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Have received a "reconstituted version of the executed agreement" (basically 8 pages of computer generated past and present T & C's) in response to CCA request.
Covering letter below.
Now, a little twist ,in that we have what we believe is OH's copy of the agreement. I say believe, as the document obviously acted as a card carrier - glue still on there. See below - front and back of document.
You will note that there is no provision for either creditor or debtor to sign, so assume this renders it unenforceable? Would be grateful if someone could just double check the docs for any other omissions etc.This agreement was taken out on-line, late 2003 - should OH have been sent something to sign?
Will await your opinions on enforceability of agreement before we decide next move.
T&C's all there in numerical order - just omitted when scanned, sorry about that!
Do you have any comments concerning the lack of any signatures?
Have been reading lots of posts in this section and it seems that Halifax are prooving particularly difficult to deal with so really would like to know if our copy of the agreement is enforceable before we pursue Halifax to see what they've got.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Halifax have not forwarded a copy, the 2nd & 3rd images in post #7 are OH's copy agreement sent with the card when account was opened.
All we have received from Halifax in response to the CCA request are several pages of computer generated T & C's.
Sorry for any confusion.
Johnerog -
The account was opened late 2003 which is why I thought a signature would still have been required? If this is the case, there is nowhere on the document to sign. Which leads us to Supa's response concerning CPR.
Supa -
You have confirmed our thoughts in so much as we cannot be absolutely sure without entering along the CPR route, that the copy we have in our possession is all that the Halifax have. But, IF it is, the absence of signatures will deem it unenforceable?
I havent seen the scans as I can't access them from work but the short answer is YES, the agreement will be unenforceable under s127 CCA1974 if they cannot produce an agreement that bears your signature.
As Supa has posted above, you could go down the CPR route or simply ask them outright in a letter if they have an original bearing signatures of both parties and the dates of signing.
The next step for you is to send off a DISPUTE letter to them (I am sure you'll find some good templates on here) detailing that you do not believe that the correspondence received pursuant to your CCA request satisfies their obligations under CCA s77/78 and that you do not believe that a properly executed agreement exists. Offer them to forward you further information so as to prove the existence of a properly executed agreement and until such time you shall not make any further payments to the disputed account.
Fluffy.
Just noticed that one of these scans is the delivery letter for a CC. The other is just a sheet of t&c's and cancellation notice. I don't see anything their that constitutes an agreement. No credit limit, no specified APR, no sigs.
Anne Gartshore, if she exists, is a stranger to the truth.
Check out ' why you shouldn't use the 77/78 etc' on this forum (pt2537) its excellent.
I did indicate in my first post that the second scanned document (which states it is a copy of the agreement) came with the card.
It does specify a credit limit, I have just deleted it from the scan and it also sets out interest rates.
I just wonder if perhaps the blank space at the foot of column two may hold the signature boxes???? Guess it's reasonablke to think that as this doc also acted as the card holder, Halifax may have deleted this from our copy?
Only way to be sure is to pursue them for a copy bearing OH's signature as stated in previous post.
Will send off account in dispute letter and would love to cease payments, however am concerned that they might use their right of set off against our Lloyds current account as Halifax are now part of LLoyds Banking Group. Would they be able to do this?
Fluffystuffs OH & Halifax Credit Card
See below - front and back of document.
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Originally Posted by Fluffystuff
