Thread: Confused - v - Halifax

I sent off a CCA to Halifax and have got the standard letter in reply and supplying a 'reconstituted' copy of the executed agreement. Funny thing is they enclosed 2 agreements (both look like they are newly typed), one from BOS and the other from Halifax. I have never had a BOS account of any kind. Whats also great is that the terms are different for both accounts. They both start with the line ' the parties to this agreement are "lender" and "me".

I will try to post up copies later but as they are scanned as RTF docs they will take up a lot of space, 6-7 pages each.

here is the BOS agreement even though I have never had a BOS card::

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
This is a copy of your Agreement for you to keep. It includes a notice about
____________ your cancellation rights which you should read.____________
1. PARTIES
The parties to this Agreement are Bank of Scotland plc, The Mound, Edinburgh, EH1 1YZ and xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
2. KEY FINANCIAL INFORMATION
2.1We will decide your credit limit and tell you what it is. We may change it at any time and will
let you know about any change.
2.2We will send you a monthly statement (including making the information available to you on a
secure webpage if you receive statements in this way), unless there have been no payments
into or out of the account during that period and the balance is nil. Each month, if the balance is
£5.00or more, you must repay the greater of:-

a)1 % of the amount you owe us; or
b)an amount equal to the total of any Credit Card Repayments Cover premiums, interest (or the
minimum interest charge), over limit and late payment fees plus £5.
If the balance is less than £5.00, then you must repay the full amount. Your statement will show the date by which you must make this month's payment.
2.3 The APR for the Agreement is 25.9% APR (variable).
3. OTHER FINANCIAL INFORMATION
3.1The total charge for credit is £195.91, consisting of £195.91 interest. This is based on credit
of £1,500 being borrowed at the start of the agreement over one year at the standard interest
rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments
beginning one month after the start of the agreement.
3.2Our interest rates are as follows.


On balance transfers, related interest and charges
On cheques, related interest and charges
On cash advances, related interest and charges
On purchases and all other amounts, except default sums
Special promotion rate per annum (fixed)
0.0%*
N/A
N/A
0.0%*
Special promotion period
12 Months from account opening.
N/A
N/A
3 Months from account opening.
Standard rate (variable) per annum (compounded)
25.95%
27.95%
27.95%
25.95%
*The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Bank of Scotland plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out. We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment date or if you exceed your credit limit at any time. We will not charge interest on default sums.


3.3 We calculate interest on your average daily balance and charge it to your account on each
statement date. The interest rates shown above are calculated by compounding the interest
we charge each month over one year. The simple interest rates (not including interest being
charged on interest) are:-
Balance transfers 23.29% per annum
Cheques 24.95% per annum
Cash advances 24.95% per annum
Purchases 23.29% per annum
3.4We will not charge interest on purchases shown on your current statement, if you pay the
total balance shown on that statement by the payment date (and have also paid the total
balance on the previous statement by the payment date). On all transactions where we do
charge interest, we charge it from the date we first charge the amount to your account.
3.5If you do not pay the total balance shown on your statement, at the date of the next statement
we will add the interest we have charged on the unpaid amount to the balance we charge
interest on. We will continue to charge interest, at our usual rates, on any unpaid balance
after this agreement has ended and both before and after we have got a court judgment. If
we allow you to miss or reduce one or more monthly payments, we will continue to charge
interest on the full amount you owe on your statement (including on the interest for that
month).
3.6We use any payments you make to pay off transactions that appear on your statements
starting with those on which we do not charge interest, then those on which we charge
interest at the lowest rate and so on up to the highest rate of interest. If the payment is not
enough to pay off all transactions at a particular interest rate, we will pay off transactions
charged at that interest rate in the order:- default sums, balance transfers, purchases,
cheques and cash advances. If you pay more than the amount due shown on your statement,
we will use any remaining payment to pay off transactions that have not yet appeared on your
statement in the same order as those that do appear on your statement. In this condition,
"transaction" includes the amount of the purchase, cash advance, cheque, default sum or
balance transfer plus any interest, fees or insurance payment charged as a result of that
transaction. For example, a cash advance fee is included as part of a cash transaction.
3.7When we work out the APR, we do not take into account any changes to the interest rate,
charges or fees. We may change these and also introduce new charges and fees which may
affect the APR at any time by giving you notice under condition 14.2.
4. KEY INFORMATION
4.1 We will charge:-
•£12.00 each month in which a minimum payment amount that should have been paid
remains outstanding.
•£12.00 each month if, at any time during that month, you go over your credit limit.
•£12.00 each time a direct debit, cheque or other item is not paid, including a cheque which
you write.
4.2 We will charge handling fees for cash advances, balance transfers and cheques; a minimum
interest charge; and fees when you make transactions in foreign currency or pay us in foreign
currency. We will also charge you if you ask:-
•for copy statements;
•to change your statement date more than twice in any six month period; or
•to stop a cheque written to your account (unless the cheque was lost or stolen)
The details of these charges are shown in conditions 5 and 8.1.
MISSING PAYMENTS
Missing payments could have severe consequences and make obtaining credit more difficult. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.
The Act also gives you a number of rights:
1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.


