F & F offer please look at I & E

GeorgeUK

This is the one i'm trying to get my brother to send.
http://www.consumeractiongroup.co.uk/forum/scotland/184976-loan-charges-enforcability.html#post2000059

Have a look at the changes that rory suggests in that thread.

It may be some time before they accept a F&F offer - they will be wanting to make sure it is a case of you can't pay rather than won't pay. It is sometimes easier to deal with a DCA rather than an original creditor for this but if the debt is unenforcable, you should be able to offer a greatly reduced settlement. Other than putting a defauly on your file, which Halifax already seems to have done, all they may be able to do is to get a CCJ awarded which will mean a judge will decide whata fair amount to repay each month will be - which is basically what you are already doing by offering those monthly payments.

homealone_2

have already sent, well son on way, the letter below which seems to be fairly similar to the one you shown. as i said i also put in the stop phoning me letter. i have also sent email to the taxcc.org and mp to tell them the latest the tax credit people sent me. this is a whole new other story that if anyone wants to know i will further discuss it but for the moment i am just concentrating on halifax and lloyds. besides what i have just sent them i am still awaiting a reply for my f & f letters, so at least now for the next few days i can get on with all the other balls i am trying to juggle but are very close to the ground! i have also just sorted out the choose to refuse thing with bt so hopefully the constant ringing in my ears may stop for a while. i will update you all on whatever replies i get, when i get them? they have already had the f & f for a week???






Dear Sirs

Re: Account number:In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.


I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by Halifax about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours Sincerely






Enc:
Cheque for £10. Specifically for DPA/SAR request – not to be credited to any account

GeorgeUK

Looks fine - just wanted to make sure that youstipulated in the request that you required a copy of the original agreement which this does.

Good luck with it and hopefully you'll get some good news soon - either on the CCA or F&F offers.

homealone_2

GeorgeUK wrote: »

Looks fine - just wanted to make sure that youstipulated in the request that you required a copy of the original agreement which this does.

Good luck with it and hopefully you'll get some good news soon - either on the CCA or F&F offers.

have just een looking at the other website you suggested and on it they said as i have not got years worth of charges to claim bck or look at that i should have asked for a cca not a sar did i jump in too as i am known to do and wasted £20 when i shod have just asked for the cca and saved myself £18. do i need to send that to them now as well or does the sar cover all the cca stuff anyway??? trust me to rush into it!!!

GeorgeUK

The CCA is the Customer Credit Agreement. You've asked for this as part of the SAR.

If you were to do a CCA request, although it would only cost £1 each, they are not required to provide an actual copy of the original - they can come up with a reconstruction without the signatures and say thet this is a 'true copy'. As you have made the request using the SAR, your copy needs to be a copy of the original, complete with signatures - that's why you don't provide your signature with the letter or payment. The copy they provide must have the signature, name, address, credit limit, APR and repayment details as well as being fully legible.

This is what they would be required to show in court if they were to try to enforce the debt. If they have this, then the debt is enforcable and you should continue to pay the agreed payments - if not then the debt is unenforcable. By using the SAR, you can see what they would show a court so you get to see it before it gets that far.

The SAR letter you send requests "a copy of the original signed executed agreement". So now we can see if the agreement was properly executed or not. You've not done anything wrong here - alot of people who request a copy of the CCA get back something that could have just been typed up on the computer the previous day in Word and still not know if the agreement is enforcable or not. This way you are making sure. I thought you had understood this, but you've not done anything wrong.

Sorry about that.

homealone_2

thanks you have really put my mind at rest. i thought when i read it through my understanding of it was a more involved document than a cca although that bit had been covered. so was not wrong then. its amazing how something like this can make you doubt your every move and knocks all confidence out of you. i was feeling somewhat that way as it was being housebound but now whatever desicion i make i then spend hours deliberating over it all.
well hopefully you will get a bit of peace from me for a few days while i await replies, will be bank on then

mummum2

Good luck homealone! Let us know the outcome.

MM2

homealone_2

post has just arrived and have a letter from albion dca saying they are in receipt of my latest corresspondence and have taken note of contents and have tried contacting me to discuss it but i have not replied, could i ring them urgently to discuss it? well all i can think is that halifax forwarded them my F and F as i have not sent them anything direct. do you think thry want to discuss the fand f???? do i ring them?? it looks as though i wont be getting a reply from halifax direct as they have passed debt onto this dca. what do i do next???? do i call them to see if they going to accept it or not???? did post an sar to halifax yesterday recorded delivery, do i wait for this to be forwarded to them as well and see what they say from that???? this will take a while as forwarding the f and f has taken them 10 days???

GeorgeUK

When you sent the SAR, you probably also sent a letter asking them to stop phoning you.

Usually if you phone a DCA, they will then use this number to harass you just like the bank did. You may need to send another letter requesting all communication be in writing only.

If you phone them, make sure you withhold your number so that they can't just do 1471 and get your number. If they start talking to you about making repayments and wanting information etc, tell them that you don't discuss this over the phone and request that they write to you regarding this. If they wish to discuss the F&F offer, then you may be able to negotiate. I have a feeling you'll soon be sending them that telephone letter though. If they need to discuss something with you, they have your address and can put it in a letter. It is quite common for them to request that you phone them (which also costs quite a bit usually).

The SAR won't be forwarded to the DCA - that is just a request for information that the banks now have 40 days to provide. It may be that they want to arrange setting up monthly payments or something, but again - don't agree to anything over the phone. You must get written confirmation of everything before you pay.

homealone_2

well, i steamed in and called them and they said that my offer of f and f had been forwarded to them from halifax and they would not be able to accept the amount. they said they would be more than happy to receive this amount to come off my balance (i bet they would) i explained this would not be the case as it was only going to be given to me on the condition it was to settle my bills. they thanked me for making regular payments and asked when i would be able to send the next, i said i was hoping for this friday but was not sure and she said she would put down week after to expect £10 to give me extra time. i explained position i was in on benefits etc and not going to improve situation or offer them any better than i already had. they said at them present i was 3 months behind with payments and at this stage all they would do was monitor payments and call to check siuation the same. next call would be 30 march. but once it had reached 6 month stage they they would have to start involving lawyers and going down the courts path. i said i had sent a SAR request to halifax and no doubt they would be forwarding that too and she just ok well we will be in touch.... end of .. no bullying.. or anything was quite surprised. but will give it time maybe they saving that for next call??? just have to wait for lloyds reply to f and f now?