Fightinghard's Diary

[fightinghard]

Thanks for this advice.- I have requested a statement of account.
In view of the awful amount of wilful non- coperation on their part in late 2013 (as detailed in my 24th. Jan. 2108 post) during which period they still managed to add some 7 late payment and default charges which, in addition to interest, amounted in total to some £200 I have also requested that these charges be cancelled. Should this lot refuse I intend to stop payments once only that amount remains outstanding on the account then drag things out as far as possible.
If they dont cancel these charges I guess I will end up paying them in the end but at least in the final hurrah I am going to be (to quote Nightwatch) " a pain in the butt

[nightwatch]

no we don't, but its being paid so I like to be a pain in the butt

[Still Waving]

Just a minor point, since this particular account is apparently close to being repaid anyway, but we don't usually ask creditors to rectify their failings do we?

[nightwatch]

you should of received an annual statement, they should of at least sent you a letter asking to revue payments before now,

as you are close to paying it off, I would just send a letter saying"

thank you for contacting me, As I have had no contact from you for the last x years could you please supply me with a statement of account detailing payments and dates received, my circumstances have changed since then and I may need to reduce the payment"

[fightinghard]

Re: Fightinghard's Diary

Type of account: Vanquis Credit Card
Date commenced: - April 2008
Approx. balance: - 拢2100
Date of last Full payment: - March 2013
Current Arrangement: - (Self organised arrangement from Dec 2013)
Status: - A.P. markers
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 78) using template letter sent with 拢1.00 P.O and (Proof of Posting).
4 July 2015 - C.C.A. Documents relating to this Digital Signature Application received and uploaded via the online Portal for Niddy to peruse and advise.
4 July 2015 - Niddy points out (#21) that as post 2007 agreement, S127 (3-6) cant apply therefore cant utilise UE.

Rather guessed that would be the case so will have to blag it as suggested.

A couple of points of clarification would be appreciated however:

a) this creditor issued a Default Notice on 17 October 2013 but Noddle does not record a Default, just AR markers each monthly from July 2013 onwards and the account status is still shown as UP TO DATE (as at May 2015).
b} the Default Notice appears to be contradictory in that the paragraph referring to action which MAY be taken if I have not remedied the breach before the date shown (i.e. 5 November 2013) is immediately followed by a paragraph saying that if I have not taken the aforementioned steps ( which I assume refers to payment sufficient to clear the arrears, as mentioned earlier in the Default Notice) within the time scale indicated (again I assume that to be 5 November 2013) (I.E. DONE EXACTLY THE SAME THING ) then specified actions WILL be taken against me.
The creditor appears therefore not to have not detailed the actions which MAY be taken should I not remedy the breach, instead he has detailed the actions which WILL be taken.
In the event I did NOT remedy the breach within the time scale indicated but the creditor did NOT implement the resulting actions and consequently has not complied with his Default Notice.
Can anybody please advise whether a) is ok or maybe some sneaky way by the creditor of extending a bad credit reference period for some reason and
b) indicative of a defective Default Notice or is it just "de minimis" (or have I lost the plot!!!)


I am attaching a redacted Default Notice - oct. 2013 - Copy_Redacted.jpgcopy of the DN in question to hopefully make things clear

24 January 2018 -An update in respect of this account.

As Niddy advised, in July 2015, that this was an enforcable agreement I eventually decided, instead of blagging it, to continue with the small monthly repayments that I had eventually managed to get this lot to agree to in Dec 2013, some 3 months after my original request to them in July 2013 during which 3 months there was an appalling amount of wilful non- co-operation on their part including totally ignoring my written requests for written responses to my letters despite O.F.T. guidelines. The only way I could get any response was through text and e.mail and in fact their agreement eventually came by means of email. (all of these texts and emails ,along with their agreement email are archived by me) and I have been making the small monthly payments since then.
However I have heard nothing from them at all since Dec 2013 until this month (Jan. 2018) when I received a letter from them asking me to complete an attached income/expenditure form so they could consider whether the current arrangements were still suitable.
I am not going to do as they ask as this account will, in any case now be fully paid off later this year under the existing arrangement and I can then say good riddance but I would, as a matter of interest, just like to know whether they should, in fact have been in contact with me regularly throughout the last 4.5 years to reconsider my circumstances or even just to supply an annual statement of account since it does seem, judging from my 2013 experiences in trying to deal with them, that they feel Consumer legislation and Guidelines don’t apply in their case. (Maybe thing have changed since the Crook in charge was recently forced to quite after seriously fouling things up at the parent Company).
Anyway any comments would be appreciated.

