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hi all..

 

i have defaulted on my halifax credit card .

.they have been accepting 1.00 per mth for 3 mths..

they wouldnt freeze intrest or stop late payment fees.

.im on benefits..

no assets in rented accomadation,no savings,absoulutly nothing,!!

can i claim back the charges for intrest and late fees knowing they knew my situation ??

 

also im still paying 1.00 per mth

..when i hear from them again is it a good idea to ask for a CCA?

cheers guys i love this site

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Sounds similar to me there BD.

 

A CCA is always a good idea no matter what the situation.

 

You can claim back charges also whether they knew your situation or not.

 

They are unlawful and so you have the right to do that at any time.

 

When did you apply for the card originally.. the date?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi BD... thanks. :)

 

Well, 2001.. hmm the longer ago the less likely it is they have the correct documents but we should assume they have until we find out otherwise.

 

I'm sure you know.. but make sure the CCA is sent recorded etc. Be interesting to see what they come up with, if anything. And stick to your time table too. Don't take any rubbish from them should they say it will take 5 weeks for this or 6 weeks for that. You are in control! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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thanks davey77

for a debt that started at 900.00 as now risen to 16,337.53.

..but my limit is only 14.500

so hopefully i can claim back the charges .

.not once did i ask for a credit increase .

.halifax kept putting it up without even asking if i was in employment .

.i have other credit card debt to but the rest excepting 1.00 a mth for now

...am i right in saying they shud produce the CCA within 12 days??.

.i feel so much better having found this site..

.there is light at the end of the tunnel after all

..i dont know what DCA or credit card companies have to gain when u have nothing to offer

..IE money or assets...LOL

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for got to say ..just like you Crap1 were mucking me about kept asking for expenditure forms/benefits etc etc sent them so many times..still no joy ..now in the hand of debitas..who are still within Crap1..ave sent them all details and asked them to write off debt just like u did..i sent that on monday..no reply as of yet :)

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They pretend to you that they care to start with but what they are doing is just finding out if you are telling the truth about benefit etc. The fact that you have shown you don't have the kind of money they are asking for is of no interest to them whatsoever.

 

The CCA timescale is 12 working days (not including the day they receive it) If you are paying by cheque then write "CCA payment only" on the back. They sometimes write back ignoring the detail of the request saying that the £1 has been added to your account but wasn't enough to clear, or some such rubbish. As long as it's recorded, that's all that matters.

 

After the 12 days they are in default and you are not obliged to offer payment. Another 1 calendar month (total 42 days) without complying they have committed a criminal offence to which you report them to Trading Standards.

 

I would CCA every credit card you have by the way to see what comes back. And don't bother signing anything yourself. Use a digital signature. You can make one here for free to drop into your letters easily:

 

Online Personal Signature Maker - MyLiveSignature - Free Perosnal Signature Generator

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I didn't fill in their expenditure forms. They often want too much personal info on. I made my own and they, on the whole accepted them, and didn't query it.

They won't write the debt off... good to always ask bbut i don't see it happening. Hence to CCA route to see if those documents are properly executed or not..

 

How about this for a dream response!

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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oh nice one . WOW bet he/she was a very happy bunny!! yes i sent my own expenditure form ..on the advice of payplan..didnt use they silly ones ..too small anyways ..cudnt fit everything in ,,yep i will send CCA to all..but can bide me time while i sort halifax out first ..but will print forms off in any case ..i feel so much more positive now..i can see you do after your first posting..this site is great and the ppl on here are angels :D

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Well, the sooner you send the CCA the sooner the creditors are in default. Yes i have come a long way and still have the odd hicup here and there but certainly feel more positive after finding this site originally!

 

It can be a long process but you should get somewhere sooner or later following the help from this site! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Mums ok thanks.. bit under the weather but i'm keeping her spirits up. It's her 72nd birthday on Saturday so i'm making a marble cake with icing!

 

Look forward to seeing how things go for you. Read through my whole thread someday and you'll get an idea of the process of communication and will hopefully find some useful tactics to employ. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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oh nice the cake sounds yummy....well update..ive got my CCA ready to post to blair,oliver n scott 2morra...do i count sat and sun in with the 12 days ?? they shud get the recorded letter on monday..so then i count 10 days including sat and sun of nxt wk ??

 

and hows ure day been davey77??

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My day has been good so far thanks BD.

 

For the CCA it's 12 working days (so don't count sat or sun) and don't include the day they receive the request. The clock will start ticking as from the day after so... If they get it Monday their 12 working days will be up 19th March although many leave a couple of days for postage back to you assuming they are on the ball and actually reply with something. :rolleyes:

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 weeks later...

UPDATE..well ive had two letters from blair oliver scott

 

the first was 26th feb stating they are now taking over the debt

( i know they are the bank of scotland.

payment pls pay now blah blah blah

..i sent a CCA to them was signed for on the 12 march ..

 

.i have another letter to day sent on the 10 march so looks like my CCA letter and this one has crossed paths

...saying..

.this letter requires your action.

 

.several attempts to contact you have failed blah blah blah and to phone them or they will get a collector to call possible court blah blah blah .

 

..do i reply to this letter or wait and see if i get a responce bout CCA ??.

 

.i guess i could just right a letter saying i only corresponde by letter ??

 

thanks :)

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  • 4 weeks later...

Hey BD... hows it going? Anything new since the last letter?

 

Personally i always like to reply to their letters with at least something. Going through my thread should show a few 'get lost, account in dispute etc' letters! :)

 

By my calculations your CCA request signed for on the 12 Mar will have reached the criminal offence state by the 28 Apr so if you haven't had anything from them you should start working on your plan of action to report them and if you like you can have the pleasure of informing them of that also!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hi Davey77..going good at the mo fanx for asking

 

no nothing its all been very quiet here..and yes the criminal offence is at the end of april as with the CRAP1 too..crap1 sent a letter saying they wanted my signature b4 sending a CCA ..sent them a bog off letter recommended by curleyben..HFC sent me a letter yesterday ..saying they have reveiwed my account and it wud be an advantage if we had a disscussion blah blah ..and for me to clarify my person circumstance...i think they have forgotten that they acreed i could pay 1.00 per mth for 6 mths ..wich is not up until june ..i still have their letter..will write to them and remind them LOL

 

does reporting these companys with OFT etc really get anywhere davey??

 

have u had any new developments?? and hows ur mum ??

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  • 4 months later...

Hey BD, hows things with Halifax going? If you report anything to the OFT you get a standard letter back. To be honest i don't bother now as they will only direct you to contact TS. Have you done that yet?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hey, mums pretty rough at the mo. In fact have start a blog about it all:

IBS-Diaries

 

I know what you mean about not rocking the boat. Heard nothing from cap1 last year for months so sent a section 10 and boom.. they were all over me like a cheap suit. I think they had forgotten me up til then.

If you here from Halifax then that will be the time to report them to TS! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...

UPDATE...well all has been quiet for 6mths until yesterday when the phone calls have started again .sent halifax a CCA request in march they are well in default and heard nothing since tuesday morning 8.30am was the 1st call ..im ignoring the phone calls ..shall i wait to receive a letter from them before i reply to them with acount in dispute letter ?? thanks

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