redforever:

Just to confirm all letters were sent recorded delivery, and they were all received

as I tracked them via the post office website.

As you have proof they received your requests there is little more you can or need to do.

I note you also sent a reminder so you have adequate evidence they haven't complied with your requests.

Don't bother with recorded any more, keep replying to each letter that Halifax have not supplied proof of your contractual liability for the debt.

I think it is good advice to avoid using the term 'agreement' in correspondence as this suggests implicitly you admit there may be an agreement you signed. Better to imply there is no known evidence that binds you to this debt. This transfers the burden of proof onto them that you owe the money.

Redforever

Agree with Skywalker. If you don't send letters by recorded delivery, the letters will probably go unanswered.

What you have to remember, is that these companies receive hundreds of letters of a similar nature on a daily basis. It would be uneconomic for a response to be entered into. So they probably just answer the ones sent by recorded delivery.But even then, some of these companies don't respond.

My advice is that if you have a complaint to make to Halifax, is to send a formal complaint letter by recorded delivery to their Chief Executive. If your complaint is valid, you may be surprised by their response. If Halifax have made any mistakes, the CEO's office could decide to write the matter off. Optimistic but you never know.

Huckster

Just to confirm all letters were sent recorded delivery, and they were all received

as I tracked them via the post office website.

I don't know how long ago your SAR went in, but they are permitted 40 days to respond. A s.78 CCA1974 request is allowed 12(+2 postage) days.

It is worth sending a final letter reminding Halifax of these requirements. Send it recorded to the registered address of Halifax.

In my dealings with some major creditors I find I get letters and replies from 3 or 4 different addresses!!

You should also consider replying direct to the addresses from which the letters and default originated.

If you didn't send your requests by recorded delivery, the chances are they ended up in someone's bin!

They will simply claim never to have received the requests.

Hi Stubie-One,

Thank you for your reply.

You may have read from my earlier post my reasons for my actions, and

at the moment I am hoping to at least get a response from Halifax other than

the default notices and payment requests they keep sending.

I have sent letters requesting the cca and also a follow on letter after they

had failed to respond to my cca request stating account in default. But still

all I am getting is payment requests and default notices.

I am unsure as to what to do next, or what letter if any to send,

Redforever

I fail to see how you can be "conned", before any financial transaction is process you will be presented with terms and conditions. It is your repsonsibility to check these prior to confirming your acceptance. This is also why many transaction have a cooling of period, so you cna check the documents and cancel if you are not satisfied.

If you feel conned its simply because you've not read and not understood what you were getting yourself in for. The infomation was always there - you just failed to take notice of it.

Thanks for all the replies.

I am not at all trying to get out of paying any debt, and after reading all the posts on this and many other forums it is clear this is not a way to do it.

I do however have several issues with 3 major credit card companies that have all mislead me and conned me over low percentage balance transfers. Having tried many different approaches and several attempts to come to an amicable agreement they have refused to play ball. And they quote the small print in conracts and agreements and use every available route they have to charge me more money. So I am now giving them some of there own medicine so to speak. I realise that the debts will never go away, and the most likely outcome will be to settle over an offer that both parties feel is reasonable to accept. In the mean time the saga continues

redforever;

You decided to try to get out of paying back the debt you owe to Halifax via the CCA route, and then you decided that Lloyds TSB also don't deserve to be paid back the money that you took and spent.

Do you imagine for a second that finding a way not to pay, means that the debt will just go away because it might become unenforceable to collect through the Courts - and that will somehow enable you to then get further credit?

I find it surprising you have a default so soon. It is usually only after several (more than 3) months of non-payment they even warn you of a possible default.

If your account dates pre 2007, but more especially pre 2004 it is possible the agreement may be faulty or even irretrievable. The older the account the more likely it is unenforceable.

Hi Redforever,

Before you send the SAR request off, what are you hoping to achieve.

The desired outcome would dictate your next move.

S

redforever

Yes send an SAR request by recorded delivery to the companies Data Protection Officer. Be prepared to receive a lot of paperwork, but not your original signed agreement.

See the following thread. There is a letter contained in conmankillers post which requests the information you are looking for

http://www.moneysupermarket.com/community/forums/t/sar-template-36954.aspx

The reason it can be difficult to obtain original signed CCA's is due to the way most companies handle their paper records. Most companies scan or film the document and then put the original in a box along with hundreds of others. The box is then sent off to a secure offsite storage company. As you are talking about hundreds, if not thousands of boxes, it can be difficult to retrieve one document. In order to retrieve your CCA, the company would need to request a van load of boxes back from the storage record date. It would then hours to look through the boxes. This can be very costly, much more than the £10 SAR request. The problem with the scanned or filmed records, is that quite often these records are poor or cannot be accessed.

I would make the SAR request with this in mind. Then if the company does not fully comply with this and cannot provide an enforceable CCA, you will need to take this further with the ICO and FOS.

Huckster

And now you have a default you will be charged 20%+ apr for the next 6 years on any other credit applied for,,,,so wrong

I sent a copy of a template letter from this forum to Halifax requesting a copy of my CCA and enclosed the £1 fee.

I received no reply.

I waited several weeks before sending a second letter (again from a forum template) outlining that they had failed to reply to my previous requests and that the account was now in dispute and also that I would not be making any further payments until they provided me with the requested documents. I have not received a reply to either letter.

I have since received an account default notice.

I am know wondering what should be my next step or response ?

Should I just ignore them, send another letter or a full SAR request.

Any help would be greatly appreciated