Question about Halifax response to CCA request

[z0mbies]

Re: Question about Halifax response to CCA request

Niddy, you're a life saver!

When I first looked at it I did think it was a bit fishy too, so thanks for the confirmation and the link to the new template letter. Will be sent recorded post 1st thing tomorrow.

I'll let you know how I get on

Thanks again!

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

I'll let you know how I get on

Thanks again!

Cheers mate

[jinjoe]

Re: Question about Halifax response to CCA request

Halifax once told me that when they pass a debt onto a collection agency they never take it back but in your case from your post this seems to differ.

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

Halifax once told me that when they pass a debt onto a collection agency they never take it back but in your case from your post this seems to differ.

This is a lie, they never assign it fully on the first go - it wouldn't be worth their while cos it'd have to be terminated so they'd just lose out (being they sell debts for approx 12p in the £1.

So HBOS, as your example, have their own DCA called BOS (blair oliver & scott - notice the initials are the same lol) and what they do is "partially assign" the debt (in totality - to them, to deal. If that fails and they NEED to sell it to a 3rd party DCA/Tracing Agent then they will Assign it Absolute meaning they have given up all rights to the debt and would have passed all historic paperwork etc to the new owner.

Thats the way it works....

[z0mbies]

Re: Question about Halifax response to CCA request

Hi,

They have replied saying they don't have the agreement but are still persistent that they can chase up the alleged debt.

I'll email you the two letters I received if that's ok as it sounds a bit fishy.

Cheers

[swanfan]

Re: Question about Halifax response to CCA request

Hi,

They have replied saying they don't have the agreement but are still persistent that they can chase up the alleged debt.

I'll email you the two letters I received if that's ok as it sounds a bit fishy.

Cheers

Hiya

They don't have the agreement means it can't be enforced in court, they will however still chase you for the debt in the hope that you will pay.

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

Hi,

They have replied saying they don't have the agreement but are still persistent that they can chase up the alleged debt.

I'll email you the two letters I received if that's ok as it sounds a bit fishy.

Cheers

Result

They have confirmed in the top line of that letter "We confirm our client is currently unavailable to "prove" (should say "provide" - obviously their typo - muppets) a signed copy of the agreement"

Therefore, they have admitted they don't have it so they cannot enforce anything! If you get any hassle about this again then you simply photocopy that letter (keep it very safe) and highlight that top part that I quoted above, and send it with a copy of this: ---> CCA Query - Letter Previously Confirming No CCA

Sorted

[z0mbies]

Re: Question about Halifax response to CCA request

Thanks folks, it does sound like a good result but I'm worried this might not be the end of it as last letter I sent them was the one linked above. This is what prompted their recent replies. It seems like they're going to ignore it and keep perusing me, and even quote the McGuffick case themselves. This section in particular is quite concerning:

"The courts have held that the demanding of payment, issuing of default notices and instructing a third party to demand or seek payment does not amount to enforcement. Our clients position therefore remains that the balance of your account remains due payable..."

I will send it again though, with a highlighted copy of their own letter. I'll let you know if I get anything back from them.

Appreciate all the help

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

Hey, remember it's a repetative circle fighting the UE route - so yea, tedious and all that it may be - but surely better than paying back an unenforceable debt?

[z0mbies]

Re: Question about Halifax response to CCA request

Hey, remember it's a repetative circle fighting the UE route - so yea, tedious and all that it may be - but surely better than paying back an unenforceable debt?

This is very true. If it means sending them a letter ever week then I'm happy to do that :

[z0mbies]

Re: Question about Halifax response to CCA request

Quick question. Is there a time limit on how long they can peruse an unenforceable debt?

Thanks again :

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

Quick question. Is there a time limit on how long they can peruse an unenforceable debt?

Thanks again :

It falls under limitations act. So 6 years in England; 5 in Scotland - if no acknowledgement made within that period, it's statute barred. That's what we aspire to with all UE claims. You're seeing out time, in essence.

[z0mbies]

Re: Question about Halifax response to CCA request

Thanks mate. Been mega busy at work lately so next letter will be sent 1st class recorded tomorrow.

Do you think I need to type out a cover note? I don't want to say too much to them, just something to formally say chasing me is pointless! Or should I simply send another copy of the letter linked above + their recent letter with highlighted "we don't have it" bit? What do you think?

Slightly O/T but good news about the Harrison case! Just saw it on BBC News website this afternoon. I must admit, before tackling these clowns I already managed to write off a debt with MBNA / Lowell Group mid 2010... not heard a peep from them since :-)

[Never-In-Doubt]

Re: Question about Halifax response to CCA request

Thanks mate. Been mega busy at work lately so next letter will be sent 1st class recorded tomorrow.

Do you think I need to type out a cover note? I don't want to say too much to them, just something to formally say chasing me is pointless! Or should I simply send another copy of the letter linked above + their recent letter with highlighted "we don't have it" bit? What do you think?

Slightly O/T but good news about the Harrison case! Just saw it on BBC News website this afternoon. I must admit, before tackling these clowns I already managed to write off a debt with MBNA / Lowell Group mid 2010... not heard a peep from them since :-)

Hiya, mate I advised here what to send: ---> #22

The cover note is the actual template you need to send......

The Harrison case is also here mate: ---> Case Law & Precedents

[z0mbies]

Re: Question about Halifax response to CCA request

As always, you're a massive help Niddy!

Thanks again, and have great weekend!