CCAs for Credit card and Loan with halifax - no reply to CCA or SAR

[D1ngle]

Long time viewer so thanks to all the contributors here, it's been a great help!

 

I have sent off for the CCA for a Credit card and a Loan with Halifax. They have sent a letter saying "we'll get it to you when we can". I asked for it within 10+2 days.

 

Is the template online the same for pre and post post 2007 debts?

 

Thank you

 

D

This is the letter you need to send (edit to suit and send recorded)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

 

I look forward to hearing from you in writing.

 

Yours faithfully

[dx100uk]

pers id just send the failure to comply letter from the green library tab top left

 

dont get too nasty yet

 

if they find then it might put you in a bad spot.

 

dx

[D1ngle]

Thanks, I'll wait a while. I'm sure they won;t have the CC one as its over 10 years old, but they must have the loan. It's only two years old.

[fletch70]

If it were me i would not even send that. Remember it has clearly been stated in law what is and what isn't enforcement. Asking for money and marking a default is not enforcement.

Again remember that it only has to be a true copy and not a photocopy as per Carey et al.

It took Cap 1 several months to comply with my cca request.

[D1ngle]

What did you do during those several months?

 

Stop paying?

 

Did they send a true copy after several months?

[fletch70]

My actions were not dictated by the failure to respond to the cca request.

 

I did stop paying and have indeed invited them to issue BR proceedings.

 

They did send a copy that fulfills the Carey judgement however it is clearly a recon for reasons that i will not go into.

I have not heard from them for several months,

[D1ngle]

Thank you, I appreciate the response

[fluggle]

hi, probably put this in the wrong place but thought it was worth adding to the info

 

i asked a card company for a cca nearly a year and three letters down the line have been told it is unenforceable as no agreement exists

not just reconstituted or copied but non existent ,

 

 

has been written off and account set to zero i challenged under the cca section 127 (4)

 

surprised no mention of it on here particularly for those with accounts from like mine

1977 when this company issued cards in place of cheque guarentte cards

no application forms or anything just opened a plain account sent cheque book deposit book and credit card no signature etc

beyond for cheque verifycation purposes only

 

 

the reason for this i moved to france 5 years ago cleared the account and continued to use it occasionally

but then the statements stopped

 

 

i continud to pay asked for statements etc

no reply to any letter for monthes

 

 

i asked for the cca

no reply

 

 

then sent account in dispute and stopped paying

 

 

not received any defaults etc

 

 

this is the result

checked the account online does not exist

 

 

they say and is not on any reference agency site that i can finnd

 

 

all seems a bit strange considering some of the reports on here we shall see good luck to all and don't let thm wear you down

[D1ngle]

Hi All,

 

Hope you can help, I've been searching and reading for days, but couldn't find anything related exactly.

 

In late 2010 I took out a consolidation loan with my bank to cover an overdraft (had for 10yrs+) and Credit Card (10yrs+).

 

All credit was with the same bank.

 

I took this out on the phone and the rep on the phone said the underwriter would only offer the loan if both my credit card and overdraft were removed.

 

I agreed and they said they would remove both the CC and Overdraft facility. They gave me the money but didn't take away the OD or CC.

 

I know its stupid, but after a few months when issues and extra expenses came about I used these facilities again.

 

Then when the increased repayments were due it spiraled and I was using the Overdraft to pay the initial loan. I'm now in double the debt I was originally.

 

I have looked and cannot find my loan agreement and do not remember signing for the loan either (but must have??).

 

I'm not sure, but think they just put the money in my account after the call.

 

I have asked for a copy with a CCA request on all accounts (other thread), but have not had a response in two weeks (just we'll get it to you when we can letter).

 

I'm just wondering if the fact they were meant to cancel my facilities and the underwriter only approved the loan based on my bank removing the facilities makes the debt unenforceable?

 

How would I even go about proving the above if its not recorded on the agreements?

 

Really appreciate some help....

 

Thank you

 

D

 

Should add:

 

1) I have not missed any payments yet, but in Feb I will not be able to pay.

2) Loan was £20k to pay for £5k overdraft and £15k card (which started at £500 and they kept sticking up).

3) Loan was 5yrs £500 per month.

[fletch70]

Dam i just typed a long post about why UE is not mentioned.

 

Why tell them if they haven't complied,only do that if they pass it on or threaten legal action. Then remind them,that should shut them up.

[D1ngle]

So fletch you're saying. Don't remind them, hope they forget and then when they try to take it further I can pull that Rabbit out of the hat?

 

I have another debt with the same bank and it's overdraft. That doesn't count on CCA does it?

 

Also I keep reading that its only valid on pre 2007 debts?

 

I appreciate the responses. I can't pay the debt now as I got into a spiral of using the overdraft to pay the CC and loan, and cash advances on the CC to pay the OD and Loab. Stupid, but you hope things will turn round!

[dx100uk]

imho i would get an sar off to them

 

i'm wondering if there might be penalty charges and PPI

on the cards etc

 

there is nothing to stop you reducing your payment

 

hardtimes are hard times.

