008 as they put the interest rate up from 15.9 to 29.5%

but cannot provide me with a copy of the letter that informed me of their intention.

 

Apart from FOS is there anything I need to do,

not keen on FOS but happy to receive guidance please on next step.

.you note they wont discuss this matter any further........

.....FS

 

Hi..Please read the letter attachment ..........

Halifax cannot produce a copy of signed agreement or even an application form signed,

 

they cannot produce any letter informing me of the huge increase in interest rate,

 

14 months CCA default and still persisting with all we have to provide are T&Cs,

 

9months SAR the 3 documents asked for cannot supply.

 

Their attatched letter they do not want to discuss it any further..

.WHAT do I do now sit and wait or reply to them along the lines of no agreement/application form with signatures no account,

do not contact me again....

....or any other ideas....

..thanks..

..FS

 

Hi......Have read no end of other threads

,if I just wait for the next move by Halifax,

 

I feel it will get moved to another DCA or court,as they cannot produce signed agreement/application form do you not think court action doubtful,

 

really not sure which way to proceed on this one........

....any advise appreciatted.........

....FS

halifax apr 2010.pdf

[Dotty50]

There is always the risk that they will try and take you to court but if they cannot produce a copy of your agreement, then it's unlikely.

 

However, as you say, they will just keep passing it around to DCA's until they get fed up, I guess.

 

I just keep writing complaints in, to keep them otherwise occupied, it's worked so far and got balance reduced by a hefty sum of interest and charges for the last 8 months.

[firstship]

Hi Dotty50................I think I will follow your idea and just write to them to get charges/interest removed should have all the details from my SAR statements,thanks for your reply........................FS

[Dotty50]

All the best Firstship,

 

I have started working through the 10 years worth they sent to me and will then write and ask where the previous 10 years to those are!

 

Not many fees charged but it makes you realise, not only how much you spent but how much interest they have had over the years too!

[firstship]

hi...

.....my attatched file

 

Halifax state in Para 4 that in response to my DSAR,

ALL DATA AVAILABLE WAS SENT TO YOU SEPTEMBER 2009..

...I am happy to accept this...

 

......I propose to write to them along the lines of...

......thankyou for confirming in writing as you are required to do in law,

 

that you are unable to supply a copy of the original signed agreement/application form and the other documents I requested..

..Am I OK in assuming their statement confirms their inhability to supply the said documents,

and what would be the next step...

.......thanks.. FS

 

Hi.................QUESTION.....

.seems to be various views on this subject........

...as Halifax cannot supply but refuse to confirm in writing after a 14-15 month CCA 1974 and still in serious default,

 

likewise SAR 8-9 months and have actually confirmed that all documentation in their possession has been sent to me.

 

have confirmed no agreement.

 

CAN I NOW DEMAND/SUGGEST THAT THE ACCOUNT THAT THEY CANNOT PROVE EXISTS THAT ALL DATA INCLUDING ANY REGISTERED WITH THE LIKES OF EXPERION BE REMOVED AND THE ACCOUNT REMOVED FROM HALIFAX FILES AND ANY FURTHER COMMUNICATION ON THE SUBJECT WILL HAVE NO LEGAL STANDING AS THE CCA1974 IS STILL IN SERIOUS DISPUTE......

.......,,,,,,,,,,,any thoughts or ideas.......

...thanks..FS

[Dotty50]

Hi Firstship,

 

There is nothing to stop you asking them this but whether they would agree to remove the information from the CRA's is a different matter and I am sure they will argue that the information is correct.

 

Whats the current position with this, are they chasing you for payment?

 

Halifax have gone silent on me, I just kept writing with a continued complaint and they did admit to not being able to supply original T & C's so I guess they have not got an original agreement. Maybe that's why they refunded over £1600 back to the card as a sweetener to get me to pay!

[firstship]

Hi Dotty50............

....Current position letter today from Halifax,

stating they will not reply to any more letters that I might send

this is the 3rd letter of this nature,

 

they suggest I contact the FOS,which I have done for what its worth,

FOS dont seem to be generally that helpful,

just have to wait and see.Have not paid Halifax since November 2008,

long way to go for SB,

 

I guess court will be the next move by Halifax.

 

Your £1600 sweetener very good I only managed £360,

 

my last letter I tried to claim back another £1100 charges and interest,but they will not reply..........

 

............thanks..FS

[Dotty50]

Well I am just leaving mine well alone now until I hear anything else from them

 

Whenever I make any comment about not hearing, something happens!

 

Robinsons Way now threatening!

[firstship]

Hi..Dotty50......

......Robinson Way should not be a problem,

have read through quickly your original thread and Halifax are still in Default and they have stepped outside of the box,

 

where Albion and Blair Oliver Scott are in house debt collectors so you are still dealing with Halifax.

 

Robinson Way just need a quick letter (or as many Caggers will say dont bother to reply) stating their client Halifax are in default CCA 1974 etc are not allowed to employ an outside DCA whilst in Default

 

I suggest you refer this back to Halifax and I would further remind you that the Data Protection Act has been breached by your company and Halifax.

 

I had Robinson Way on my back for a very short time sent them same details

 

Ive quoted to you and they referred everything back to Halifax,

it will work,all the very best >>>>>>>>FS

[Dotty50]

Hi Firstship,

 

Thanks for that information, I won't ignore it but will send a response politely telling them to go away!

[firstship]

Hi......

.been quiet from Halifax for some time,

 

now had a letter from Capquest

 

,i guess its their standard pay or may send collector to your door

 

,may choose litigation,phone or write by June(date),

 

have sent them a Halifax in Dispute and in Breach of SAR,

 

suggest you return account to Halifax........

 

............anything else i should do?????????????????????..FS

 

Anything I should do......................FS

[Dotty50]

Hi Firstship,

 

I have not had any dealings with Capquest but if you have advised them of dispute, then I guess there is little else you can do.

 

I still get the odd call from Robinsons but nothing else!