Decided that it's finally time to deal with my Halifax credit card!

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pagenotfound2k
pagenotfound2k Posts: 37 Forumite
in Debt-free wannabe
My previous thread (contains little useful information, but in case anybody wants a basic background): http://forums.moneysavingexpert.com/showthread.html?t=2288191

Some time ago I halfheartedly tried to do a CCA request in 2007 with my Halifax credit card - this is being dealt with by a DCA called Fairfax Solicitors (previously known as Eversheds). Now I'm going to rinse and repeat the process, only this time with the assistance of some very decent and knowledgeable people here. ;)

After gaining hope while reading other threads, I have put the following letter together to send to Fairfax solicitors tomorrow morning, recorded delivery with a £1 cheque.
! removed !

Monday, 11th April 2010

Fairfax Solicitors Limited,
Fairfax House,
Merrion Street,
Leeds,
LS2 8BX

Re: Your reference: ! removed !
Halifax account number: ! removed !

Dear Sir/Madam,

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully

! removed !
My two questions for now, until I receive responses to this thread: 1) Do I send this to Fairfax solicitors, directly Barclaycard or both - if both, do I need to enclose 2x cheques? 2) Do I need to use a handwritten or scanned in signature, or I can choose to leave a single line in the usual place?
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Comments

  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    Nice copy of my letter mate - lol.... Taken from here: Unenforceability & Template Letters III

    you send it to whoever owns the debt, so the DCA.... they have a duty to pass it to the owner, if it is not them. Send £1 and send it registered post as well....

    Use the signature that was originally on the template, change it to black font and smaller size!
    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • pagenotfound2k
    pagenotfound2k Posts: 37 Forumite
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    never-in-doubt wrote: »
    Nice copy of my letter mate - lol.... Taken from here: Unenforceability & Template Letters III

    you send it to whoever owns the debt, so the DCA.... they have a duty to pass it to the owner, if it is not them. Send £1 and send it registered post as well....

    Use the signature that was originally on the template, change it to black font and smaller size!
    I copied that letter from one of your recent posts in a thread, when I was doing my research! :D

    So I just put "sign digitally" at the bottom of the letter in place of my signature, and that's fine? Nice!

    I will send the cheque and letter tomorrow to Fairfax.
  • ChefBungle
    ChefBungle Posts: 205 Forumite
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    Why not just pay the debt which you've run up?
  • NGlady
    NGlady Posts: 1,046 Forumite
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    ChefBungle wrote: »
    Why not just pay the debt which you've run up?

    Is that meant to be helpful?!
    Learning to be 'good with money'
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    pagenotfound2k wrote: »
    I copied that letter from one of your recent posts in a thread, when I was doing my research! :D

    So I just put "sign digitally" at the bottom of the letter in place of my signature, and that's fine? Nice!

    I will send the cheque and letter tomorrow to Fairfax.

    Clever :rotfl: You replace the sign digitally with your name :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    ChefBungle wrote: »
    Why not just pay the debt which you've run up?

    Why not go and play with traffic or better still, here's a novel idea - stay out of threads that do not concern or interest you...:mad::mad:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • ChefBungle
    ChefBungle Posts: 205 Forumite
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    never-in-doubt wrote: »
    Why not go and play with traffic or better still, here's a novel idea - stay out of threads that do not concern or interest you...:mad::mad:


    Ooh, I enjoy playing with traffic.

    It does concern me when both of my credit cards have had their rates "jacked". Why should I effectively subsidise people who choose to make use of loopholes for their own personal gain? Whatever happened to personal responsibility - if you've borrowed all that money and bought whatever, then you have a moral obligation to pay it back.

    I currently have 18k worth of credit card debt after exiting a marriage, and I have no issue with paying it back as I have spent it.
  • pagenotfound2k
    pagenotfound2k Posts: 37 Forumite
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    never-in-doubt wrote: »
    Clever :rotfl: You replace the sign digitally with your name :D
    Sorry, I took it literally - wasn't trying to be clever! :o

    Now you know why I needed help with this, haha! :rotfl:
    ChefBungle wrote: »
    Why not just pay the debt which you've run up?
    Thank you for your concerned comment.

    I am in the process of sweeping through my debts, this one being the final one - not that it was any ever of your business. But, unlike the way which you come across, I am not a rude person, therefore have chosen to respond sensibly without criticising.
  • ChefBungle
    ChefBungle Posts: 205 Forumite
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    pagenotfound2k wrote: »
    Sorry, I took it literally - wasn't trying to be clever! :o

    Now you know why I needed help with this, haha! :rotfl:Thank you for your concerned comment.

    I am in the process of sweeping through my debts, this one being the final one - not that it was any ever of your business. But, unlike the way which you come across, I am not a rude person, therefore have chosen to respond sensibly without criticising.


    "sweeping through" - does that just mean trying to get out of them???

    And for info, I was not being rude, simply posing a very reasonable question.
  • pagenotfound2k
    pagenotfound2k Posts: 37 Forumite
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    ChefBungle wrote: »
    "sweeping through" - does that just mean trying to get out of them???

    And for info, I was not being rude, simply posing a very reasonable question.
    No, it means seeing if the debts are enforceable or not. One has been settled, which was the smaller debt. This one, the larger debt, is the one posing most problems to me. Hence 'dealing with Halifax' and their associated DCAs.

    Unfortunately your tone was found to be rude by myself and other posters. If you do not understand why they find you rude, I might suggest not posting until you have successfully reviewed and/or altered your posting style.
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