GDPR Cookie Consent by SimpleServe Privacy Script Halifax UE - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Halifax UE

Collapse
X
Collapse
 
  • Page of 2
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 template Next
  • #1

    Halifax UE

    Hi Guys

    Had a Credit Card account with Bank One around 2000 or earlier.
    Halifax bought Bank One accounts in 2000.

    I had debt on the account so tried to claim back charges pre the 6 year period, but failed in court (there is a story here) sometime ago.
    Sent CCA request to Halifax twice, no CCA forthcoming.

    They passed the account to various DCA's who all returned the account to Halifax.
    Capquest say account sold to them in June. Credit file still shows Halifax with July Default, but Capquest aren't listed.

    No assignment letters from Halifax reference sale of account to Capquest.
    Sent Capquest a CCA request in June 2013, they only sent statements but no CCA Agreement, they kept the £1.

    Capquest in a letter state 'we will go back to our client for the information' - Halifax.

    Sent a couple of letters of Complaint to the CEO of Capquest. Reported Capquest to the OFT.



    The Account is in Serious Dispute with the Halifax, yet it's been sold to Capquest.

    So I need a customised letter to send to Capquest to return the account to Halifax.

    Thanks in advance guys.
    Tags: account, accounts, bank, breach, cag, card, cca, cca request, ceo, charges, claim, class, consumer, court, cra, credit, credit card, dca, dca's, debt, debtors, default, fos, guidelines, halifax, hbos, help, interest, legal, legislation, letter, list, lost, no cca, oft, paid, poor, ppi, reclaim, reference, simply be, stop, sue, template, unenforceability, unenforceable, victims
  • #2
    Re: Halifax UE

    Have a look at this ---> Creditor Refusal to Accept UE Status

    Just edit it to suit you.....
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Halifax UE

      Thanks Deepie,

      This might be better, with a few amendments:- http://www.all-about-debt.co.uk/inde...lst-in-dispute

      Comment

      • #4
        Re: Halifax UE

        Sorry to ask the obvious but what is the "serious dispute" - nothing you've said is defined as a valid consumer dispute.

        What is the score? What are you trying to achieve? Why did you end up in court - over what? Was ppi sold with the card? When did you stop paying....
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: Halifax UE

          OFT Guidelines definition on what they consider is a valid dispute.

          Annex A DISPUTED AND DEADLOCKED DEBT

          Disputed debt

          A.1 Where we refer to 'reasonably queried or disputed debt' we mean justifiably queried or disputed. We are not seeking to protect 'won't pays' from repaying debts duly owed but those who are being mistakenly pursued for a debt they do not owe (or genuinely believe they do not owe) or those who are being pursued for an incorrect amount of unpaid debt.

          A.2 We may require businesses to satisfy us that any query/dispute has been properly investigated.

          A.3           A non-exhaustive list of examples of what the OFT would consider valid grounds for disputing a debt include:
          • the individual being pursued for the debt is not the actual debtor (or the guarantor of the debt) or
          • the debt does not exist or
          • the amount of the debt being pursued is incorrect.
          Plus: http://www.oft.gov.uk/about-the-oft/...dit-agreements

          If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:
          • cannot:
            - make the debtor pay the debt before they're supposed to
            - get a court judgment against the debtor
            - take back anything hired or bought on credit, or take anything used as security in the agreement.
          • can:
            - ask debtors to pay what they owe
            - send a default notice
            - pass information on to a credit reference agency
            - pass information on to a debt collector
            - sell the debt to someone else
            - take the case to court.
          Regardless, I'm not aware of anything in guidance or legislation that prohibits the sale of a disputed debt. The closest I seem to recall is some comment somewhere or other that if a disputed debt is sold then they (the OFT) expect sufficient details of the dispute to be passed on to the buyer with the sale.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Halifax UE

            Also mixed messages in all that regards whether this has actually been sold or not? CRA entry not changed, and reference to "client"?

