Unenforceability Help Required

[Enforcer]

Re: Unenforceability Help Required

Thanks Enforcer sit back is what I shall do

Luckily I withdrew all my savings from Halifax immediately so that they could not offset against credit card debt

Ok, despite all of the advice on this site, I still bank with Barclays. Both my personal and business accounts are still there! They did not attempt to use their "legal right of set off" after Trading Standards and FOS got involved. To be fair, I brazened this one out, determined to prove that they had committed an act of premeditated against me, I am not one to walk away when I know that I am in the right. To date, the charges to my personal account, due to them using set off, exceed £1000.00. Horrendous I know. However my last card is. I owe them over £2000.00 on an advance account. If all else fails, I will use my "legal right of set off" see how they like it.

[vint1954]

Re: Unenforceability Help Required

Ok, despite all of the advice on this site, I still bank with Barclays. Both my personal and business accounts are still there! They did not attempt to use their "legal right of set off" after Trading Standards and FOS got involved. To be fair, I brazened this one out, determined to prove that they had committed an act of premeditated against me, I am not one to walk away when I know that I am in the right. To date, the charges to my personal account, due to them using set off, exceed £1000.00. Horrendous I know. However my last card is. I owe them over £2000.00 on an advance account. If all else fails, I will use my "legal right of set off" see how they like it.

Did they use your overdraft to set off with? They can only use credit balances.

[Enforcer]

Re: Unenforceability Help Required

No, technically, the Ombudsman noted that there were sufficient funds in my account at the time. They took the money on pay day.

[garlok]

Re: Unenforceability Help Required

Did they use your overdraft to set off with? They can only use credit balances.

On our business account, Vint, Barclaycard did access the account whilst it was in overdraft and stripped it up to its full OD limit. When we created a load of trouble in the branch on the Saturday morning the branch staff realised there had been a breach of the law and recovered the money during closed business hours on the Sunday. However that did not change the fact of what they had done. That was the final straw in a long battle which had reached just about stalemate. We moved everything and opened a parachute account at another bank and that battle still continues but we have much more damning evidence against them now and many more weapons with which to hit them.

We should have looked into the legal side a long time earlier, it would be all over now. However you don't think that any of this applies to yourself do you until your back is against the wall and you have to do something. Based on this last straw we have racked up a very large compensation and damages counter claim for everything they have done over the years.

regards
G

[vint1954]

Re: Unenforceability Help Required

Very True Garlock

[kamba]

Re: Unenforceability Help Required

Recieved letter from Halifax stating that they have passed debt to Robinson way

I still not had response from complaint

So decided to call the DCA to inform tthem account in dispute

They state they will investigate
What concerns me is Halifax historically in writing confirmed that they have removed my contact phone number from there records however, the DCA had the number

Halifax have lied once again can I prosecute them under Data Protection Act

Im guessing there credit operations team are as useless as Halifax overall and passed credit over even though I have not had a full and final response from Halifax exec team

What are your guys thoughts

[MrsD]

Re: Unenforceability Help Required

this is what happens, debts get passed to lowlife DCAs all the time, even if they are in dispute.

you would have just sent off a Sold in dispute template http://www.all-about-debt.co.uk/old/...lst-in-dispute

i wouldn't be phoning them, if you passed security, you've admitted the debt on the phone and that could be used against you further down the line.

[Pixie]

Re: Unenforceability Help Required

Don't EVER phone a dca. Whenever you receive something, post and let us know. We have carefully worded template letters to cover most eventualities.

I'm not sure but I don't think you can prosecute them under DPA and I'm not sure why you would want to.

[xenaphon1970]

Re: Unenforceability Help Required

how many times I have heard that, you spent on the card it's enforceable or you were paying back the money so it's enforceable hmmmm Like a fiver for every letter that contains that badger, but in the next letter they say yep it can't be taken to court blah de blah but you still owe us. Cabot are good at that one. Whether there thinking is, hmmmm we have supplied the dodgy application form or reconstructed dodgy form so they will comply and pay up. If and thank God I'm not in the debt collection industry, warning bells would ring if a punter sends in a CCA request, 70% of the time they are going to be savvy or more likely have been on this web site and know or are going to know it's very iffy.

[kamba]

Re: Unenforceability Help Required

Guys

info noted I have no recieved another letter from Robinsons Way stating that they will contact me in 7 days or alternatively I should write to them with my payment offer

what would be the next best thing to do?


shall i send them a dispute letter http://www.all-about-debt.co.uk/old/...lst-in-dispute

[Deepie]

Re: Unenforceability Help Required

Guys

info noted I have no recieved another letter from Robinsons Way stating that they will contact me in 7 days or alternatively I should write to them with my payment offer

what would be the next best thing to do?




shall i send them a dispute letter http://www.all-about-debt.co.uk/old/...lst-in-dispute

We need to know what you've sent and received.....

[kamba]

Re: Unenforceability Help Required

Haven't sent Robinsons Way anything as I was user impression Halifax exec (sec 77/8 team)complaints were dealing withy complaint

Robinson way have sent letter stating that they have been requested to chase for money and contact them for a payment offer

I initially called them to say account in dispute so they shouldn't be chasing money

Told them I have paid £1500 and was told interest was frozen as account balance owing is now £1900 I would be happy to pay £400 as a full and final offer

They said they will query with client regarding dispute

Having read the dispute letter and confirmation historically from Niddy Halifax have breached CCA

Guessing the dispute letter is adequate enough

[Deepie]

Re: Unenforceability Help Required

Haven't sent Robinsons Way anything as I was user impression Halifax exec (sec 77/8 team)complaints were dealing withy complaint

Robinson way have sent letter stating that they have been requested to chase for money and contact them for a payment offer

I initially called them to say account in dispute so they shouldn't be chasing money

Told them I have paid £1500 and was told interest was frozen as account balance owing is now £1900 I would be happy to pay £400 as a full and final offer

They said they will query with client regarding dispute

Having read the dispute letter and confirmation historically from Niddy Halifax have breached CCA

Guessing the dispute letter is adequate enough

Yes that's the one---> Account Sold whilst in Dispute

[kamba]

Re: Unenforceability Help Required

thanks guys want this over and done with before baby arrives

[kamba]

Re: Unenforceability Help Required

never sent the letter as Robinson Way sent letter confirming account in dispute and then today they sent me a letter which states that dispute was settled with a £25 cheque regarding a different matter

they clearly dont know the account and as a result I will be posting the dispute letter now

I guess there work practices are monkey see monkey do