Halifax credit card and joys of DCAs

[pagenotfound2k]

Those wishing to see my full thread, can see it at MSE here:- http://forums.moneysavingexpert.com/sho ... ?t=2395537

Basically account is being deal with by Fairfax Solicitors and was on hold. After speaking with somebody, the account has been taken off hold and my monthly repayments will no longer be accepted as adequate to clear the balance. In other words, having my phone call prompting them to look at the account and see it on hold for so long, they have got the hump and taken it off hold.

I have yet to receive a copy of the CCA as per my request.

Help - where to turn?

[diddlydee]

Re: Halifax credit card and joys of DCAs

Hi pagenotfound and welcome! Nice to see you here ;Hi I remember your name from MSE!

Stick around, and you'll get all the help and support you need - we don't allow any of those cruddy trolls you would have got used to on MSE. So relax, pull up a chair, and enjoy your time with us.

1st rule is to never speak to anyone; do all corresponding in writing, and send all letters recorded post, so you can prove when you sent stuff.

Niddy will be around at some point over the next couple of days answering queries on unenforceability, and will tell you the best letter to send. Once you get the hang of it, you'll probably find it easy to pick the right template for the job.

In the meantime, there is a thread here: viewtopic.php?f=65&t=641 which provides lots of useful templates which you can use in response to the DCA's/Creditors.

Why not also take a look at some of the diaries that have been written; it gives you an insight into what happens and how to respond.

Bye for now, and all the best with your journey.

diddlydee

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

Those wishing to see my full thread, can see it at MSE here:- http://forums.moneysavingexpert.com/sho ... ?t=2395537

Basically account is being deal with by Fairfax Solicitors and was on hold. After speaking with somebody, the account has been taken off hold and my monthly repayments will no longer be accepted as adequate to clear the balance. In other words, having my phone call prompting them to look at the account and see it on hold for so long, they have got the hump and taken it off hold.

I have yet to receive a copy of the CCA as per my request.

Help - where to turn?

Hiya, did you ever keep proof of postage and did they cash your cheque from the first and original CCA Request - that's the first thing we need to know 2

[pagenotfound2k]

Re: Halifax credit card and joys of DCAs

Thanks for the support everybody - been wound up about this, wish I didn't bother phoning now, lol.

Yes, I do still have the proof of postage. The cheque was also cashed, and I also received a letter from Fairfax stating all payments had to be made through them not Halifax!

I'm wondering if I should completely bypass the DCA and make my payments directly to Halifax, and stop my standing order to Fairfax? What's the worst that can happen, given that Halifax are still being paid?

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

You're paying into an unenforceable debt? Why??

As they are in dispute of your original request you ought to send a photocopy of the proof of postage and proof of cheque cahing with the following ---> viewtopic.php?p=1502#p1502

You must send this to whoever is servicing the account. NOT necessarily the lender, so if Fairfax are dealing then you send to them.

[pagenotfound2k]

Re: Halifax credit card and joys of DCAs

Thanks Never-In-Doubt, I'd be stuck in mud without you, lol!

I will say that Fairfax did reply to my CCA request, but only sent me a historical statement from the credit card.

If I were to send the letter you have asked of me, the problem I would then have is stopping my payments until I am 100% sure that I won't get any comeback from stopping the payment. Please don't think I am doubting your advice, far from it - I am just a careful person, haha! I would rather send the letter then stop payments once I know 100%.

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

Thanks Never-In-Doubt, I'd be stuck in mud without you, lol!

I will say that Fairfax did reply to my CCA request, but only sent me a historical statement from the credit card.

If I were to send the letter you have asked of me, the problem I would then have is stopping my payments until I am 100% sure that I won't get any comeback from stopping the payment. Please don't think I am doubting your advice, far from it - I am just a careful person, haha! I would rather send the letter then stop payments once I know 100%.

It has been UE ever since the CCA Request was 14 days old so you've been paying into this for ages when you shouldn't be.

Its up to you if you don't want to stop paying, but i'd seriously consider doing so. Point of fact here, you need the account to get defaulted sooner than later otherwise you'll have derogatory data for 6 years after the accounts is closed whereas get it defaulted and the entry is wiped after 6yrs....

