Hello

**Amethyst** · 4th October 2010, 18:04:PM

Re: Hello

Hiya pentlake, you are most welcome to Beagles

not least cause you made me smile. I hope we will be able to help you.

Okay am guessing this credit card if sent unsolicited was a fair while back, any idea what year you received it ?

Which bank is it with, whats the situation with any debt on the account etc ?

Loads of peeps will help you out with this, just need a bit more info to get started and know what you have done and where you want to end up.

Ame
xx

**PentLake** · 5th October 2010, 10:52:AM

Re: Hello

Hello Ame. Great to hear from you. I will be initially brief in my responses as I build up the situation.

The unsolicited card was from Halifax.

Not sure when the unsolicited card arrived. 2006? early March 2007 ?? Not sure about this. (Not sure how that can be confirmed). My statements start from month ending 26June 07. I need prior statements to show history.

I did not use the card from that statement.

Had a £4900 credit limit. from that staement I owed £4935.52.

Halifax loaded interest on, despite joining Debtmatters (DM) in Sept. 07 and it went to £5234.53 in Jan08 when they served a default notice on me. (sent to DM)

Despite paying a nominal monthly sum worked out by DM it rose to £5698.99 at 1st July08 when Blair Oliver and Scott (BOS) became involved. (the normal threats started.) DM apparantly did nothing and at that stage I got involved and set up a repayment deal of £42.69 on 30 OCT08 with the balance risen to 5528.23. No idea where the £42.69 figure came from.

Life went on with a fixed no interest repayment agreement and the total reduced.

I was in the middle of my £25K+ forgery and little things kept popping up as I became more aware of the legal/ banking/courts slice of life.
The forgery put me at rock bottom. Long story.

It was a problem with Link and a thrown out CCJ in late 2008 that eventually made me look at Halifax. (This will become an interesting brain buzzing Link thread after Halifax

).

I sent a template letter CCA request to BOS. No answer after 6 weeks.
I sent a follow up letter:

[FONT='Verdana','sans-serif']"""... Dear Sir/Madam..."""[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'](((blah blahhh... to save time available if wanted... )))[/font]
[FONT='Verdana','sans-serif'].[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']"""....[FONT='Verdana','sans-serif']If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file.[/font] [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Meanwhile I have put this account into dispute and suspended all future payments until further notice. I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 7 working days from the date this letter was sent by recorded delivery on August 25th 2010.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Failure to comply will lead to further action on my part.... """" [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']I always sign using an anti-tamper box.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']No answer again from BOS. I've heard nothing from them to date.[/font]
[FONT='Verdana','sans-serif']I didn't pay the 20 Aug/Sept payment.[/font]
[FONT='Verdana','sans-serif'][/font]
Then on 20 Sept10, I rec a letter from Halifax. (((blah again available if wanted))) Pertinent points = """...enclosed is reconstituted version of the executed agreement comprising both the original and current terms and conditions.
I have requested a copy of the original signed application form from the relevant department to comply with your section 60/61 request. You will receive this shortly under seperate cover.
(((blahhhhh)
In summary we are not required to produce a copy with your signature on it.
((( I knew that. But the real has to be presented in court)))
...... We have satisfied or obligations..... We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement.

You dont know me. lol
In security I had a saying put on me by collegues.

The famous DOFWIM.

"Don't F*** with me" Bad move.

Then the letter ended by saying 2 things ... your agreement was ended on the 25th June 2008. ......... ((( Wrong. the default and the agreement termination took place in letter dated 11 Jan08!... balance £5234.53))) As the agreement has ended there is no credit limit in place and no interest is being charged on the debt owing. ((( the balance rose to £5698.99 !)))

Uh??

The second and final thing, 3 small paragraphs with 2 legal links, was a warning not to listen to services from claims management companies who mislead the public.... and Halifax quoted the Ministry of Justice words.

Darn it I am so scared. I will be quiet and give in.

I can email letters if required so you have them verbatim.

I sent them the latest letter on the same day that I found you. I wish I'd waited now. No other forum contained any on-going progress so I had to jump in the water and swim by myself.

I will post this letter on here now and you can hit me. The cat is out of the bag rightly or wrongly. :tinysmile_cry_t:

""...Account In Serious Dispute

Dear sir or madam.

Halifax has failed to respond to my legal request to supply me a true signed copy of the original Consumer Credit Agreement for the above account.