2)If you received unsatisfactory goods or services paid for under this agreement, apart from any
bought with a cash loan, you may have a right to sue the supplier, us or both.
3)If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still
be able to sue us.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
THEFT. LOSS OR MISUSE OF CREDIT CARD
If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days.
YOUR RIGHT TO CANCEL
Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to: Bank of Scotland plc, Card Services, PitreavieBusinessPark, Dunfermline, Fife KY99 4BS.
If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation you will not have to pay interest or other charges. Any money you have paid must be returned to you.
Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request.
You will not, however, be required to hand back any goods supplied to meet an emergency or
which have already been incorporated, for example in your home. But you will still be liable
to pay for emergency goods or services or for any goods which have been incorporated by
you or one of your relatives._________________________ _________________________ ____
CANCELLATION FORM
(Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)
To Halifax, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS:
I/We* hereby give notice that I/We* wish to cancel this credit card agreement.
Signed Date
*delete as appropriate
Please note that the cancellation rights above only apply if this is the first credit card you have
received under this agreement.
I wish to purchase Credit Card Repayments Cover. [ ]
I wish to purchase Card Care [ ]
I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement.
Your signature
Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:-


a)that the details provided by you in your application are correct;
b)that your data may be used as set out in the Data Protection Declaration on the application form;
and
c)to be bound by the General Credit Card Conditions.
GENERAL CREDIT CARD CONDITIONS
5 Charges
5.1We make a handling charge of 3% (at least £3.00) for all cash advances. We also make a
handling charge of 3% (at least £3) for balance transfers and cheques. We may also limit the
amount of your overall balance that can be made up of cash advances to a percentage of
your overall credit limit. If we apply this cash limit we will tell you what that limit is and we will
tell you if it changes at any time. We may limit the amount you may draw from your account
as cash advances within any one day or other period notified to you by us.
5.2If in any month you incur interest and this is less than 50p, we will make a charge of 50p
which will be added to your account in place of the interest.
5.3If you make transactions in a foreign currency, we will change the amount to sterling at the
exchange rate used by the payment system on the date the transaction is passed to us by
them. You can find out this exchange rate by calling us on the Customer Services number
shown on your monthly statement, however if you call before the transaction is added to your
account, the rate we provide will only be indicative. We will charge 2.95% of the value of
each foreign-currency transaction. The sterling amount shown on your statement will include
this charge. If the transaction is a cash advance we also charge the cash advance handling
charge shown above.
5.4We may also charge you for the following special services.

•Sending a copy statement £5
•Changing your statement date (if you have already £5
asked us to change the date twice in the last six months)
•Processing any foreign currency payment to us £10
5.5 We may change any of the charges listed in conditions 4, 5 and 8.1 and introduce new
charges at any time by giving you notice under condition 14.2.
6 Words with special meanings
"We1, 'us' and 'our' mean Bank of Scotland plc and any organisation that takes over the benefits of this agreement. The words 'you', 'y°ur' ancl V°urs' refer to tne person who entered into this agreement with us. The following words have a special meaning.
Balance transfer - any balance we allow you to transfer from another UK account. Card - any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card or money transfers, finance payments or gambling transactions made with the card. Cheque - a cheque which we send you to draw money from your account. Default sum - an amount (other than interest) payable by you under this agreement because you have broken the agreement. Finance payment - using your card to repay finance such as a loan agreement or hire purchase. Gambling transaction - using your card to purchase lottery tickets or take part in a any form of gambling such as betting, gaming or wagering. Online service - our service allowing you to access information and services and make payments on your account over the internet; Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases -goods and services bought using the card or card account number. Recurring transaction -your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Security details - the security details we give you, or which you choose, which allow you to access information and services and make payments on your account and include: the passwords and/or username used to confirm your identity when using the telephone service or the online service and the additional security details we set for you when using the online service; Telephone service -our service which allows some customers to access certain information and services and make payments by telephone; Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder.
7 Using your account


