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Hi Everyone,
On may 8 2006 I took out credit card, plus PPI with halifax.
i stopped paying a year later because the PPI should not have been added. I requested they remove the PPI and fees where the PPI charges on my monthly account brought my PPI over limit.
the matter was complicated because there were also 2 loans, also with pPi. after a complaint to the bank, the bank accepted all 3 PPI policies were missold but refused to repay the PPI. I went into dispute refusing to pay anything until they repaid my PPI directly
In 2012 halifax claimed one of the loans in court and lost on every ground. the judge held there was an unfair relationship and the loan was legally uneforceable. he found the amount of correspondance from halifax demanding repayment was unacceptable. following the decision, the other loan was also unenforceable due to being based on exactly the same facts however, halifax promptly sold it to connaught collections/cai finance limited/ 1st credit. they also sold the credit card to them. I informed connaught immediately that the loan was legally unenforceable and referred them back to halifax. nevertheless they continued to harass me with threatening letters.
ist credit has now issued a county court claim for the credit card. In that claim they claim they bought the debt for exactly the amount that was owed by me to halifax. I doubt this but dont know how to definitely prove it. Ive issued an AOS, and want to defend in full.
I know I can issue halifax with a dsar but how can I force them to tell me exactly what they sold it for, normally these debts are sold i bulk according to my understanding.
I haven't got a clue about consumer law but have legal database access. help me beat this company please...just for justice against them.
going back to halifax: regarding the credit card:
On 8 Dec 2007 they issued a default notice under s87(1) cc act 1974. (does this stop interest being added, what other effects does it have?)
i paid some contributions between dec 2007 & march 2008 approx.
I do not have all of my records to hand and no access to this account anymore unless I issue Dsar to halifax.(I kept all my records but they did not supply me with all of my monthlyl statements so some info is missing).
Which act does my credit card come under? I know there was new legislation in 2006, but I think it hadn't come into effect when I took out the credit card?
issues runnign through my mind are these and I invite you to give me any more pointers /advice please plus advice on these issues. thank you.
1. I want to prove 1st credit/connaught/ cai/ etc are one and the same- ( a) because i understand the oft made dire findings against them before, and (b) I want to try to argue against their costs. i need hard evidence for a judge, not opinion.
2. what effect does missold PPI have when its a credit card. I think my lawyer said before that theres no concept of unfair relationship when its a credit card? (I cant afford another lawyer)
3. what other grounds could I possibly get this debt written off on (please back up with case law/decisions- i will research
4. how can I find out exactly what they paid halifax for the debt because I am 100% sure they have lied-so would like to have the hard evidence in court to discredit them
5. any opinions on my using the fact that despite knowing the judge had held a loan unenforceable, and particularly
6. other things that maybe relevant I am a vulnerable person, disabled and had previous brain injury.
7.anyone know the full ins and outs of assignment (ie halifax had knowledge of my injuries etc) how can i use this against 1st credit (so many names)
8. I want to counter claim for harassment. the issue is the harassment is regarding the unenforecable loan. its not a matter they have brought into issue in this claim ie made subject to claim, so not sure i can do it, and dont want to risk bringing in the second loan as I am not a barrister or lawyer who would win on the facts so im worried i might mess up.
finally I would like to point out, I never took out these loans and card to avoid paying, and i was paying until halifax refused to return this missold PPI despite admission it was missold. however, i dislike the underhand dishonest way they have acted with me, and in particular selling off the loan and card when they had lost. and I really dislike this first credit company.so I aim to win. helllllllp.
On may 8 2006 I took out credit card, plus PPI with halifax.
i stopped paying a year later because the PPI should not have been added. I requested they remove the PPI and fees where the PPI charges on my monthly account brought my PPI over limit.
the matter was complicated because there were also 2 loans, also with pPi. after a complaint to the bank, the bank accepted all 3 PPI policies were missold but refused to repay the PPI. I went into dispute refusing to pay anything until they repaid my PPI directly
In 2012 halifax claimed one of the loans in court and lost on every ground. the judge held there was an unfair relationship and the loan was legally uneforceable. he found the amount of correspondance from halifax demanding repayment was unacceptable. following the decision, the other loan was also unenforceable due to being based on exactly the same facts however, halifax promptly sold it to connaught collections/cai finance limited/ 1st credit. they also sold the credit card to them. I informed connaught immediately that the loan was legally unenforceable and referred them back to halifax. nevertheless they continued to harass me with threatening letters.
ist credit has now issued a county court claim for the credit card. In that claim they claim they bought the debt for exactly the amount that was owed by me to halifax. I doubt this but dont know how to definitely prove it. Ive issued an AOS, and want to defend in full.
I know I can issue halifax with a dsar but how can I force them to tell me exactly what they sold it for, normally these debts are sold i bulk according to my understanding.
I haven't got a clue about consumer law but have legal database access. help me beat this company please...just for justice against them.
going back to halifax: regarding the credit card:
On 8 Dec 2007 they issued a default notice under s87(1) cc act 1974. (does this stop interest being added, what other effects does it have?)
i paid some contributions between dec 2007 & march 2008 approx.
I do not have all of my records to hand and no access to this account anymore unless I issue Dsar to halifax.(I kept all my records but they did not supply me with all of my monthlyl statements so some info is missing).
Which act does my credit card come under? I know there was new legislation in 2006, but I think it hadn't come into effect when I took out the credit card?
issues runnign through my mind are these and I invite you to give me any more pointers /advice please plus advice on these issues. thank you.
1. I want to prove 1st credit/connaught/ cai/ etc are one and the same- ( a) because i understand the oft made dire findings against them before, and (b) I want to try to argue against their costs. i need hard evidence for a judge, not opinion.
2. what effect does missold PPI have when its a credit card. I think my lawyer said before that theres no concept of unfair relationship when its a credit card? (I cant afford another lawyer)
3. what other grounds could I possibly get this debt written off on (please back up with case law/decisions- i will research
4. how can I find out exactly what they paid halifax for the debt because I am 100% sure they have lied-so would like to have the hard evidence in court to discredit them
5. any opinions on my using the fact that despite knowing the judge had held a loan unenforceable, and particularly
6. other things that maybe relevant I am a vulnerable person, disabled and had previous brain injury.
7.anyone know the full ins and outs of assignment (ie halifax had knowledge of my injuries etc) how can i use this against 1st credit (so many names)
8. I want to counter claim for harassment. the issue is the harassment is regarding the unenforecable loan. its not a matter they have brought into issue in this claim ie made subject to claim, so not sure i can do it, and dont want to risk bringing in the second loan as I am not a barrister or lawyer who would win on the facts so im worried i might mess up.
finally I would like to point out, I never took out these loans and card to avoid paying, and i was paying until halifax refused to return this missold PPI despite admission it was missold. however, i dislike the underhand dishonest way they have acted with me, and in particular selling off the loan and card when they had lost. and I really dislike this first credit company.so I aim to win. helllllllp.
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