On 11 July 2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.
Halifax have not been able to comply with my request, or give a valid reason why Halifax are not able to provide such a document/s DESPITE MY GIVING HALIFAX THE OPPORTUNITY TO DO SO.

The document/s that Halifax were obliged to send me could not be a true copy of any executed Consumer Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both Halifax company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments because NO SUCH DOCUMENT EXISTS.

I HAVE NEVER SIGNED SUCH A DOCUMENT REFERRED TO AS A CONSUMER CREDIT AGREEMENT OR ANYTHING ELSE WITH REFERENCE TO HALIFAX.

Halifax touted for my business using typical unsolicited brochures and letters that I completely ignored. Every other card was doing the same thing at that time. I ignored all of them. All my cards came from my banking arrangements.
I didn’t understand banking, my world and life was close protection security. National and International.

Halifax, however, went one big step further than the rest. Out of the blue, totally unsolicited or asked for, Halifax sent me a credit card. An extremely tempting ploy to secure some business?

But it worked. The card had a credit limit of £4900? (I had an excellent credit rating at the time, 900+).
I ignored it for several months then one day during a tiring bad financial time I was weak enough to use it and operated the account in ignorance of any Halifax terms or conditions, laws or rules.

It was only last year, after I was the victim of a forger, that I was forced to look into my affairs a lot deeper and this year I was introduced to the complex world of rogue banks and methods used to ensnare potential customers. For the first time, while visiting Consumer and Legal forums, I realised I was one of those people with Halifax. It never occurred to me before that. I’d been caught.
As a result I have read ALL clauses of the 1974 Consumer Credit Act 1974 (and current amendments) and I even know that a financial body, etc. who do what Halifax did to me can be fined £400.

If Halifax manage to put together a signed-by-me (lifted signature?) Consumer Credit Agreement I will put it in the hands of an international forensic handwriting expert who proved against my forger in 2009. She once proved that some Shakespeares works were written by Bacon. Awesome professional.

Until I am proven wrong this Halifax bank account is TOTALLY unenforceable in Law and will remain in dispute until the legal powers that be rule on it or common sense prevails.

I will give Halifax 7 (SEVEN) working days to reply to this letter with Halifax comments before I place the complaint in front of the Financial Ombudsman with all the evidence I have.
If I have to I also intend to take further legal advice with reference to costs, penalties and charges, etc. resulting from the use of this illegal unsolicited account gained with no customer consideration or care.

As Halifax are obviously unable to comply with a lawful request for a true, signed copy of the said Consumer Credit Agreement to produce before the Courts, any legal action Halifax pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment, and more.

Please note Halifax may also consider this letter as a statutory notice under Part2 section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect under the guide that explicit consent was not given and damage has been done. A Data Subject Notice is therefore issued on this date. As an ex registered Data Controller this is a subject I do understand.

This will mean Halifax must remove all information regarding this account from Halifax own internal records and from my records with any Credit Reference Agencies and conform primarily to the Data Protection principles 1,2,3,4 in Section 2.

Should Halifax refuse to comply, Halifax must, within 21 days, provide me with a detailed breakdown of Halifax reasoning behind continuing to process my data.

It is not sufficient to simply state that Halifax have a ‘legal right’; Halifax must outline Halifax reasoning in this matter and state upon which legislation this reasoning is based.

(Should Halifax not respond on this particular matter within 10 normal days from the date of this letter I will take it this means Halifax agree to remove all such data. I have the ability and contacts to check).

Furthermore Halifax should be aware that a creditor is not permitted to take ANY legal
action, etc. against an account whilst it remains in dispute.

The absence of the signed Consumer Credit Agreement is obviously a very clear serious dispute and as such I will accept NO demands while the account is subject to this dispute.

I reserve the right to report Halifax actions to any such regulatory authorities as I see fit.

Halifax have 7 (SEVEN) working days from receiving this letter (sent 1st class recorded delivery on Monday 4th October 2010 = Wednesday 13th October) to contact me with Halifax intentions to resolve this matter which is now a serious formal complaint.

I would appreciate Halifax due diligence in this matter.
I look forward to hearing from Halifax in writing only.... """"

DUCKING....
Apologies for the length. Hope it's all understandable.
Take care and be safe.

**Amethyst** · 5th October 2010, 12:12:PM

Re: Hello

This forgery thing, you don't think they could have taken out the card (signed the agreement?).