7.1 We will open a credit card account for you and give you and any additional cardholder a card
each. You authorise us to issue cards and a pin to you and any additional cardholders. You
authorise each additional cardholder to use the card and to authorise transactions on your
behalf. As long as this agreement covers it, we may send you a different type of credit card
from the one you asked for, and replace it with a different type of credit card.
You must not let your account go over your credit limit or use your account if it is already over
your credit limit. Your account must not be used for illegal transactions.
We will charge to your account any amounts arising under transactions, which you or any
additional cardholder make, and any other amounts you have to pay us under this
agreement.
7.2You cannot use our credit card cheques to pay off any amounts you owe us or to make
payments in foreign currencies. Our credit card cheques are valid until the expiry date printed
on the cheque, and cannot be used after that date.
7.3Cards and unused cheques belong to us. If we ask you to, you must not use them and must
return them to us. We may at any time suspend, restrict or cancel your or an additional
cardholder's use of a card and/or cheques, refuse to issue or replace a card and/or cheques or
stop the use of the telephone or online service for reasons relating to any of the following:

7.3.1we are concerned about the security of your account or any cards/cheques we have issued to
you or an additional cardholder;
7.3.2we suspect your account is being used in an unauthorised or fraudulent manner; or
7.3.3there is a change in your circumstances which gives us reasonable grounds to believe there is a
significantly increased risk that you may have difficulty in repaying the sums you owe under this
agreement.

7.4We may change the account number or pin at any time if we have a good reason. You or any
additional cardholders must only use the cards between the Valid from' and 'end dates' printed
on them.
7.5We will only accept that you have paid any money you owe us when we receive your
payment at our processing centre.
7.6Where interest is payable, the earlier you make a payment, the less interest you have to pay.
We do not recommend that you only pay the minimum payment for prolonged periods.
7.7You must not make payments or transfer funds from another credit or store card to your
account that would leave a credit balance on your account. We may return any funds that
exceed the balance owing on your account to the account from which the money has been
sent.
7.8If you use the telephone service or the online service, we will let you know what you can use
the service for. When you use these services, we may ask you to provide some of your
security details.
8 Making and stopping payments
8.1You can stop a cheque if you tell us before we pay it. We may charge a fee of £10, unless the
cheque was lost or stolen. You can stop a recurring transaction if you tell the person you are
paying in time. You cannot stop other transactions other than as set out in condition 8.3.
8.2The authorisation of a transaction can include authorising any single transaction, a series of
recurring transactions (including transactions for an indefinite period) or pre-authorising a future
transaction of a certain or uncertain amount. A transaction will be regarded as authorised by
you or an additional cardholder where you or an additional cardholder:
8.2.1 authorise the transaction at the point of sale by following whatever instructions are provided by
the merchant to authorise the transaction, which may include:
a. entering a pin or providing any other security code; or
b. signing a sales voucher;
8.2.2insert a card and provide your or their pin and make a request for a cash advance at an ATM;
8.2.3make a request for a cash advance at any bank counter;
8.2.4orally or in writing provide the card details to us or our representative and request a balance
transfer, cash advance or money transfer from the account; or
8.2.5present (including sending) a completed credit card cheque to any person.
8.2.6provide us with your security details and instruct us to carry out the transaction.

8.3Authorisation for a transaction may not be withdrawn (or revoked) by you or an additional
cardholder after the time it is received. However, if you or an additional cardholder gives notice
to us or the supplier (providing a copy of the notice to us) then any transaction which is agreed
to take place on a date later than the date it was authorised so long as notice was provided no
later than the close of business on the business day before it was due to take place may be
withdrawn.
8.4Funds to cover the authorised transactions received by us will be paid over to the retailer's bank
within 3 days following the receipt by us of the instruction to make payment and may take an
additional day if authorised using a paper based authorisation process.
8.5A transaction will be received as follows:


8.5.1For purchases and ATM transactions, at the time we receive the transaction instruction from the
payment scheme;
8.5.2For balance transfers or other transactions communicated directly to us, at the time you or an
additional cardholder asks us to complete the transaction.
8.5.3If a transaction is received after 5pm, the transaction instruction or request will be deemed to
have been received by us on the following business day.
8.6 We may refuse to pay a transaction:
8.6.1for any of the reasons set out in 7.3 above;
8.6.2if there are not enough funds in your account to cover the amount of the transaction;
8.6.3if we have reasonable grounds to believe that you are (or an additional cardholder is) acting in
breach of this agreement;
8.6.4if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that
a transaction is being made fraudulently); or
8.6.5because of errors, failures (whether technical or otherwise) or refusals by merchants, payment
processors or payment schemes processing transactions.
8.7 If we refuse to authorise a transaction under 8.6 above, provided it would not be unlawful for us
to tell you why we refused to authorise the transaction, we will do so at the point of the
transaction either orally or in writing depending on the nature of the transaction being made.
You may correct any information we hold and which may have caused us to refuse to authorise
a transaction by contacting us on the Customer Services number shown on your monthly
statement.
9 Refunds
9.1 You may be entitled to claim a refund in relation to transactions where:
9.1.1the transactions were not authorised under this agreement;
9.1.2we are responsible for a transaction which was incorrectly executed and you or an additional
cardholder notified us in accordance with condition 12 below; or
9.1.3a pre-authorised transaction did not specify the exact amount at the time of its authorisation and
the amount charged by a supplier is more than you or an additional cardholder could reasonably
have expected taking into account normal spending patterns on the card or the circumstances of
the transaction.
9.2 A claim for a refund in the circumstances set out in 9.1 above will not be accepted if:
9.2.1the amount of the transaction was made available to you or an additional cardholder at least 4
weeks before the transaction date;
9.2.2it is made more than 8 weeks after being debited to your account.
10 Security
You must sign your card and make sure that any additional cardholders sign their cards as soon as you get hem. You must make sure that you and any additional cardholders:
•keep the card and cheques safe and keep the pin and other security
information secret;
•do not allow anyone else to use your card, pin or other security information;
•always learn your pin and other security information and destroy any
notice of the pin straightaway; and
•do not write down or record your pin or other security information without disguising it.
11 Online service security
Our online service is secure. You must always use the sign off facility when you are finished and never leave your machine unattended while you are signed in. As a security measure, if you have not used the site for more than a specified period of time we will ask you to sign in again.
12 Lost and stolen cards and unauthorised or incorrectly executed payments
12.1You must call us immediately on 0845 728 3848 if the card or cheques are lost or stolen or
could be misused, or someone other than you or any additional cardholder knows the pin or if
you think a transaction has been improperly executed. You need to give us the card number.
If we ask, you must write to us within seven days to confirm your call. The address is Bank of
Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS.
12.2Generally, you will not be liable for misuse of a card, cheque, pin or security details (other
than by you or an additional cardholder), including where the card is used before you receive
it. You will be liable for misuse by a person who got the card, pin or security details with your
permission until you tell us about the possibility of misuse. However, you will not have to pay
us any money for any loss we suffer because of the use of a card, cheque, pin or security
details where they have been used without your authority in connection with a distance
contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the
Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate


authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin.
12.3 In addition, in relation to our online service:
•If you are a victim of fraud through our online service we guarantee that you will not lose
any money on your accounts and will always be reimbursed in full.
•Unless you are a victim of fraud or the payment transaction is incorrectly executed, you
are responsible for all instructions and other information sent using your security details.
•We do not accept responsibility for any loss you or anybody else may suffer because
any instructions or information you send us are sent in error, fail to reach us or are
distorted unless you have been the victim of fraud.

12.4If you find any card or cheque after you report it under condition 12.1, you must cut it in half and,
if we ask, return it to us.
12.5Telephone service - if you think that someone else knows any of your security details, you must
tell us as soon as you can by phoning the Customer Services number shown on your monthly
statement. You must give us any help we think is necessary to try to find out who might have
used your security details.
12.6Online service - if you think that someone else knows your security details, you must do the
following:

•For your password, change it online as soon as possible. If you have difficulty changing
your password, you must phone the Helpdesk number shown on the online service
website immediately. You can give the Helpdesk your username if you phone them to
change your password.
•To change your additional security details, you will need to phone the Helpdesk
immediately.
13 Breaking the agreement and if you die
If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. We may ask for immediate payment of the full amount you owe if:
•you break this agreement repeatedly or in any significant way;
•you die;
•you have told us something misleading or false; or
• you are in financial difficulties (for example, you are likely to be made bankrupt).
We will follow the correct legal requirements when we do this including the
requirements made under the Consumer Credit Act to serve notices before
certain action is taken.
14 Changes
14.1You must let us know if your circumstances change in a way which we might not otherwise
know about and which is likely to change our assessment of your financial standing.
Examples of such changes in your circumstances include if you lose your job, your income
significantly reduces for whatever reason or if you are off work due to long term sickness.
14.2We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will
only reduce your credit limit or cash limit if we have a good reason, for example, your
circumstances change or because our assessment of the risks of lending to you changes.
For any other changes, we can change this agreement, including the interest rates and
charges, for any good reason. We will give you at least 30 days' notice in writing of any
change to your disadvantage, other than a change to your interest rates, cash limit or credit
limit. We will give you at least 7 days' notice of any change to your interest rates or any other
change to these conditions that is not to your disadvantage.
14.3We may offer you benefits along with your account and we will tell you what benefits we offer.
We may change, withdraw or suspend these benefits at any time by giving you reasonable
notice.
/
15 How we limit our liability
We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any abnormal and unforeseeable circumstances beyond our control, including but not limited to:
•any consequences which would have been unavoidable despite all efforts to the contrary; or
•our compliance with legal and regulatory requirements.
16 Additional cardholders
You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional


cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us.
17 Ending or suspending this agreement
17.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us if we ask.
18 Transferring rights under this agreement
18.1You may not transfer any of your rights or duties under this agreement.
18.2We may transfer any or all of our rights or duties under this agreement to another
organisation (including organisations outside the European Economic Area). If we do this,
we may let them have any information about you or an additional cardholder. We may also
arrange for any other person to carry out our rights or duties under this agreement. Your
rights under this agreement and your legal rights (including under the Consumer Credit Act
1974) will not be affected.
19 General
19.1We may send any notices, statements or other information to the last address you gave us
(including an electronic address if you receive documents through our online service). We
will treat them as arriving two days after we posted them. If you receive your documents
online, we will treat them as having arrived one day after we send the email notifying you that
the document is now available to view.
19.2We can monitor and record phone calls to or from us. We do this to check what was said and
also to help us train our staff.
19.3We can delay in enforcing, or fail to enforce, our rights under the agreement without losing
them. We may also accept part-payments marked as 'payment in full' or with similar wording
without losing our right to claim full payment.
19.4Each paragraph and subparagraph in these conditions is separate from the others. This
means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our
right to enforce any of the others.
19.5Nobody other than we or you can enforce any part of this agreement, under the Contracts
(Rights of Third Parties) Act 1999.
19.6This agreement is governed by English law.
TBTHC2TH1R 73.00.00191009

Here is the Halifax agreement:

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
1. PARTIES
The parties to this Agreement are Halifax plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx
2. KEY FINANCIAL INFORMATION
2.1We will decide your credit limit and tell you what it is. We may change it at any time and
will let you know about any change.
2.2We will send you a monthly statement, unless there have been no payments into or out of
the account during that period and the balance is nil. Each month, you must repay at
least 2% of the amount you owe us, or £5.00, whichever is more. If the amount you owe
is less than £5.00, you must pay the full amount. Your statement will show the minimum
you must pay and the payment date.
2.3The APR for the Agreement is 19.9%APR (variable).
3. OTHER FINANCIAL INFORMATION


3.1
3.2

The total charge for credit is £153.33, consisting of £153.33interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement.
Our interest rates are as follows.




On balance transfers, related interest and charges
On cheques, related interest and charges
On cash advances, related interest and charges
On purchases and all other amounts
Special promotion rate per annum (fixed)
0.0%*
N/A*
N/A*
0.0%*
Special promotion period
12 months from account opening
N/A
N/A
3 months from account opening
Standard rate (variable) per annum (compounded)
19.94%
21.95%
22.95%
19.94%


3.3

*The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Halifax plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out.
We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding


the monthly interest rate over 12 months. The simple interest rates (not including interest
being charged on interest) are:-
Balance transfers 1.527% per month
Cheques 1.667% per month
Cash advances 1.736% per month
Purchases 1.527% per month
3.4We will not charge interest on purchases shown on your current statement for up to 59
days from the date of the purchase, if you pay the total balance shown on that statement
by the payment date (and have also paid the total balance on the previous statement by
the payment date). Where we do charge interest on purchases, we charge it from the
date of the transaction. We will always charge you interest on cash advances from the
date of the transaction and for cheques, balance transfers and all other amounts from the
date we first charge the amount to your account.
3.5If you do not pay the total balance shown on your statement, at the date of the next
statement we will add the interest we have charged on the unpaid amount to the balance
we charge interest on. We will continue to charge interest, at our usual rates, on any
unpaid balance after this agreement has ended and both before and after we have got a
court judgment. If we allow you to miss or reduce one or more monthly payments, we will
continue to charge interest on the full amount you owe on your statement (including on
the interest for that month).
3.6We use all payments you make to pay off your balance in the following order:-

