Cca Requests Updates Please

stapeley

swt61 wrote: »

Hi all, Wel I have just received 2 letters froma company called CL Finance Ltd and they ghave sais that the Halifax Loan account & the Credit card account have been sold on to them,

I had not acted on the stuff that the halifax had sent me yet that is posted on here can anyone advise what I can do plesae?

Also BLS are chasing now for payment but they told me when I cca requested them that i had to ask LLoyds which i did & they have not come up with a CCa as yet it been quite a while now,What can I write to these also?

thanks,

Simon

Have you been sent any thing from HALIFAX , you need a notice of assignment from them. Not just a letter from a DCA saying they now own the account . It does not matter who the request was to , as agents for the OC its is there duty to forward any requests to OC . If it has passed the 12+2 send the default letter . If its 12+2+ 30 then send the final letter .

stapeley

Broken_hearted wrote: »

Halifax has sold a lot of debt on, someone think it was rog said they had to get rid of as much bad debt as possible.
Our has been sold on despite their being no CCA, so we have reported them to trading standards and FOS. Not sure where thats left us now, so saving payments in the bank till its sorted.

Well well well , so you are now using the No enforceable CCA to avoid your debt ! Morally you should now be paying the new owner of the debt . Surely you know you spent the money , so should not matter who you are paying the money to ! Or is it a case of saying one thing and doing another, when it suits you . Whats that word I,ve used before? OH yes hypocrite.

swt61

stapeley wrote: »

Have you been sent any thing from HALIFAX , you need a notice of assignment from them. Not just a letter from a DCA saying they now own the account . It does not matter who the request was to , as agents for the OC its is there duty to forward any requests to OC . If it has passed the 12+2 send the default letter . If its 12+2+ 30 then send the final letter .

Nothing received about selling the debt on from the Halifax apart from them sending us letters reminding us what we owe everday for the lsat 2 weeks but this ended last week.

The letter from the DCA states in a shaded box in the bottom of the letter
NOTICE OF ASSIGNMENT

and then the Halifax details and all the loan details.

The Halifax did send me a CCA but I never really got an answer as to wether or not it looked enforceble after posting them up on here so i do not really know what to do with that bit now.

Many Thanks again,

Simon

blind-as-a-bat_2

CL Finance are well known to issue court procedings within days of a dedt being asigned to them, so be prepared:rolleyes:

But its not all bad news, there also known for totaly screwing up those court claims too:p

Broken_hearted

Nope not at all one its not my debt its DH and two as soon as its back with halifax the banked money will go to repay the debt.
At present they have sold on the debt but are refusing to put it in writing that they have sold it. No DCA agency have contacted us and they can't even tell us who they sold it too. So stapely if you are so clever, who the hell am I supposed to pay. The CCA request should have stopped them selling it on. Now we are in limbo, if you have the answer as to how to make this months payment please tell me.

Broken_hearted

stapeley wrote: »

Well well well , so you are now using the No enforceable CCA to avoid your debt ! Morally you should now be paying the new owner of the debt . Surely you know you spent the money , so should not matter who you are paying the money to ! Or is it a case of saying one thing and doing another, when it suits you . Whats that word I,ve used before? OH yes hypocrite.

So since you know everything who owns the debt??????

stapeley

Well since the account is still indispute due to no CCA supplied , they are not allowed to sell on the account . So when the DCA find this out they should return it to Halifax. So continue with your payments to them . This action should cover your moral stance.

blind-as-a-bat_2

swt61 wrote: »

Nothing received about selling the debt on from the Halifax apart from them sending us letters reminding us what we owe everday for the lsat 2 weeks but this ended last week.

The letter from the DCA states in a shaded box in the bottom of the letter
NOTICE OF ASSIGNMENT

and then the Halifax details and all the loan details.

The Halifax did send me a CCA but I never really got an answer as to wether or not it looked enforceble after posting them up on here so i do not really know what to do with that bit now.

Many Thanks again,

Simon

are you refering to the agreement you posted in #1337 ?

If so its not enforceable unless the prescribed terms are within the the four corners of signed document

so if it does not state A term stating the credit limit or the manner in
which it will be determined or that there is no
credit limit, AND A term stating the rate of any interest on the credit
to be provided under the agreement AND A term stating how the debtor is to discharge his
obligations under the agreement to make the
repayments, which may be expressed by reference
to a combination of any of the following--
(a) number of repayments;
(b) amount of repayments;
(c) frequency and timing of repayments;
(d) dates of repayments;
(e) the manner in which any of the above may be
determined;
or in any other way, and any power of the creditor
to vary what is payable.

Its not enforceable if it doesnt

Broken_hearted

Halifax are refsing payment and putting the phone down on me when I call. FOS are giving them a further 10 days to come up with the CCA or be fined, not sure what trading standards are doing they said they'd phone back later to discuss it.
What a position to be in over christmas.

stapeley

Basically because you are not paying enough money back to the OC , they have washed their hands of it, and got what they could by selling it on . The way I view it is , you want to pay it back but need time . The OC do not want to wait . They have broken the terms of the CC ACT by taking this action , that is passing / sell the account to a third party after not supplying a CCA. Why should you now suffer harrasment and threats of court action from this third party when they realise you can not pay them at a rate they are satisfied with? The law is there to protect you . If you do not use it then thats up to you .