I can't imagine Halifax sending unsolicited cards with £4k limits in 2006/2007 at all. (thinking of this para 51 of CCA 1974 - Prohibition of unsolicited credit-tokens. 51. — (1) It is an offence to give a person a credit-token if he has not asked for it. and in 2004 BBC NEWS | Business | GE Capital backs down in card rowwhich was a row about upgrading from store to credit card unsolicited which caused a big stink) If your received a card and were able to use it then it would suggest that someone had applied for and given your information.

The important point is you deny ever having asked for, applied for or seen any agreement to do with this card and contend it just showed up out of the blue one day with a letter? detailing a £4k limit so after a few weeks of it sitting there tempting you you used it and Halifax cannot find any agreement. The onus of proof is on them if they want to enforce this debt, as you cannot prove you havent had something.

Do you have any other products with HAlifax ? Secured / unsecured loan etc ?

**PentLake** · 6th October 2010, 10:57:AM

Re: CCA ongoing thread.

Thank you for your reply. I love the Beagle shortcut on my desktop.

I had no thought about Halifax and an initial forgery. The forgery against me was a totally seperate action by an investor in my company. The forensic handwriting expert I used, (Maureen Ward-Gandy... check her out online... awesome skilled lady with awesome credentials), I would use again for any like reason. Totally recommended.

I received the card out of the blue and made the mistake of using it. I'm not sure I even activated it. I feel I must have done? Isn't that a must do thing?

My concern was merely a signature 'lift-off' or some other method of obtaining my signature onto a CCA at this point in time. It never occurred to me it was a pre-action. If it was, would they not send a CCA now?

There is NO doubt in my mind that I signed nothing. It even raised conversations with my wife and I warned her to cut it up if she ever received one. If only I listened to myself.

The key to all of this is the first statement, the date on it, and what appears on it. If I'm wrong about the receipt date, and the credit limit, things would become more clear.
Their lack of information precludes this luxury. The earliest start date statement I have shows me already in the red with a temporary zero credit limit. This over limit seems to be caused purely by charges?.

Is it normal for a CC company to blank out any further discussion? after just one letter from them?

Another point....:

"""I have requested a copy of the original signed application form from the relevant department to comply with your section 60/61 request. You will receive this shortly under seperate cover."""

How long am I expected to wait before getting this 'document'? Letter dated 20th Sept.10.
Is that not covered under the 12 day CCA request rule?

Their reconstituted agreement? states that:
"We will decide your credit limit and tell you what it it.

...to be inserted in the CCA. What if I don't agree with it?

also this would have been as a result of 'making an application' In that case there must be a letter/s on file conveying that credit limit information/decision somewhere?

"YOUR RIGHT TO CANCEL"
"Once you have signed this aggreement you will have a short time in which you can cancel it. We will send you the exact details of how and when you can do this."

...again... To be post-inserted in a signed CCA? What if I didn't agree with the details but couldn't cancel? What if they forget, or a postal strike, and I pass a time limit? etc... etc. I want to know this information before I sign.

Do we really sign CCA's/docs containing such ambiguity and post-inserted minefields?

Regardless... once again that clause would provoke a letter that would be on my file?

This reconstituted 'agreement' also states that The CCAct 1974 lays down certain protective requirements which must be satisfied when the agreement is made. I they are not, Halifax cannot enforce the agreement against me without a Court Order.
I understand that if a CCA is not signed it is totally unenforcable in Law.

I could go on... but I will do so in private following all the threads I can.
This path could be a battle in the future.

I am not moving.
I know what happened for real. Show me a signed application form made out and signed by me in my handwriting and I will pay everything I owe Halifax if Maureen says the form is genuine.

All I feel I can do now, subject to forum advice, is :

...apart from don't act on my own anymore... is

1. Wait for a response to my last letter to Halifax.

2. Continue the non-payment action.

3. Look at some way of prising the statements out of them (pay for them?).

4. Trawl back over my former bank statements to pick out anything/history/figures.

5. Halifax latest letter (prior to my last letter) states that they are not talking anymore pertaining to my CCA request. Do I therefore take any action when my 7working day 'please respond' request in my last letter passes unanswered.
I want to say something and mean it with a Positive Mental Attitude.... but only if that's to my advantage.