[fightinghard]

Many thanks The Tech Clerk for poining out this error- I have edited my post accordingly.

[The Tech Clerk]

annual stement i.e:- Oct 2016 to Sept 2017?

[fightinghard]

Type of account: Halifax Bank Unsecured Loan
Date commenced: - April 2010
Approx. balance: - £4500
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted- 1 August 2013
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 77) using template letter sent with £1.00 P.O (and Proof of Posting).
17/07/15 Letter from Halifax acknowledging receipt of my request under Section 77 (1) of the C.C.A. 1974 for this loan agreement and advising they are processing their response which will be with me shortly.
10/08/15. Letter from Halifax (dated 04/08/15 ) the gist of which requests all missing payments to be made within 7 days of date of letter (i.e. payments by 11/08/15) otherwise further recovery action could be taken. (IGNORED)
24/08/15 - received C.C.A.( with covering letter from Bank dated 20 July 2015 !!!)
25/08/15 - letter requesting payment of arrears of payment plan or contact them to agree alternative repayment options otherwise they may commence legal action.(IGNORED)
310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)
11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)
16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.
I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!
24/09/2015- Template letter from Halifax (dated 3 Sept. 2015) with C.C.A attached.
Apart from the date on their template letter, everything is a straight photocopy of the documents Halifax supplied to me on 24 August 2015 hence containing the same faults as in that 24 August paperwork.
In view if this I intend to send to them again the "Missing PT'S" template letter (unless anybody has any other suggestions).
07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments

07/06/ 2017- Letter received from Halifax Bank (Credit Operations Rectifications- Brighton) advising me that in November 2015 some changes were made to the system they used to manage my account which meant that when I missed payments on my account they didn’t write to let me know. They express sorrow that this happened and that it has taken so long for them to resolve and that they intend not to apply any interest to my loan or apply any charges for payments missed during this time. However they want to help me get my account back on track and to help with a repayment plan I can afford they enclose an Income and Expenditure form for my completion and return within the next 30 days otherwise interest and missed payment charges will begin to accrue. (IGNORED)
25/07/2017 - Letter from Halifax Bank (Credit Operations Rosyth) advising that as no suitable repayment plan has been agreed, the matter has been transferred to Robinson Way D.C.A. with instructions for them to collect the outstanding amount.
26/07/2017 - Letter from Robinson Way requesting I contact them in order to arrange a suitable repayment plan.(IGNORED)
12/08/2017 - Lettter from RobWay requesting I contact them to discuss the best way forward. (IGNORED)
03/09/2107 - Letter from Robway advising they can offer a reduction to the balance and I should call them to take advantage of this. (IGNORED).

No details of the amount of reduction offered so am treating this as a "phishing" letter

04/09/2017 - Letter/Statement from Halifax Bank covering year Oct.2017-Sept.2017.

[fightinghard]

Thanks Roger for this piece of information. I shall be attempting a similar approach by NON-dealng!! with this D.C.A. for as long as possible. I guess RobWay will eventually send it back to Halifax who will then send another D.C.A. after me. All the time the months to Statue Barred are ticking away!!.

[Roger]

For what it is worth Halifax appointed Robs Way with my CCA
I had the pleasure of ignoring Robber Way for something like SIX or more months and then eventually Halifax sold it to Cabot.
Txt's Phone etc.. I have a manual record of these which never needed to be answered.