1)Transactions that appear on your statement, starting with those on which we do not
charge interest, then those on which we charge interest at the lowest rate and so on up to
the highest rate of interest
2)Transactions not yet shown on your statement in the same order as above.
In this condition, "transaction" includes the amount of the purchase, cash advance, cheque or balance transfer plus any interest, fees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction. If a payment is not enough to pay all transactions charged at a particular rate of interest, we will use the payment firstly to pay off the interest, then any fees, insurance and finally the amount of the purchase, cash advance, cheque or balance transfer within that interest rate band.
3.7 When we work out the APR, we do not take into account any changes to the interest rate,
charges or fees. We may change these and also introduce new charges and fees which
may affect the APR at any time by giving you notice under condition 12.2.
4. KEY INFORMATION
4.1 We will charge:-
•£25.00 each time you do not make a minimum payment by the payment date.
•£25.00 if your account balance is over your credit limit on a statement date.
•£25.00 each time a direct debit, cheque or other item is not paid, including a cheque
which you write.
4.2 We will charge handling fees for cash advances, balance transfers and cheques; a
minimum interest charge; and a fee for transactions in foreign currency, all of which are
shown in condition 5.


MISSING PAYMENTS
Missing payments could have severe consequences and make obtaining credit more difficult IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, Halifax plc cannot enforce this agreement without getting a court order.
The Act also gives you a number of rights:
1)You can settle this agreement at any time by giving notice in writing and paying off the
amount you owe under the agreement.
2)If you received unsatisfactory goods or services paid for under this agreement, apart from
any bought with a cash loan, you may have a right to sue the supplier, Halifax plc or both.
3)If the contract is not fulfilled, perhaps because the supplier has gone out of business, you
may still be able to sue Halifax plc.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
THEFT. LOSS OR MISUSE OF CREDIT CARD
If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to Halifax plc. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to Halifax plc for losses which take place after you have told Halifax plc about the theft, etc as long as you confirm this in writing within seven days.
YOUR RIGHT TO CANCEL
You have a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to Halifax plc, Card Services, PitreavieBusinessPark, Dunfermline, Fife, KY99 4BS. You have ten days starting with the day after you received this copy. You can use the form provided.
If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation, you will not have to pay interest or other charges. Any money you have paid must be returned to you.
Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request.
You will not, however, be required to hand back any goods supplied to meet an emergency or
which have already been incorporated, for example in your home. But you will still be liable to
pay for emergency goods or services or for any goods which have been incorporated by you or
one of your relatives._________________________ _________________________ ____________
CANCELLATION FORM

(Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)
To Halifax plc, PitreavieBusinessPark, Dunfermline, Fife, KY99 4BS: I/We* hereby give notice that I/We* wish to cancel this credit card agreement.
Signed
Date
--1
*delete as appropriate
Please note that the cancellation rights above only apply if this is the first credit card you
_______ have received under this agreement________________ _________________________
I wish to purchase Credit Card Repayments Cover. [ ]
I wish to purchase Card Care [ ]
I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement.
Your signature
Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:-
a)that the details provided by you in your application are correct;
b)that your data may be used as set out in the Data Protection Declaration on the
application form; and
c)to be bound by the General Credit Card Conditions.
GENERAL CREDIT CARD CONDITIONS
5. Charges
5.1We make a handling charge of 2.5% (at least £2) for cash advances and 2% (at least £2,
but no more than £50) for balance transfers. We may also limit the amount you can take
out as a cash advance to a percentage of your overall credit limit. We will tell you what
this cash limit is when you open your account. We will also tell you if the percentage
changes at any time
5.2We may charge a handling fee of 2% (at least £2) for cheques offered at special
promotional rates other than a special promotional rate you received when your account
was opened.
5.3If in any month you incur interest and this is less than 50p, we will make a charge of 50p
which will be added to your account in place of the interest.
5.4If you make transactions in a foreign currency, we will change the amount to sterling at
the exchange rate used by the payment system. We will charge 2.75% of the value of
each foreign-currency transaction. The sterling amount shown on your statement will
include this charge. If the transaction is a cash advance we also charge the cash
advance handling charge shown above
5.5We may change any of the charges listed in condition 4.1 or this condition 5 and
introduce new charges at any time by giving you notice under condition12.2.
6. Words with special meanings