6. Anything else?

7. Does SAR mean 'Suspicious Activity Report'?

I wish I'd have found your forum one day earlier. I would never have sent that letter! Two other forums didn't even reply to my thread submission.

I paid £22 to one of those online solicitors, told him the story, and he simply said...
"give them 7 days to sort it out or you will put it in the hands of the Ombudsman....
I was not over impressed with that as progress but had to do something. I wanted to keep the impetus going.

We fight on. As Maureen once said... 'Progression midst Confusion'
Thank you. This Forum is so appreciated. I hope my fight helps others. I certainly learn from reading many of your threads and problems.
Take care.

**PentLake** · 6th October 2010, 11:13:AM

Re: Hello

ps.. I have absolutely nothing else with Halifax.
Thank you.

**Amethyst** · 6th October 2010, 13:25:PM

Re: Hello

SAR means Subject Access Request and I think that has to be your next step.

Send this letter with a cheque for £10 made out to halifax. This should help you clear up a lot of the uncertaintys.

Dear Sir/Madam

SAR (Subject Access Request)
FULL NAME : FULL ADDRESS : POSTCODE
Any past names/addresses
Account numbers (if you know them)

I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements, screen notes, records of any communications etc.
This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

Please note that the above address is the one registered with your organisation and which you have previously found to be acceptable.

Yours faithfully,

(signature)

(name)

Read more at: Subject Access Request Data Protection Act - How to get your information. - Legal Beagles Consumer Forum

**Amethyst** · 6th October 2010, 13:27:PM

Re: Hello

How much do you currently owe on the card ?

I paid £22 to one of those online solicitors, told him the story, and he simply said...
"give them 7 days to sort it out or you will put it in the hands of the Ombudsman....

pmsl, worth their weight in gold arent they.

**PentLake** · 6th October 2010, 16:32:PM

Re: Hello

Brilliant. Thank you for the SAR bit. I will get that off to H immediate.

JustAnswer was the name of £22 solicitor company. I'm logging a complaint with reference to their clear guarantee. dofwim.
enough of them.

£4598.31 outstanding as at last July2010 payment. Suspended Aug & Sept 2010 payments pending this dispute.
Loads of interest initially then a repayment agreement of interest free £45 per month in July08.

I haven't used the card since 29th May 2007. Balance then was £4935.52.
By June 2008 it had reached £5744.57 under Debtmatters (DM) who I found to be a waste of time at £200 per month.
I was with DM since Sept 2007.

I cancelled DM in June08 and set up my own repayment interest free plan. I was starting to wake up to this financial minefield.

The confidence you and this forum have now injected into me is terrific.
Thank you.

** PRACTICE MAKES PERFECT is so wrong!!!
Practice makes PERMANENT !!! so make sure you're doing the right thing first **

**Amethyst** · 6th October 2010, 17:30:PM

Re: Hello

Am glad you got away from DM and are managing your own DMP now. well done.

I personally, would keep up the £45 payments if they have frozen interest and charges on the account and keep that going while you sort out the situation with the account. You dont want a court claim leaping up at you from nowhere.

The SAR response will be about a month.

What other debts have you got, and any issues with any of those. I find it usually best to look at the overall picture rather than concentrate on just one debt.

**PentLake** · 6th October 2010, 21:07:PM

Re: Hello

Brilliant. Thank you for the SAR bit. I will get that off to H immediate.

JustAnswer was the name of £22 solicitor company. I'm logging a complaint with reference to their clear guarantee. dofwim.
enough of them.

£4598.31 outstanding as at last July2010 payment. Suspended Aug & Sept 2010 payments pending this dispute.
Loads of interest initially then a repayment agreement of interest free £45 per month.
I haven't used the card since 29th May 2007. Balance then was £4935.52.
By June 2008 it had reached £5744.57 under Debtmatters who I found to be a waste of time at £200 per month.
I was with them since Sept 2007.
I cancelled Debtmatters in June08 and set up my own repayment interest free plan.

The confidence you and this forum have now injected into me is terrific.
Thank you.

**PentLake** · 6th October 2010, 21:15:PM

Re: Hello

Query... I don't want to save drafts when I send Post. How do I stop the Draft from remaining. When I come to do it I can't put a tick into the delete box.
I'm missing something somewhere. :-)
John.

**PentLake** · 7th October 2010, 01:52:AM

Re: Hello

In response to your question of what other debt issues I have....
may I present Link Financial Ltd.

