application forms used for CCa's

[equinox747]

hi, I'm new here so hope I'm on the right track, in good hands with Niddy and the guys:
Well my wife has a debt for around 5k. AROUND SEPT 2001 ...lost my business and just couldn't pay anymore kept in contast contact with Halifax and they agreed a £1 per month payment plan....Halifax transferred this to their in house solicitors/Blair- Oliver-Scot, had all the usual guff about 'Immediate court action blah blah blah...so sent off for CCa. and Blair- Oliver-Scot sent me a HALIFAX Application form with the T&C's on the reverse side of the paper: can't understand this as she had a HALIFAX ACC, but gets a HALIFAX APPLICATION FORM: all i can think is that HALIFAX BOUGHT the debt off BANK ONE WHILST it was 'ACTIVE' and was in use????
so to the application form itself ( i will post as soon as Niddy say ok) BOS accepted the same terms as Halifax did £1 per month.....
but my concern is that the T&Cs is one sheet of paper, with incomplete T&C's on the reverse side
the signature box is on the from and the T&c on the back, i suspect this is manufactured??

(this i think renders it UN-enforceable,)? however I'm sure I'll get the help needed to verify although i have read that although the T&C's are on a separate piece of paper it can still form part of 'the document' but the signature is not in the T&Cs, it's this i believe that may render it UE? however back in the '98 i was too savvy... so agreed with BOS, for £1 per month which they accepted...then got a letter from Halifax saying they were transferring the debt to by 'deed of assignment' to -Cabot Financial'...whom i add continued to accept the £1 per month payments...so should I

1) now CCa Cabot,to see what information they have on this account?
or
2)be better of requesting a SAR request, could well be worth the £10? anybody got any thoughts on this, or should i just ask for the CCa' ?

I just get the gut feeling that the DCa's are waiting for me to die, although an equity release will sort that out
So hope i've got this in the right place??? my apologies if not.

[Never-In-Doubt]

Re: application forms used for CCa's

Let me see what they have sent and we'll take it from there. Bank One was a subsidiary of Bank of Scotland yonks ago, it's one and the same. Suggests that maybe when the card was opened, it was old, which would be about right - ie this account must have been opened prior to 1995....

Lets see what they send you anyway

[equinox747]

Re: application forms used for CCa's

Hi, I guess I got it right. Whew:
Well I have a debt for around 5.5k. by BANK ONE from ’98…this was I think bought by Halifax after my business went pear shaped I just couldn’t keep up with payments, wrote to Halifax and they agreed a £1 per month, this was then subsequently transferred to their in house solicitors/Blair- Oliver-Scot, who agreed to accept the arrangements I’d setup with HALIFIX I then. Sent off for a CCa. and Blair- Oliver-Scot sent me a BANK ONE APPLICATION form with the T&C's on a separate piece of paper: so to the application form itself is in two sheets of paper, with T&C's on the second sheet
the signature box is on the front sheet and the T&c on a separate sheet of paper, I suspect this could easily have been the T&C @ the time I requested the CCa, and not the original one I was supposedly signed.?

(This I think renders it UN-enforceable,)? Although I have read that although the T&C's are on a separate piece of paper it can still form part of 'the document' but the signature is not in the T&Cs, it's this I believe that may render it UE?] however back in the '2008/9 I was not too savvy....then got a letter from Halifax saying they were transferring the debt by 'deed of assignment' to -Cabot Financial'...on the same day: just by coincidence the deed of assignment transfer letter from Halifax came in the same post as the letter introducing Cabot financial whom I add continued to accept the £1 per month payments. After writing to Halifax and receiving written confirmation that the debt had been ‘sold’ to Cabot financial, and that any monies should now be paid to them:

If my alleged debt has been sold, then am I not entitled to know for how much, and wouldn’t this be set off against my commitment towards the ‘alleged debt’?

I just get a gut feeling that they are playing a waiting game. So should I

1) now CCa Cabot, to see what information they have on this account?
Or
2) be better of requesting a SAR request, could well be worth the £10?

shall i email Niddy the other CCas?

