CCA requested & Halifax cannot find agreement - what to do?

[crikey]

Hello

A summary of events regarding me being chased for a credit card debt. I'm hoping advice on how to respond to Halifax can be provided.

Letter from Halifax at the beginning of August:
Reference number, account number, agency ref and account balance details given.
Letter opens with 'As we haven't been able to agree a suitable repayment plan we've transferred your HBOS Plc to a debt collection agency, CapQuest...' Details of CapQuest are given to contact.

Letter from CapQuest a week later confirming that HBOS have passed on the account for them to manage and that they would like to talk to me about the account.

I respond to CapQuest at the beginning of September. I send a prove it CCA letter with £1 postal order.

Letter soon follows from CapQuest saying they have forwarded on the documentation under the CCA 1974 to HBOS and will send this documentation to me when they receive it. No further correspondence has since been received by CapQuest since this letter.

Letter from Halifax (Retail Account Maintenance Team) received a few days later. They state they are unable to locate the agreement using the information supplied. They ask me to provide details on the type of account, full address (including previous), any change of name, DOB, date account opened, agreement number.

The letter states they have enclosed my original documents. They have only enclosed a copy of my letter and £1 postal order. On the letter is hand written the account number used on previous letters. I had used the CapQuest reference number on the prove it CCA letter. as reference. Also stamps of date received and the recored delivery marks are on the copy of the letter.

Mid September - letter received by Halifax (Card Operations) with another copy of my CCA letter attached.
The letter opens with 'You have not quoted a valid account number and we can not trace with details provided'.
They ask for the same details as the previous letter. It ends with 'Please be aware that Section 78 only applies during the lifetime of an agreement. If your account has been closed and paid in full, then there would no longer be regulated agreement between us.'

The brings me to date. I am confused. Halifax have chased me (originally via CapQuest) stating that I owe money. Then they are unable to provide me with the details that I actually do owe the money they originally stated.

Advice on my legal standing and potential responses to Halifax would be much appreciated.

Thanks.

[Kirjava]

Re: CCA requested & Halifax cannot find agreement - what to do?

Hi Crickey,

I'm not an expert but I am happy to help where I can.
Firstly, I was just wondering how old this debt is with Halifax....if you are certain the debt is yours and if you remember when you last made a payment towards this debt and/or acknowledge owing this debt to the Halifax in writing? Also have the Halifax or CapQuest taken out a CCJ against you for this debt?
I ask the above as there may be an issue of limitation if this is an old debt...it isn't a 'get out of debt free card' but if this debt is statute barred under the limitation act 1980 they should not be chasing you for it nor can they try and enforce the debt through the courts. This doesn't mean that they don't stops existing or is wiped clean...what it does mean they is that they can't take you to court for it and if they do try, then you have a solid argument that the debt is statute barred. you can still choose to money the money if you wish but they can't force you or register a CCJ against you.

Also if you haven't already done so, I would contact the National DebtLine (their number is 0808 808 4000) it's a freephone charity which offer debt advice. They are not legal advisors but are intensively trained and very familiar with the law surrounding these situations and processes and how creditors should be conducting themselves. Ask to speak to a limitations expert if this is an old debt.
They will advise you the next best steps to take or to get legal advice if they feel you need it.

Please feel free to message back if you have any questions and let me know how you get on!

- - - Updated - - -

P.s I forgot to mention that, it is my understanding, if they have not complied with the section 77 request under the CCA, they cannot take you to court or enforce the debt until they do.
The National DebtLine experts will be able to advise you completely on this.