I'm not sure if you want this under a different Thread. It was going to be my next Thread.

Link were assigned my debt of £2995.25 on 5th June 2008 from GE Money Consumer LendingLimited.

GE known history;

Transaction started March 2005 @ £3092.28.
Total rose steadily to £3157.28, @ Dec 2006 despite paying every month from inception.

I went into a DRP in September 2007 (Debtmatters) GE paid up to then.

All debtors now set up and paid by DM.

GE issued a Statutory Notice of Default on 27 Dec 2007. Arrears of £88.88.
I think it was just a threat. It looks like a pay us now with payment means on a cut-off slip at the bottom.

"" the notice is a legal document that we are required to serve to each customer in the contractual agreement"" (verbatim)

(I didn't see most of DM documents until I chased them this year and got odds and ends back) (No full file was kept by DM 2 years later.)

This wonderment is increased at GE next letter. (amateurish letter?)

17 Jan 2008. Appreciating the dificulties I'm in but they want paying more than monthly DM are suggesting.

Balance will increase because of interest added.
Arrears will acrue. Payment will be accepted BUT GE may take legal action if arrears are not discharged.

""6th Mar 2008.
Dear sir/madam. Arrears £184.85.
Attached are the seperate? notices? we are required to serve under the Consumer Credit Act 1974 for each contract included within the above account
yours faithfully. Arrears Management Department GE Money Consumer Lending Limited.""
(whole letter verbatim) Addressed to me but it has a DM file number written on it by DM. I sent it to DM, under instructions, for them to sort?

One notice was attached, a GE staple. Pay us or we take you to court.
Balance £2927.95. incl arrears £184.85. (as at 06/03/2008)

I thought the DEFAULT thing was a Court related action.

No further action or correspondance, NOTHING, occurred from GE from 6/3/8.

I was now paying GE £25.23 per month since last year, 2007.

Link.

it may be a bit long winded but there is a purpose with anything I write.

Letter 5th June introducing themselves.

They have been assigned debt from FIRST NATIONAL? (Now known as GE).

Balance now 2995.25.

""pay the full balance immediately""

""Where applicable, contractual interest will continue to be charged on the oustanding balance until the debt has been fully repaid.although we will not ask you to pay any more than the ammount you would have paid if you had continued to pay your account as per the original terms of the agreement. If you are not aware of the total contractual interest that is now due please contact us to to confirm the debt balance prior to making this payment. (verbatim)""

"we will update credit reference agency"
"You can get advice from.... ""

That letter went to DM. grrrr

11th July 2008. Northampton County Court Official annotated Claim form from Court.
Claim by Link.
(particulars of claim, dated 11 July 2008

I'm indebted to them under the terms of a credit agreement dated 02/03/2005, and assigned to Link.

cont:
"" The agreement is regulated by the Consumer Credit Act 1974. The agreement provided that interest would be payable before and after the Judgement. The right to proceed for subsequent interest is reserved. Default occurred in payment and the loan was called in under S.87."" (verbatim)

Claimant believes facts stated are true ""and I am duly authorised by the Claimant to sign this statment"" (verbatim)
It is signed by, typed, "" Link Financial Limited "".

(Is that normal?)

Amount claimed £3072.02 (gone up again)
Court fee £85.00
Total amout = £3157.02.

(Nothing is written or signed by me on the form. Why have I still got the form?
I am contacting Northampton today to get copies of everything.)

24th July08.
Link response to 'my' admission. (possibly me but I normally keep important forms and letters? I have nothing.)

"" Court use its power and refuse defendants offer of payment.
Why?
1. its unrealistic and does nor even equate to the contractual instalment.

2. The claimant would be unduly prejudiced by this low payment.

3. Don't use disposable income. D has a house!! (wow)

4. Make a charging order.

5. If CO made, THEN we can look at an offer of repayment.""

Grant the order.

4th Sept08.
Claim transferred to Poole where I live.

9th Sept. Hearing set for 29th Sept.

18th Sept. I wrote a 'I'm broke' with a list of income and expenses. I can afford to give Link £23.62.
I have a deaf wife on severe disability allowance. Link have all this information.

15th Oct08. Result of hearing. (verb)

"Application to make judgement of 30 July forthwith refused"
"Instalments to continue at £23.62 per month"
"Application to seek CO refused"

Link lost out. I even got the repayment monthly reduced.