 

we're all in it too.

 

dx

[D1ngle]

Thanks for the advice. What would I be hoping would be in the SAR? Evidence of the terms where they say about the removal of other credit? Or just so I claim other charges?

 

I don't think the Loan has PPI, but I know I had a load of PPI and Overdraft charges back around 2002-2004. I believe this is too late to claim back, which is why I haven't tried yet.

[fletch70]

Well assuming you have proof they received the request and assuming it is pre April 2007 then yes that is what i would do.

Don't forget that enforcement doesn't include any action up to and including the issue of a claim but the proveable non compliance with a cca request is an absolute defence.

You need to be a bit more careful if you have assets such as a house.

 

As for the O/D there are ways to play sillybuggers with them but i can not remember exactly how. I am ping longing with wescot at the moment, today they said it wasn't covered by the cca request and were returning my fee. I have never sent them either,only letters referring to the WU directive of 2010.

 

As for getting into debt through stupid behaviour i wrote the book on it.

[D1ngle]

Thanks.

 

Before I found this site, I signed the CCA. Many examples of forging? Am I screwed?

 

Loan is after 2007. Anything I can do>?

[citizenB]

It is not to late to reclaim charges and or PPI ?

 

You do however need the informaiton in order to do so.

 

Most consolidation loans were indeed sold with PPI so it might be worth checking on that.

 

was there any PPI on the credit card ?

[D1ngle]

Okay, I'll go about that.

 

Yes PPI was on there until 2003. I was spending a lot on it. I was a student when I took the card out i.e. no job!

[citizenB]

Then that would be a good start - if you were a student with no employment then Payment Protecton Insurance was mis sold !!

 

Subject Access Request - statements - spreadsheet - reclaim !!

[D1ngle]

I'll SAR them tomorrow!

 

Thanks

[fletch70]

Ok so not the best start but they haven't replied yet. On top of that they do not need a signature to comply with a cca request.

 

Do you have the default notices?

Sometimes they are a second line of defence as they are often wrong. People may try to tell you that this is a minor error but there case law to say it is not a minor error.

 

Anyway you sent two cca request off?

One pre one post April 2007.

If they do not reply the pre one is ok,but it can take them months.

The post 2007 i am not sure about,will check it out.

 

If the loan sends you back an agreement i would try to negotiate token payments but that can be done when needed.

 

Remember as well.the credit card may send you a recon back but if there are errors it would still be unenforceable.

 

Really wish i could help you more but my knowledge only fits my situation.

 

I have no assets no job and lots of debt,what can they do to me.

[D1ngle]

Ok so not the best start but they haven't replied yet. On top of that they do not need a signature to comply with a cca request.

 

Do you have the default notices?

Sometimes they are a second line of defence as they are often wrong. People may try to tell you that this is a minor error but there case law to say it is not a minor error.

 

Anyway you sent two cca request off?

One pre one post April 2007.

If they do not reply the pre one is ok,but it can take them months.

The post 2007 i am not sure about,will check it out.

 

If the loan sends you back an agreement i would try to negotiate token payments but that can be done when needed.

 

Remember as well.the credit card may send you a recon back but if there are errors it would still be unenforceable.

 

Really wish i could help you more but my knowledge only fits my situation.

 

I have no assets no job and lots of debt,what can they do to me.

 

 

I haven't defaulted yet. I've been using credit to pay off credit and now its all out. Feb I can't afford.

 

I did the CCA at the same time. A credit card and OD are from pre 2007 but the Loan is post. The loan was to consolidate and the terms were that they would take the CC and OD away, but they didn't and a few months later I fell into that trap.

 

Thanks for the relies though I appreciate it.

[fletch70]

Ok that is out of my experience but i think you have grounds for a complaint. I am afraid with the loan even if they do not provide an agreement they can still issue a claim.

Lots of experts on here but also other sites out there. I like ********s. I know for a fact there is someone there with a consumer credit licence to give advice and a lawyer. There maybe such people here,i do not know.

 

Sorry seems i can not mention the site.

[D1ngle]

Ok that is out of my experience but i think you have grounds for a complaint. I am afraid with the loan even if they do not provide an agreement they can still issue a claim.

Lots of experts on here but also other sites out there. I like ********s. I know for a fact there is someone there with a consumer credit licence to give advice and a lawyer. There maybe such people here,i do not know.

 

Sorry seems i can not mention the site.

 

Thanks.

 

Can you put a * in between each letter? e.g. h*e*l*l*o.

[fletch70]

I think i'll get banned if i do that. Let me have a think..

[dx100uk]

no please dont encourage people to break our rules

 

there are good reasons for them.

 

we often find these site then refer you to the results of my red warning below.

 

i think its time you SAR'd the OC's

 

i bet you've fees & pi etc to reclaim here

 

esp as this was a consol loan

 

the debts that were rolled into it prob had fees /ppi

 

thus more interest and poss more PPI

 

dx