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Re: Snowy's Diary
New Debt Six - Bank Of Scotland Current Account (Halifax Bank)
This is an old closed overdraft
Type of account - Overdraft
Date commenced - 22/08/06
Approx balance - £1370.61
Date last paid - February 2010
Are you on arrangement or not paying - Final DMP payment made 24 July 2012. DMP now cancelled.
Status - Default September 2010
Account owner - Cabot
22/08/12
Sent CCA by first class recorded delivery- DMP cancelled so no further payments
02/11/12
Letter received from Bank of Scotland stating that the account has now been sold to Cabot Financial Services from 2/10/12. Under the terms of this assignment and as defined in the DPA 1998 Cabot is now the Data Controller of your personal data contained in the records of this account.Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Limited, to manage your account in line with the arrangements agreed with BLS Collections. It is essential that all future payments and correspondance regarding this account now be directed to Cabot Financial (Europe) Limited. Also Letter from Cabot received stating they are now owners.
I have sent letter to Cabot stating account sold whilst in dispute.
11/12/12
Letter from Cabot stating that Bank Of Scotland did not receive a CCA and furthermore this account relates to a current account and as such there is no need for us to provide a copy of your credit agreement under the CCA for current accounts or overdraft facilities. Please make arrangements to pay.
I checked the Post Office - the CCA request was lost!!
10/01/13
.Response letter issued to Cabot.Overdrafts - CCA Information - allaboutFORUMS
16/09/13
Letter from Cabot asking me to pay the balance. Response issued asking for a reply to my letter sent 10/01/13.
25/09/13
Letter from Cabot offering 30% discount to settle the account
14/10/13
Letter from Cabot regarding my letter sent 16/09/13. Stating that the letter they issued in December 2012 clearly outlined the situation which remains the same. Copies of notice of assignment attached from Bank Of Scotland dated 02/11/12 stating that they have assigned the account to Cabot from 02/10/12. They havent supplied me with the docs as requested though......
04/11/13
Letter sent to Cabot
Dear Sirs,
Account No/Reference No: XXXXXXXX
Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.
I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).
As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.
As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.
The account holder should be sending an annual reminder to me regarding the overdraft, as well as copies of the original agreement made, and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;
s.74A(2) The current account agreement must include the following information at the time it is made:
(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).
You should also be paying attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).
The CCA(1974) protection which applies to this type of unauthorised overdraft renders an account unenforceable if the required information is not forthcoming. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken, and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
Yours faithfully,"
19/12/13 - Further letters received from Cabot on 29/11/13 and 12/12/13. Latest received 12/12/13 states that there is no need for us to provide a copy of your credit agreement under the CCA for current accounts and overdraft facilities, as part V of the CCA doe snot apply to these types of accounts. The exclusion of current accounts falling into part V of the CCA is set out in section 74(1)(b). Please contact our debt management team to discuss repayment.
Im putting this on hold now and await further letters due to ping pong games
16/01/14 - Letter from Cabot stating they have passed the account to Financial Investigations and Recoveries (Europe) Limited who be in touch. - Filed.
27/01/14 + 23/02/14 - Letters from Cabot. Get in touch to pay.
31/03/14 - letter from Cabot. Notice of Arrears letter. Get in touch and pay!
22/04/14 - Letter from Cabot - account now passed to Marlin.
29/04/14 - Letter from Marlin. They intend to apply for a CCJ unless contact/payment is made.
Response issued to Marlin 06/05/14 as follows:-
Dear Sirs,
Ref: xxxxxxx
I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).
I formally requested a copy of the required documents that should have been sent to me annually by Halifax Bank and am to date still awaiting such documents.
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
I look forward to your response within the next 28 days with the requested information.
Yours faithfully,
New Debt Six - Bank Of Scotland Current Account (Halifax Bank)
This is an old closed overdraft
Type of account - Overdraft
Date commenced - 22/08/06
Approx balance - £1370.61
Date last paid - February 2010
Are you on arrangement or not paying - Final DMP payment made 24 July 2012. DMP now cancelled.
Status - Default September 2010
Account owner - Cabot
22/08/12
Sent CCA by first class recorded delivery- DMP cancelled so no further payments
02/11/12
Letter received from Bank of Scotland stating that the account has now been sold to Cabot Financial Services from 2/10/12. Under the terms of this assignment and as defined in the DPA 1998 Cabot is now the Data Controller of your personal data contained in the records of this account.Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Limited, to manage your account in line with the arrangements agreed with BLS Collections. It is essential that all future payments and correspondance regarding this account now be directed to Cabot Financial (Europe) Limited. Also Letter from Cabot received stating they are now owners.
I have sent letter to Cabot stating account sold whilst in dispute.
11/12/12
Letter from Cabot stating that Bank Of Scotland did not receive a CCA and furthermore this account relates to a current account and as such there is no need for us to provide a copy of your credit agreement under the CCA for current accounts or overdraft facilities. Please make arrangements to pay.
I checked the Post Office - the CCA request was lost!!
10/01/13
.Response letter issued to Cabot.Overdrafts - CCA Information - allaboutFORUMS
16/09/13
Letter from Cabot asking me to pay the balance. Response issued asking for a reply to my letter sent 10/01/13.
25/09/13
Letter from Cabot offering 30% discount to settle the account
14/10/13
Letter from Cabot regarding my letter sent 16/09/13. Stating that the letter they issued in December 2012 clearly outlined the situation which remains the same. Copies of notice of assignment attached from Bank Of Scotland dated 02/11/12 stating that they have assigned the account to Cabot from 02/10/12. They havent supplied me with the docs as requested though......
04/11/13
Letter sent to Cabot
Dear Sirs,
Account No/Reference No: XXXXXXXX
Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.
I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).
As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.
As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.
The account holder should be sending an annual reminder to me regarding the overdraft, as well as copies of the original agreement made, and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;
s.74A(2) The current account agreement must include the following information at the time it is made:
(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).
You should also be paying attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).
The CCA(1974) protection which applies to this type of unauthorised overdraft renders an account unenforceable if the required information is not forthcoming. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken, and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
Yours faithfully,"
19/12/13 - Further letters received from Cabot on 29/11/13 and 12/12/13. Latest received 12/12/13 states that there is no need for us to provide a copy of your credit agreement under the CCA for current accounts and overdraft facilities, as part V of the CCA doe snot apply to these types of accounts. The exclusion of current accounts falling into part V of the CCA is set out in section 74(1)(b). Please contact our debt management team to discuss repayment.
Im putting this on hold now and await further letters due to ping pong games
16/01/14 - Letter from Cabot stating they have passed the account to Financial Investigations and Recoveries (Europe) Limited who be in touch. - Filed.
27/01/14 + 23/02/14 - Letters from Cabot. Get in touch to pay.
31/03/14 - letter from Cabot. Notice of Arrears letter. Get in touch and pay!
22/04/14 - Letter from Cabot - account now passed to Marlin.
29/04/14 - Letter from Marlin. They intend to apply for a CCJ unless contact/payment is made.
Response issued to Marlin 06/05/14 as follows:-
Dear Sirs,
Ref: xxxxxxx
I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).
I formally requested a copy of the required documents that should have been sent to me annually by Halifax Bank and am to date still awaiting such documents.
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
I look forward to your response within the next 28 days with the requested information.
Yours faithfully,
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