I spoke to Poole Court today 6th Oct10.
I was told that the only ruling made was the £23.62 for my favour.

Where does this leave Link CCJ claim attempt and the details within?
Did I win? Did they? who pays the Court cost £85? and the £102 litigation fee?

What about the interest claims in their Court statement? Were they thrown out? or was that just LInk preable/statement?

That was all just the background history.

Now the good bit starts.

6th June 2010.
I received an annual statement from Link 17 Nov08 to 17th Nov09 showing that for every £23.62 I pay them they are adding each month an average of £39.64.
Bal now £3303.20.

When I chased this they told me that I will pay the current debt first then they will start on the second interest debt and go to court again if they have to.

Latest statement arrived today. 6th Oct 2010.
Average now £49.75 per month added. 10 months of figures only.
Bal now £3536.71.

It was written differently. A computer printout. I did wonder if it was a reply part of my CCA request.

With 133 months before I pay off the first debt this 2nd debt will be astronomical and beyond normal comprehension.

DOFWIM

26th June 2010. To Link.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of my credit agreement and a statement of account on request. etc... etc...

2nd July 2010. Link reply. (verb)

"" you have recently made a request under section 77/78 for copies of various documents.
As you are aware Link Financial purchased your debt from GE Money Consumer Lending Limited and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from GE Money Consumer Lending Limited and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.
Yours sincerely
Link Financial Outsourcing Limited."" (verbatim)

I've heard nothing from that date.... 2nd July 2010. It is now 6th Oct. 2010.

26th September 2010. To Link.
On 26 June 2010 I made a formal request for a true signed agreement for the alleged account under Consumer Credit Act 1974 s77/8. (and relevant upgrades in time).
You have unfortunately failed to comply with my request and contravened stated laws....

and so on... finishing with...

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 10 working days (Tuesday 12th October) from the date this letter was sent (by recorded delivery on September 28th 2010). Failure to comply in total to all legal requirements will lead to further action on my part.

No reply yet. week to go. 96 days since I've heard from them.

I am now sending them a SAR. It will be posted today.

I will wait to see if you move Link to a new Thread (wont be confused then) then I will give you the next one. Thats quite a simple one though.... (I think)
Thank you for your thoughts and efforts. Without you I would only be half full.
Take care. C'mon you Cherries!!

**Amethyst** · 7th October 2010, 07:28:AM

Re: Hello

Hey,

REF LINK CCJ
Link have a CCJ against you with an installment order of the £23. If you stop paying the £23 they will be at liberty to apply for a charging order to secure the debt.

You pay the costs of the court claim as they 'won', its added to the balance.

They have the right to continue adding interest to the debt at the contractual rate.

This is because it is a CCA debt, although its under £5k, and in the original agreement there is a term stating pre and post judgment interest.

Obviously it would be better to get the interest stopped, theres a thread on here about post judgment interest. What they do is you pay off the judgmented debt, then stop paying, (so once you have paid the original sum in the claim) then they have to go back to court to ask for the interest they have added on since. This is where you will need the copy of agreement and they will have to prove they have the right to continue adding interest and at what rate, so they will need to produce the CCA. At that point the court can either say sod off, or ok and give another installment order, or they try again for a forthwith and a charge order. But I wouldnt worry and would just continue the installments until you have paid up the original judgment debt, then ask for it to be marked settled on the CCJ register and see what occurs.

But in the meantime the SAR and the CCA requests should be dealt with so you can check the status off the agreement in this regard, but I wouldnt push them back into court at all.

**Amethyst** · 7th October 2010, 07:35:AM

Re: Hello

GE MONEY

Notice of Default is a notice they must send under the Consumer Credit Act in order to give you 14 days to remedy the arrears (£88) before they are able to terminate the account and start chasing / court action / sell to debt collectors the FULL balance outstanding.

It isnt a letter before action, its more a last chance to pay the debt in the original agreed manner before we get narky, type letter.

Sounds like they havent taken it any further due to the £25 monthly pyments you are making, but I would send them a SAR to see where the account stands, and if interest has been added. BUT sending a SAR might nudge them into action, so if you are happy continuing the £25 payments until the others are sorted out I'd continue like that. GE are now Santander, so you'd start getting court threats from Santander and they are a little trigger happy at the moment. So I think I'd leave it alone while its quiet.

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Announcement

Court Claim ?