Vampyra -v- Halifax/1st Credit Ltd

[Vampyra]

Before I'm shouted at, Section 36 Data Protection Act - Recording of Calls for Domestic Purposes. Private individual is exempt from having to inform anyone they are recording calls!

 

Sorry about the wibble earlier - bleached my hair last week and going through my blonde phase!

[greendykes]

Vampyra I sent them exactly the same letter..lets see if I get the same reply! Sent mine on the 7th April..heard nothing since. I email them and send letters..as suggested on the Gingerheid thread..no phonecalls from them since.

 

They are just using the usual bully boy tactics we have come to expect..

 

Whats wrong with blonde!!

[Vampyra]

Vampyra I sent them exactly the same letter..lets see if I get the same reply! Sent mine on the 7th April..heard nothing since. I email them and send letters..as suggested on the Gingerheid thread..no phonecalls from them since.

 

They are just using the usual bully boy tactics we have come to expect..

 

Whats wrong with blonde!!

 

 

So am I but the bleach has addled me brain!

[greendykes]

I find wine helps me focus!

[kennyparkroad]

SORRY

 

i meant to say not a very valid letter VAMP

 

sorry if i worried you!

[reduk054]

Hey Vampyra, i feel kinda bad now, cos the letter I sent you seemed to, on face value have backfired, however we know that 1st credit are scaremongers and will be testing your knowledge and your patience.

I am sure that whoever posted the letter originally will know the relevant legislation and maybe you could PM them with a copyy of the letter which 1st credit sent to you? I will try and find that out for you.

You may NOT want to read thereshope's thread just yet, if 1st credit have p*****d you off, as you will hate them even more.

1st Credit/mbna... Applying For Finalcharging Order. Advice Please

 

Hope you ok!

Red

[reduk054]

Vampy, this is the link to the letter in the bank templates, with a little more info from jonni2bad (who you could Pm to see what his response would be!)

luv Red

Harassment by telephone - response letter

[Vampyra]

Vampy, this is the link to the letter in the bank templates, with a little more info from jonni2bad (who you could Pm to see what his response would be!)

luv Red

Harassment by telephone - response letter

 

It's ok don't panic the letter is fine. It was my wibble wot made me question it. Tis fine. I'm still learning too!

 

SORRY

 

i meant to say not a very valid letter VAMP

 

sorry if i worried you!

 

*slaps Kenny on the bum*

 

Bad Boy/Girl/Personage

[kennyparkroad]

im a bad boy! lol

[Vampyra]

This morning I recieved a large envelope from 1st Credit who it would appear are trying hard to pretend they own my debt from Hbos.

 

On 26th May 2007 they failed to meet the 40 day deadline for compliance on and S.A.R - (Subject Access Request). On 3rd June 2007 they committed a criminal act regarding the CCA request I had sent them.

 

The S.A.R - (Subject Access Request) comprises of a load of pages each with a months transaction on, i.e. Your balance this month = xxxx, you made no payment, we charged you payment protection at xxx, total owning has risen to xxxx.

 

They have failed to provide any further paperwork. They should, one would have thought, provided a credit agreement, application form, any letter Hbos have allegedly sent me, etc. Quite frankly these pages of transactions could easily have just been fabricated on a pc.

 

What is extremely interesting though, is there is one page showing that the entire alleged debt has been "charged off" back in 2004. There is no other supporting paperwork to clarify or substantuate this though.

 

I would guess this one is a dead account now?

 

Sorry image is big.

 

[tomterm8]

I am no longer welcome on CAG

[Vampyra]

OK but 1st credit only bought it this year! LOL Interesting. And they said they bought it from Hbos this year too. I have 2 "letters" stating this which were sent to me, but not included in the SAR.

 

Guess they are just picking and choosing their info to send.

[Vampyra]

First of all, sorry for my absence. I've had nothing much to report til now and am about to slay out a few DCA's with some hard hitting letters. I do, however, have a couple of curley questions to sort out.

 

First of all sometime ago I reported I had my S.A.R - (Subject Access Request) answered by Halifax via 1st Credit which was a load of printed pages saying I owed money, not even on headed paper. There was no manual intervetion information, now applications, no CCA, nothing just printed pages a 5 yr old could have done on a PC. It did say that the alleged debt had been "charged off" 3 yrs ago - which I was never informed about, but apparently 1st Credit only bought the debt and now own it and act upon their clients behalf, since April 2007.

 

Enough waffle.

 

Letter from Halifax (all spelling and grammer as per letter):

 

Your Request for information about your account no. xxxxxxxxxxxxx

 

Further to your letter, I am pleased to confirm the information you requested has now been ordered. Once these documents are ready these will be sent to you. If you have not recieved these documents in the next 2 weeks then please feel free to get in touch again.

 

In relation to your request for information about any manual intervention on your account. As the Halifax is not required to record this information I am afraid I am unable to assist you further with this request.

 

In your original letter you enclosed a payment of £10. As the Halifax has decieded to not charge a fee for requests such as this. I have arranged for a refund to be sent under seperate cover.

 

Details of how we make use of your personal information can be found at Halifax - Privacy. The registered data protection notification details can be found at ICO – Information Commissioner's Office. If you have difficulties accessing either of these pieces of information please let me know and I will be happy to forward you a printed copy of either document.

