Should I take Halifax to Court?

[count12]

Hello, I had an Halifax card for about 20 years, did a 78s request and they admitted in writing the following:

 

"As yet, we have been unable to supply details of the reconstituted version of the executed agreement or copy of your original signed agreement".

 

That was back in November 09, so im assuming they still cannnot locate the contract. I stopped paying them and owe nine grand.

 

However they have now passed my details onto three different companies, FPC, Albion, and Power2contact.

 

In each case, I sent them a letter from the library, revoking there licence under common law to vist me at home. Today Power2contact, called unannounced. The guy was pleasent enough and left without too much fuss.

 

Im considering taking Halifax, and Power2contact to court for damages and to get them off my back.

 

Anybody done this? How much should I ask for in damages?

 

Thanks

 

P

[Guest wino]

I would send the 'account in dispute' letter to the DCAs

I would not take the Halifax to court over this. They would probably counter claim for the £9,000. There is a chance they could win.

 

I went to court and the Judge dismissed the fact that there was no CCA and awarded a charging order on my house. He said that there must of been a CCA in the begining otherwise I would not of been given the finance.

[count12]

Hi Winno, thanks for your reply. What the court did to you is surely flies in the face of what the CCA states? Without a proper agreement, (pre 2007)

i thought the CCA states it should be uneforceable?

 

Sorry to hear that.

 

P

[Guest wino]

What the court did to you is surely flies in the face of what the CCA states? Without a proper agreement, (pre 2007)

i thought the CCA states it should be uneforceable?

 

 

 

So did I:confused:

[count12]

Wino, surely you could appeal? Go to your MP, take the written text from the CCA where it indicates the requirements for an enforceable contract and ask how come?

 

I definetly would, cause stink that is.

 

My situation is different, I dont own anything of value, so I could take Halifax to court, knowing they cant counter claim, but ive written them a letter asking them to stop pestering me, doubt if it will work, otherwise im collecting evidence to have a pop.

 

P

[SJP37]

Wino, surely you could appeal? Go to your MP, take the written text from the CCA where it indicates the requirements for an enforceable contract and ask how come?

 

I definetly would, cause stink that is.

 

My situation is different, I dont own anything of value, so I could take Halifax to court, knowing they cant counter claim, but ive written them a letter asking them to stop pestering me, doubt if it will work, otherwise im collecting evidence to have a pop.

 

P

 

Hi count12,

 

If you have very little disposable income, could you not just send them an I&E form alongwith a token £1 a month payment, that way they can see that you can't afford to pay and would more than likely put off court action.

 

By the way, I am in exactly the same situation as you with Ablion but I just keep saying that the account is in dispute with Halifax. And you should note that Albion are Halifax's in-house DCA! I think this is another one of their scare tactics that the debt has been passed on when inactual fact it hasn't, I might be wrong, but would like to hear anyone else's comments on this.

 

Hope this is of some help.

[count12]

Hi thanks for the info on Alibion being an in house DCA. I dont know if Power2contact is part of their organisation, or a DCA, but they called on me yesterday.

 

In my opinion they can take me to court if they want to. The National Debt Helpline, told me to go bankrupt, and that the court can only make me pay what I can afford. That amounts to basically nothing.

 

I wrote to Halifax, reminding them that the account is in dispute, and they admitted they cannot find the agreement, and stated they would not take enforcement action without an agreement. So why the call from Power2contact? To me thats harrassment after their admission that they cannot find the agreement, (unless they have found one from 20 years ago).

 

Ill wait their reply, or next doorstep vist?

 

By the way, whats I&E?

[SJP37]

Hi thanks for the info on Alibion being an in house DCA. I dont know if Power2contact is part of their organisation, or a DCA, but they called on me yesterday.

 

In my opinion they can take me to court if they want to. The National Debt Helpline, told me to go bankrupt, and that the court can only make me pay what I can afford. That amounts to basically nothing.

 

I wrote to Halifax, reminding them that the account is in dispute, and they admitted they cannot find the agreement, and stated they would not take enforcement action without an agreement. So why the call from Power2contact? To me thats harrassment after their admission that they cannot find the agreement, (unless they have found one from 20 years ago).

 

Ill wait their reply, or next doorstep vist?

 

By the way, whats I&E?

 

Firstly I&E is Income & Expenditure of which there is an excel spreadsheet template on the forum which you can use.

 

As for Power2Contact, I wrote to them and said that I hadn't lost contact with Halifax, the account is in dispute and that if they turn up on my property then I would call the police as they would be tresspassing, again there is a template on here for that.

 

But if they say they haven't got a copy of the signed CCA then why bother forcing their hand, just pay the £1 a month token payments.

[Dotty50]

Hi Count,

 

I have been playing letter tennis with them since April last year and getting nowhere, like many others on here.

 

Here is my thread if you want a read, but there are many others on here as well.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/200906-halifax-cca.html

 

Whether you want to pay or not, they just seem to send out standard responses. I stopped paying in about June after having this card since 1988, my plan was to try and get a reduced settlement but at the moment they are getting nothing!