'We', 'us' and 'our' mean Halifax plc and any organisation that takes over the benefits of this agreement. The words 'you', 'your' and 'yours' refer to the person who entered into this agreement with us. The following words have a special meaning.
Balance transfer - any balance we allow you to transfer from another UK account. Card -any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card. Cheque - a cheque which we send you to draw money from your account. Continuous payment authority - your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases - goods and services bought using the card or card account number. Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder.
7. Using your account
7.1 We will open a credit card account for you and give you and any additional cardholder a
card each. As long as this agreement covers it, we may send you a different type of
credit card from the one you asked for, and replace it with a different type of credit card.
We may refuse to replace a card if you do not keep to this agreement.
You must not let your account go over your credit limit or use your account if it is already
over your credit limit. Your account must not be used for illegal transactions.
We will charge to your account any amounts arising under transactions, which you or any
additional cardholder make, and any other amounts you have to pay us under this
agreement.
7.2You cannot use cheques to pay off any amounts you owe us or to make payments in
foreign currencies.
7.3Cards and unused cheques belong to us. If we ask you to, you must not use them and
must return them to us. We will only ask for them if we have a good reason. For
example, if you are not keeping to this agreement, or for security, technical or design
reasons. If we ask you to return the card or if we believe the card is being misused, we
may also put a 'stop' on it. This will prevent you from using it. We may also do this to
minimise the risk of fraud if your account has not been used for more than 12 months.
We may change the account number or pin at any time if we have a good reason. You or
any additional cardholders must only use the cards between the Valid from' and 'end
dates' printed on them.
7.4We will only accept that you have paid any money you owe us when we receive your
payment at our processing centre.
7.5Where interest is payable, the earlier you make a payment, the less interest you have to
pay. We do not recommend that you only pay the minimum payment for prolonged
periods.
7.6You must not transfer funds from another credit or store card to your account that would
leave a credit balance on your account. We may return any funds that exceed the
balance owing on your account to the account from which the money has been sent.
8. Stopping payments and refunds
8.1You can stop a cheque if you tell us before we pay it. You can stop a continuous
payment authority if you tell the person you are paying in time. You cannot stop other
transactions.
8.2We will only make a refund to your account if we have reasonable proof that you are
entitled to a refund.
9. Security


You must sign your card and make sure that any additional cardholders sign their cards as soon as you get them. You must make sure that you and any additional cardholders:
•keep the card and cheques safe and keep the pin and other security information
secret at all times;
•do not allow anyone else to use your card, pin or other security information;
•always learn your pin and other security information and destroy any notice of the pin
straightaway; and
•do not write down or record your pin or other security information without disguising
it.
10. Lost and stolen cards
10.1You must call us immediately on 08457 20 30 99 if the card or cheques are lost or stolen
or could be misused, or someone other than you or any additional cardholder knows the
pin. You need to give us the card number. If we ask, you must write to us within seven
days to confirm your call. The address is Halifax Card Services, Pitreavie Business Park,
Dunfermline, Fife KY99 4BS.
10.2Generally, you will not be liable for misuse of a card, cheque, or pin (other than by you or
an additional cardholder), including where the card is used before you receive it. You will
be liable for misuse by a person who got the card with your permission until you tell us
about the possibility of misuse. However, you will not have to pay us any money for any
loss we suffer because of the use of a card, cheque or pin where they have been used
without your authority in connection with a distance contract as defined by the Consumer
Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance
Marketing) Regulations 2004. We may give the appropriate authorities any information
we consider relevant about the loss, theft or misuse of a card, card account number,
cheque, or pin.
10.3If you find any card or cheque after you report it under condition 10.1, you must cut it in
half and, if we ask, return it to us.
11. Breaking the agreement and if you die
If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. You must pay us immediately any amount you owe that is more than your credit limit and the amount of any transaction that breaks this agreement. We may ask for immediate payment of the full amount you owe if:
•you break this agreement repeatedly or in any significant way;
•you die;
•you have told us something misleading or false; or
• you are in financial difficulties (for example, you are likely to be made bankrupt).
We will follow the correct legal requirements when we do this including the requirements
made under the Consumer Credit Act to serve notices before certain action is taken.
12. Changes
12.1You must write to us immediately if you or any additional cardholder changes your name
or address. You should also advise us of any material changes to your personal
circumstances that might have an impact on the credit limit assigned to you or to
additional offers that we may make.
12.2We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we
will only reduce your credit limit or cash limit if we have a good reason, for example, your
circumstances change or because our assessment of the risks of lending to you changes.
For any other changes, we can change this agreement, including the interest rates and
charges, for any good reason. We will give you at least 30 days' notice in writing of any
change to your disadvantage, other than a change to your interest rates, cash limit or
credit limit. We will give you at least 7 days' notice of any change to your interest rates or
any other change to these conditions that is not to your disadvantage.