 

Yours sincerely

 

Mrs Miggins

Data Subject Access Request Team

Customer Relations.

 

Obviously no payment has been sent to me.

 

Do they have the right to not record any manual intervention on records? Or are they just not well informed?

 

Please bear in mind I also am getting letters from 1st Credit in Lesbourne Road, Reigate - site of the old bus station, next door to Surrey County Council Offices - Hello Mr Bully Boy! - because they want to give me a CCJ, apply to my employer for earnings attachment - don't work, I'm a carer, seize my assets - don't have any, and put a charging order against my property - sorry don't have own one of those either. They produced no CCA and are well over the 12 + 2 + 30 day limit so cannot collect this alleged and unproven debt.

 

Ideas of what sort of letter to write to both weasels involved?

[Vampyra]

I really think they are behaving so badly over this. Afterall, I thought the Halifax had been in business long enough to know what they are up to. As for 1st Credit....well, I think they need to go back to school.

 

How was your litigation proceeding against Mr Bully Boy and his tactics, by the way, BB?

[Curlyben]

So Halifax have admitted that they don't keep track of manual intervention.

Now that's good, basically means that all the charges are system generated, hence cost nowt.

 

Time to get a reclaim going on this account and offset it against 1st.

bank accounts are NOt covered by CCA, but authorised overdrafts are.

 

The debt 1st are chasing I assume is wholy charges, in that case you have an immensely strong case.

[Vampyra]

No - this is a credit card!

 

So a failure of CCA is pretty good plus Halifax have produced nothing to show I opened a cc account with them. Plus they have, as you say admitted they have no manual intervention on record.

 

1st Credit is chasing for a non-enforcable alleged debt!

 

And Halifax have not sent me the £10 back, so thus should have had to produce everything under SAR.

 

They have no means of proving this. But 1st Credit think they are above the law, as usual!

[Curlyben]

Sorry Vamp, got confused, I seem to be having one of those days.

 

Oh well in that case they can ALL whistle

 

Now rory32 has done an awesome letter that maybe worth a go.

letter's here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear-2.html

post #32.

Read how rory's used it as there is some extremely powerful stuff in it.

[rory32]

Hi Vampy,

Halifax are a bit of a shower. I just got my third letter from them this morning telling me they are experiencing a high number of requests but will be complying with my SAR inside the 40 day deadline. The 40 day deadline was up on 20th May.

 

As for the CCA request I sent them in April I haven't heard a peep from them.

 

I think the manual intervention bit is fairly standard as I got a similar load of rubbish from RBS re any manual intervention would have been done in line with the terms and conditions of your account which you agreed to, blah, blah. So I'm now considering getting a court order just to be awkward.

 

I'll have a think about your letter.

[Vampyra]

Cheers Curlyben and no worries about the "off day" - I have many of them!

[Vampyra]

Thanks Rory!

 

Like the Site Helper status, Sir - well done!

[rory32]

Thank you

[Vampyra]

That link isn't working Curlyben

 

EDIT:

I'm off to do some bits and bobs for a bit, so will catch up with you all later and thanks for your replies!

[Curlyben]

This one will: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear-2.html

 

As I say, bad day, must be going blonde :o

[Vampyra]

OK me again!

 

Due to the amazing help I've had from this forum I have appeared to successfully fend off nearly all my debts - some are now even coming up to the 6yrs cut off period!

 

OK, 1st Credit are hounding me for a debt I don't know. I believe I applied for the credit card mentioned years ago and it never turned up. I just, stupidly assumed, they had, after agreeing to me having it, declined it. I have never had a statement or anything. So if some unscrupulous blue tit has wracked up £1300 in my name, I'm not sure what to do. I know I should CCA but what after that?

 

Al advice greatfully accepted.

 

CapQuest - hmmmm! They rang this morning - my goodness how much money is being wasted paying Bank Holiday wages to these people?

 

OK the story here is I had an HSBC credit card was all going ticketty boo when they decided in Christmas 2007 they were pulling the card. No good reason, except they stated they didn't like the way I ran my current account so decided to stop the credit card. When I wrote and questioned this I was treated like the idiot all the banks think we are - not that I have ever lost so many millions but there you go!

 

I was struggling to pay back the debt at £70 per month and in a year paid off around £200. So after trying to ask for the interest to be freezed because of being a full time carer and being send on my bike, I stopped paying as I just couldn't afford to pay this out and not be paying off the debt.

 

Now I found the CA and it's dated Feb 06 - I think this is before the change over isn't it?

 

My signature isn't on it - obviously that version went off to the HSBC at the time. It has the prescribed terms on the first page and the whole agreement is on 4 seperate pages.

 

I am going to CCA them after this fine Bank Holiday, (they are on holiday? Now come on, lose millions and have FREE holidays! 80 ), but I wondered if anyone out there had some advice for me over this.

 

Many thanks in advance

[babybear39]

Hi Vampyra Hope you are doing well (appart from the DCAs).

 

Send 1st crud the 'prove it' letter from here, it's number 16:

 

The Consumer Forums - Debt collectors

 

As for capquest, use the normal CCA route. The template is on the link above, letter number 6.

 

Good luck and best wishes,

 

BB