Upto you, let us know whatever you decide to do. ;-y

[pagenotfound2k]

Re: Halifax credit card and joys of DCAs

It has been UE ever since the CCA Request was 14 days old so you've been paying into this for ages when you shouldn't be.

Its up to you if you don't want to stop paying, but i'd seriously consider doing so. Point of fact here, you need the account to get defaulted sooner than later otherwise you'll have derogatory data for 6 years after the accounts is closed whereas get it defaulted and the entry is wiped after 6yrs....

Upto you, let us know whatever you decide to do. ;-y

I think it's more the worry of me getting a CCJ that's making me keep my payments up and the fright of having a bailiff come round to my property. I know that won't happen straight away, but it's the uncertainty I don't like.

Say I stop payments and send the letter that you asked me to send - what's likely to happen in the next few months?

What would happen if I kept payments up and sent the letter?

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

Hiya

Do you understand processes, more importantly the legal process? People cannot just "get a ccj" you know, no matter what you've previously been led to believe it can't and doesn't happen like that! The legal background for CCJ issuance is complex enough so to keep it simple,

Prior to being issued a CCJ you must have defaulted on the account and they must have issued correct paperwork such as default notice/assignment notice/termination notice etc. ALSO, the amounts on the default must tally with the CCJ (i.e. the arrears or whol balance - most make mistakes) and best of all, when they apply for a CCJ they will have warned you AND you get time to appeal/set-aside etc with the defence. You could also just back down and agree to settlement if they cease any action


I can't spell out the law to you, but suffice to say the above should help with any concerns you have about a CCJ

;LOL ;LOL

[pagenotfound2k]

Re: Halifax credit card and joys of DCAs

Ok, well I spoke to somebody else tonight and they actually sounded like they wanted to help me but couldn't as they don't deal with HBOS client cases. The person who deal with HBOS cases was busy, but they were also the one I had a run in with the other day.

Anyway, apparantley I have defaulted (broken arrangement?) on the cases a few times - this will have been problems with my bank, but anyway they are there on my case. I have been told that by paying the debt I am liable for it whether or not I have a copy of the CCA - true or fale? Also, will the default cause problems - ie if I stop paying, will say a 4th/5th default prompt the case to go to court?

As said earlier, the CCJ scares me more than anything. I don't at all understand the process - as I understand it, if I default enough times the case is returned to Halifax who then apply to the court for a CCJ when I then get a Deduction of Earnings.

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

Hiya

Ok, lets get the basics sorted here. 1 debt = 1 default, period. You can only be defaulted once, and this lasts for 6yrs whether you pay it off or not... You are liable for it of course, you spent it didn't you? Unenforceability means they cannot enforce the debt in a court, it does not mean you don't owe it!

Read the welcome page and learn about unenforceability by reading other people's diaries - you have a lot to learn!

They cannot go to court if they do not have an agreement, plus they all make threats about court to scare you - seems to be working right? That is why they do it and notice, if you read the letters again properly, it will always say we MAY take legal action. Not, we WILL take action.....

You cannot get a CCJ as this is a judgment, which cannot occur, being they do not have your agreement. As for the deduction of earnings - slooooooowwwww down! What have you been reading? ;EEK

That can only happen with bailiff debts, not a civil debt/dispute! So if you do not pay CSA or Council Tax then yea, you may get an AoE Order but you won't with a CCJ, which they can't apply for anyway - without the agreement.

make sense (yet?)..... ;-)

[pagenotfound2k]

Re: Halifax credit card and joys of DCAs

Okay, I have filled in a financial statement as per their request, and am continuing my payments to them. It seems they wanted to see proof of my income and rent - I refused, quoting National Debtline that it wasn't a legal requirement.

I suspect this is roughly where they'll return it to Halifax who in turn might take it to court. Have been told that they won't take it to court, unless the balance is more than £10K - correct?

This is really troubling me now.

[Never-In-Doubt]

Re: Halifax credit card and joys of DCAs

Hiya

Stop stressing and let them send it off and see what the OC comes back with.....

As for going to court, I could take you to court and get a CCJ for £100 if you owed it, there is nothing stopping them for applying for one no matter the debt value/balance. But understandably, it's not something they jump to do!