            NOA should come from the buyer, not the seller for an account of that age. Daft, but last time I checked that was the implication of the LOPA as it stands/stood when CCD modifications don't apply.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Halifax UE

              Originally posted by Never-In-Doubt View Post
              Why did you end up in court - over what?
              Nids. I read that from the OP that is was a failed charges reclaim through the courts? Presumably back in the mists of time when that was thought to be a good idea?
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Halifax UE

                Hi Never-In-Doubt

                I just want to be 'treated fairly' just like any other consumer. The OFT list is a non-exhaustive list. The account was opened with Bank One, which I have proof of. As far as Halifax are concerned the account was opened with Halifax. When I tried to claim back credit card charges pre 2004, Halifax stated the account was opened with Halifax. PPI had been added to the account, but I had it refunded a long time ago. I stopped paying in 2010.


                Originally posted by Never-In-Doubt View Post
                Sorry to ask the obvious but what is the "serious dispute" - nothing you've said is defined as a valid consumer dispute.

                What is the score? What are you trying to achieve? Why did you end up in court - over what? Was ppi sold with the card? When did you stop paying....

                Comment

                • #9
                  Re: Halifax UE

                  Hi Riz

                  Sums it up nicely, they should not be misrepresenting their position. I should get letters from the buyer and seller.

                  Originally posted by Riz View Post
                  Also mixed messages in all that regards whether this has actually been sold or not? CRA entry not changed, and reference to "client"?

                  NOA should come from the buyer, not the seller for an account of that age. Daft, but last time I checked that was the implication of the LOPA as it stands/stood when CCD modifications don't apply.

                  Comment

                  • #10
                    Re: Halifax UE

                    Originally posted by apples View Post
                    Hi Never-In-Doubt

                    I just want to be 'treated fairly' just like any other consumer. The OFT list is a non-exhaustive list. The account was opened with Bank One, which I have proof of. As far as Halifax are concerned the account was opened with Halifax. When I tried to claim back credit card charges pre 2004, Halifax stated the account was opened with Halifax. PPI had been added to the account, but I had it refunded a long time ago. I stopped paying in 2010.
                    Hi

                    i never mentioned the OFT list. I'm basing this on my experience of court / FOS / here. You do not have a disputable argument here. Just because you say it's in dispute doesn't necessarily mean that it is. I get that it was opened with Bank One - ie HBOS. Bank One is Halifax, as they absorbed Bank One. That is correct.

                    Aaah so you must be one of CAG/Ganders poor victims that thought it was wise to sue the lender

                    Ok, whether you lost in court or not doesn't stop you applying for a ppi refund the PROPER way; if not already done. But if you had it paid back a long time ago, why'd you take them to court?

                    Can you clarify exactly what you want to achieve? Being treated fairly is something sadly, nobody here can assist with. However we can help you fight back but I'm still unsure what your argument/ideals are?

                    Try not to let it get to you. It's as easy to tell them to get lost you know!
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

                    • #11
                      Re: Halifax UE

                      Originally posted by Riz View Post
                      Also mixed messages in all that regards whether this has actually been sold or not? CRA entry not changed, and reference to "client"?
                      It doesn't need any CRA alteration if the OC has only assigned the collection rights. It could simply be partially assigned hence the CRA entry could/would remain as the bank as would full assignment.

                      Thus it would not class as a disputable reason either.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Halifax UE

                        I'd just hang fire till you get the CEO response, Apple. Let us know what they say. Don't be too quick to respond, you'll not get any sense out of them.
                        Time to spin things out and keep a low profile until your SB date methinks.

                        Just out of interest, have you kept the default notices? Both mine from Halifax were rubbish..

                        Comment

                        • #13
                          Re: Halifax UE

                          Hi Elsa

                          I've got the Default Notices, they are defective, I've kept all the communications.

                          Comment

                          • #14
                            Re: Halifax UE

                            Well now it's time to play hard ball & ignore them. If they get stroppy give us a shout & we'll help put them back in their box for you
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            • #15
                              Re: Halifax UE

                              Excellent. Rubbish DN's make a nice backup

                              Comment

                              Previous 1 2 template Next
                              Working...
                              X