Intended court action

[IcanIwill]

i have decided to start a new thread in collection industry.. i have got a late payment accout with halifax credit card.. 7 months in arrears. currently paying ten poind a month but every month blair oliver scott keep sending me threating letters about my house could be reposessed etc i dont even own a house!! i owe them 2100 and when i pay via standing order they send me a letter a few days thanking for paying but inform me i dont have a payment plan set up withe them and to call them. im not going to call them because they will try and make me pay what i cannot afford. this account has no signed credit agreement and they have admitted this in writing! today ive had a letter of notice of intended court action if i dont pay full balance in 14 days! it sounds like scare tactics... the words dear sir/madam and intended sounds a bit computer generated. any thoughts would be great. thanks

[labman]

Re: Intended court action

They are taking you to court for an account for which they have admited in writing to you they do not have any agreement? I somewhat doubt it. Wait for he court papers to arrive (IF they arrive) and then get Watsons in Llandudno onto the case. They would eat them alive.

[basa48]

Re: Intended court action

OK I would tread carefully here. Whilst nothing that Labman says is incorrect there are a few questions I would ask.

First off, have you stated in correspondence to BOS that you owe this debt?

Second, just because BOS say they have no credit agreement, it could be they just haven't asked Halifax for one since you are paying them without seeing one!

I would write them a short letter (send it signed for) saying something along the lines of:

You keep writing to me regarding a credit card account ref number xxxx xxxx xxxx xxxx.

After taking legal advice, I now need to establish my legal liability (if any) for this debt. To this end I require sight of a properly executed credit agreement for the account.

Until such time as I receive the correct documentation I deny any liability for this debt to you or your clients and will be suspending payments in the meantime.

I expect your due diligence in this matter.

Depending upon the reply, at least then you will know where you stand.

[IcanIwill]

Re: Intended court action

hello an thanks both for your replies!! i am awaiting a SAR from them current on 23rd day cheque cashed!! i pay them £10 a month at the moment so is this admitting the debt? i have had at least 10 letters from Blair Oliver and Scott threatening all sorts but everythibg seems computer generated! Halifax admitted no CCA as i made a request in december and on march 1st they admitted no cca but gave me 8 cases where banks dont have to have a signed cca! this account is pre 2007 (june 2006) can i claim charges under hardship? Labman maybe i might take your offer in a trip to llandundo!!! cheers in advance baz

[basa48]

Re: Intended court action

hello an thanks both for your replies!! i am awaiting a SAR from them current on 23rd day cheque cashed!! i pay them £10 a month at the moment so is this admitting the debt? i have had at least 10 letters from Blair Oliver and Scott threatening all sorts but everythibg seems computer generated! Halifax admitted no CCA as i made a request in december and on march 1st they admitted no cca but gave me 8 cases where banks dont have to have a signed cca! this account is pre 2007 (june 2006) can i claim charges under hardship? Labman maybe i might take your offer in a trip to llandundo!!! cheers in advance baz

We've all made regular payments to credit or loan accounts prior to going into dispute and no-one in their right mind would deny a debt exists under those circumstances.

However that is not what you want to establish. What is in question is whether the creditor (or his agents) have any legal course to enforce your paying the debt by way of a court judgment

The Act says a regulated agreement is not properly executed unless—

A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and the document embodies all the terms of the agreement, other than implied terms,

and then

The court shall not make an enforcement order ...... unless a document .....itself containing all the prescribed terms of the agreement was signed by the debtor or hirer..........

If they ain't got that document conforming to the regulations even the court cannot make an enforcement order.

PS: Can you list the 8 cases.

[labman]

Re: Intended court action

A phone call to Watsons would be all that was needed to give you an idea as to where you stand on this. basa is right to say be careful, people are winning court cases with no agreement, but far more are losing. They would let you know you chances realistically.

[IcanIwill]

Re: Intended court action

is their a charge for this service labman

[labman]

Re: Intended court action

They are normally pretty good, and I would say if there was any charge it would be minimal. It would be something you would want to establish at the start of the conversation though.

[Guest]

Re: Intended court action

HI
With the greatest of respect, Watsons are a commercial solicitors their view will be as biased as the DCA;s but in the other direction. They will want the business.
By all means ring them if you must but, whatever you do, do not part with any money.
Regarding your situation, DCAs or creditors are unlikely to enter into a payment agreement without first seeing a income and expenditure statement.
In my view they are unlikely to pursue this through the court in any case. Theoretically it is possible for the creditor to enforce an agreement without the signed document, although it is unlikely particularly if the debtor maintains that no agreement was ever singed.
Peter

[IcanIwill]

Re: Intended court action

im going to wait on my SAR and put this account in dispute so no alleged further action can be taken!! i will poat back as soon as i have my sar so i can get aome advice and underatanding on what i should recieve in my sar!!

[IcanIwill]

Re: Intended court action

Okay so i am still awaiting my SAR, 12 days to go. On the flip side i recieved a letter today from halifax in regards to me asking whether or not they actually had my Signed Credit Agreement on my credit card, Here is their reply
[ATTACH][/ATTACH]

What are your intial thoughts?

Cheers

[Guest]

Re: Intended court action

Hi
NIce of them to acknowledge they have no chance of taking court action to recover.

All they can do now is pester you, i would suggest no response to thier letters and refuse to answer secutiy questions if they call or better still barr their calls.
They will soon tire.

If the calls get to opressive report them for harremsent.

Drop them a line first if you like saynig thanks for the cash but you will not be making any paymnts to them either now or at any other time. Since they have no legal ability to enforce any request for payment.

Peter

[labman]

Re: Intended court action

Wait and see what the SAR brings before yu get too excited. I agree totally with Peter if this is all they have.

For future information CPUTR is extremely helpful for keeping cases like this out of court. I have a CCA request letter which I'll try to remember to post up later using CPUTR in a CCA request, and specifically mentioning court action. It has been well proven to stop companies in their tracks over this sort of case.

[mystery1]

Re: Intended court action

If you maintain that you didn't sign the agreement and have letter(s) from them stating they don't have a signed agreement then the the law says they can't collect via court. You don't need a solicitor and if you don't want to pay there is little they can do about it. They would look pretty foolish in a courtroom if you produced the letter above.

They can ask you for money, but hey, so could i.

Can i have a tenner please ?

M1

[IcanIwill]

Re: Intended court action

hi all thanks for your replies. i was surprised they were so open about it not being enforceable! my thoughts are stop payin them completely as the guy does point out by paying i am accepting the terms and conditions of the account. another good thing is since this account was opened in 2006 my mobile number has changed and i never updated it with them so i have the luxury of no phone calls just letters. im stuck now on what should i reply?