[fightinghard]

Fightinghard's Diary

Type of account: Halifax Bank Unsecured Loan
Date commenced: - April 2010
Approx. balance: - £4500
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted- 1 August 2013
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 77) using template letter sent with £1.00 P.O (and Proof of Posting).
17/07/15 Letter from Halifax acknowledging receipt of my request under Section 77 (1) of the C.C.A. 1974 for this loan agreement and advising they are processing their response which will be with me shortly.
10/08/15. Letter from Halifax (dated 04/08/15 ) the gist of which requests all missing payments to be made within 7 days of date of letter (i.e. payments by 11/08/15) otherwise further recovery action could be taken. (IGNORED)
24/08/15 - received C.C.A.( with covering letter from Bank dated 20 July 2015 !!!)
25/08/15 - letter requesting payment of arrears of payment plan or contact them to agree alternative repayment options otherwise they may commence legal action.(IGNORED)
310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)
11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)
16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.
I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!
24/09/2015- Template letter from Halifax (dated 3 Sept. 2015) with C.C.A attached.
Apart from the date on their template letter, everything is a straight photocopy of the documents Halifax supplied to me on 24 August 2015 hence containing the same faults as in that 24 August paperwork.
In view if this I intend to send to them again the "Missing PT'S" template letter (unless anybody has any other suggestions).
07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments

07/06/ 2017- Letter received from Halifax Bank (Credit Operations Rectifications- Brighton) advising me that in November 2015 some changes were made to the system they used to manage my account which meant that when I missed payments on my account they didn’t write to let me know. They express sorrow that this happened and that it has taken so long for them to resolve and that they intend not to apply any interest to my loan or apply any charges for payments missed during this time. However they want to help me get my account back on track and to help with a repayment plan I can afford they enclose an Income and Expenditure form for my completion and return within the next 30 days otherwise interest and missed payment charges will begin to accrue. (IGNORED)
25/07/2017 - Letter from Halifax Bank (Credit Operations Rosyth) advising that as no suitable repayment plan has been agreed, the matter has been transferred to Robinson Way D.C.A. with instructions for them to collect the outstanding amount.
26/07/2017 - Letter from Robinson Way requesting I contact them in order to arrange a suitable repayment plan.

[fightinghard]

Re: Fightinghard's Diary

Thanks very much Spud, Still Waving and Roger for your advice which I am going to follow. The letter is being ignored and is now attached to the previous paperwork and the file securely tucked away.
Will now just wait to see what comes next.
Again many thanks

[Roger]

Re: Fightinghard's Diary

They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??)

in November 2015 some changes were made to the system they used to manage my account which meant that when I missed payments on my account they didn’t write to let me know. They express sorrow that this happened and that it has taken so long for them to resolve and that they intend not to apply any interest to my loan or apply any charges for payments missed during this time.

If it were me I would follow Still waving's advice......If they are in default of your request leave well alone.....
Why would you want to give them chance after chance of getting this right? This is tipped in your favour at the minute
I'd not worry about that waffle about interest charges being added to the account if you don't reply etc - They have already messed up......let them mess it up some more.....who's counting ???
Sit tight and see what comes next.......Silence will be your friend here

The Default Notice figures were probably wrong as well because of missed Interest and payment charges. I should file that letter away carefully!
They are in default of their s.77 request.
Silence is golden here.

[Spud]

Re: Fightinghard's Diary

If it were me I would follow Still waving's advice......If they are in default of your request leave well alone.....

Why would you want to give them chance after chance of getting this right? This is tipped in your favour at the minute

I'd not worry about that waffle about interest charges being added to the account if you don't reply etc - They have already messed up......let them mess it up some more.....who's counting ???

Sit tight and see what comes next.......Silence will be your friend here

[Still Waving]

Re: Fightinghard's Diary

I guess now I need to start the process all over again with a C. C. A. request and hope that they still can’t locate the original agreement (as they couldn’t last time in Oct. 2015) so I can go down the Missing PT’s route etc.
Any advice will be appreciated tho.

If they are currently in default of the CCA request by not providing the copy of agreement, the wisdom is not to send another CCA request.

If you are not planning to commence payments I would just file the letter and await their next move.