[Pixie]

Re: application forms used for CCa's

How many ccas have you got for this account? Whatever you've got send to Niddy ---> User Guide - Sending your Agreement to Niddy - allaboutFORUMS

I would be sending Account Sold whilst in Dispute - allaboutDEBT UK to Cabot.

No, you're not entitled to know how much the debt has been sold for nor can you offset that amount against the alleged debt

[equinox747]

Re: application forms used for CCa's

Hi Pixie,
many thanks for advice, and clearing that up over the 'sold debt to DCa' being able to 'offset the amount: it's not that they haven't sent a CCa' it's just about the enforceability side of them. Niddy's going to check them out for me and let me know? here's fingers crossed,sorry if i got my previous posting a little mixed up, as they are both being dealt with by Cabot financial and both had been with Halifax.

[Pixie]

Re: application forms used for CCa's

You found your thread while I was busy telling you how to find it

So there are 2 debts? Send both ccas to Niddy and send the Sold While in Dispute letter for both of them. Remember to sign digitally ie use a handwriting font in Word.

[equinox747]

Re: application forms used for CCa's

hi Pixie,
yeah found my way round with a lot of luck sent CCa's to Niddy, just so i get it right, although i' have agreed monthly payments setup for both of these accounts, i should send a letter of Sold While in Dispute letter:...?

I never formerly disputed the debts with Halifax, just asked them for CCa's which they sent, and as i was un-sure about their UE and Halifax had agreed £1 per month, i just left the status Quo they way it is. not wanting to wake the sleeping giant. I did that with a HSBC account, and didn't realize that two pages although separate can form ' a document' as there was a positive link from page 1..to page 2...Got a CCj for my troubles. but fortunately settled out of court and they agreed £1 per month on that one, hence my hesitancy to follow through with Cabot with these 2 debts: will wait for your response and advice, cheers

[Pixie]

Re: application forms used for CCa's

I would leave things then for the time being and wait and see what Niddy says about the ccas.

[Never-In-Doubt]

Re: application forms used for CCa's

Well the one in your wife's name is UE and the one in your name is EN

I would treat them both as UE for now, why not?

Issue missing PT's template to both...

[equinox747]

Re: application forms used for CCa's

Well the one in your wife's name is UE and the one in your name is EN

I would treat them both as UE for now, why not?

Issue missing PT's template to both...

Hi Niddy,
that's good news, re' my wife's...What's PT ??sorry I've started a letter to Cabot with the following:




Dear Sir,
I am striving to put my financial commitments in order, and refer to your Acc#............................although I have been paying £1 per month, I can find no reference to this account:....

and then i've used a CCa request template, is that ok?

[Deepie]

Re: application forms used for CCa's

Hi Niddy,
that's good news, re' my wife's...What's PT ??sorry

Here------> CCA Query - Missing Prescribed Terms

[equinox747]

Re: application forms used for CCa's

Thanks Deepie,
WOW, that's some template letter OMG. I'm bricking it, just reading it...!will get it sorted for Monday.

[equinox747]

Re: application forms used for CCa's

hi, guys
i wonder if anybody can give me some advice, on ' Debts when you die'
I've read on different sites that they do not die with you, however my daughter who worked a bank for a number of years said, it was very difficult for banks to get anything from dead people..this is one of the major issues i have with the 2 debts i owe, which I'm paying £1 per month too. till i die, It's bad enough that i have Prostate cancer to live with, I just don't want to leave any mess my wife or daughters may have to clear up.
We are going to go for equity release, so that will take a third of our home value, but would rather address the situation now, rather than when i am 'resting' thanks in advance.

[Still Waving]

Re: application forms used for CCa's

Hi Equinox747

The position with debts upon death of a person is that the creditors theoretically are still entitled to claim on the deceased person's estate for any monies owed, if there is anything of monetary value (eg savings, insurance payout, etc, but not from the deceased person's share of a joint property). If however there is nothing of value in the estate, then they cannot claim from the deceased's family anything which is not part of the deceased estate, so the debt would in essence die too.

Hope this helps.

See Link http://www.thisismoney.co.uk/money/n...ith-death.html

[equinox747]

Re: application forms used for CCa's

hi N D B W Thanks for your reply