12.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice.
13. How we limit our liability
We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any cause beyond our reasonable control, including but not limited to:
•if any person or machine refuses to accept a cheque or a card; or
•strikes, power cuts or equipment faults.
14. Additional cardholders
You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us.
15. Ending or suspending this agreement
15.1You may end this agreement immediately by giving us written notice. We may end this
agreement by giving you written notice. Normally our notice will be at least 30 days, but,
if there are exceptional circumstances for doing so, we can end this agreement
immediately. If we do this, we will send you notice immediately after the agreement has
been ended, unless by law we must tell you first. If your agreement is ended, you must
pay us everything you owe (including amounts we have not yet put on the account). You
must also destroy all cards, by cutting them in half, and destroy all unused cheques, or
return them to us if we ask.
15.2We may restrict or suspend your account at any time without notice if we reasonably
believe it is necessary for business or security reasons.
16. Transferring rights under this agreement
16.1You may not transfer any of your rights or duties under this agreement.
16.2We may transfer any or all of our rights or duties under this agreement to another
organisation (including organisations outside the European Economic Area). If we do
this, we may let them have any information about you or an additional cardholder. We
may also arrange for any other person to carry out our rights or duties under this
agreement. Your rights under this agreement and your legal rights (including under the
Consumer Credit Act 1974) will not be affected.
17. General
17.1We may send any notice or other information to the last address you gave us. We will
treat them as arriving two days after we posted them.
17.2We can monitor and record phone calls to or from us. We do this to check what was said
and also to help us train our staff.
17.3We can delay in enforcing, or fail to enforce, our rights under the agreement without
losing them. We may also accept part-payments marked as 'payment in full' or with
similar wording without losing our right to claim full payment.
17.4Each paragraph and subparagraph in these conditions is separate from the others. This
means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our
right to enforce any of the others.
17.5Nobody other than we or you can enforce any part of this agreement, under the Contracts
(Rights of Third Parties) Act 1999.
17.6This agreement is governed by English law.
TH1R 7.263 TBTHC2 07/05

Both of the above agreements were received in the same envelope and look like they had been typed up just before being sent.

I think I may have to write back and ask how I am to know which agreement applies to me as I have not signed either of those.

On 3rd December I sent the following:

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.


However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 25/11/2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.




I have yet to receive a reply. What action should I take next?

......................... ......
I have yet to receive a reply. What action should I take next?

[/quote]


Hi there Tony,

IMHO I would wait for their reply, then I would post it up for others to give you a hand

Do not panic or worry as you are in a very good hands here.

Keep us updated.

DD

Still no reply from Halifax - proof of delivery for 7th December.

Should I write again with a reminder or just keep waiting?

No reply from Halifax but have received the attached letter from Robinson Way (along with a couple of phone calls before the letter was received).

Do I write to Halifax asking why they have not replied to my previous letter or CCA Robinson way?

hi, tony3x i also have had theses recons, after cca request, and sent letter to Halifax, no responce from them. i think it would be best to wait for a reply. if i were you dont bother wasting a stamp on robbersway!. it seems halifax are sending a lot of these copy & paste recons out in requests to s.78, may be they are having problems finding the original ones

thanks for the replies. Just realised that the scan is very small so here is the text of the letter. Will probably send them the acct in dispute letter.


Date 22/01/10

Dear

Due to HBOS

Amount Due £

Account No. . . __. Reference No.

FORMAL DEMAND FOR PAYMENT

HBOS have authorised us to recover the full amount you owe, shown above. This is a formal notice of intended court action. We may take action unless "YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER.
If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur:
* A process of enforcement by court officers
* An order for deductions from your earnings
* An unpaid court order may make credit difficult to obtain
This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST be now made to Robinson Way, NOT HBOS.
Yours faithfully



Collections Manager

Call us now to pay using a debit or credit card - or visit our website www.robway.co.uk to pay online, or to make a payment offer.
Other payment instructions, including a giroslip, are set out overleaf.

I have written to RW stating that the account is in dispute because Halifax have not replied to a letter sent to them on 3/12/09.

They have rung again and I said that I have replied to their letter and will only communicate in writing. Girls said ok and would I like them to remove my phone number from their records. Of course!

Now more waiting.

Robinson Way have replied with the attached letter. Should I write back referring them to Halifax or just tell them that Halifax have not yet complied with a CCA request?

Robinson Way finally responded with a copy of the reconstituted agreement that Halifax had sent before. Letter arrived in post today - funny thing, its also dated today?
One thing I have picked up on is the APR is stated as being 19.9% variable. It currently stands at 25.9% variable. I thought that I should have received a new copy of T&C stating new rate.

They say they would like to hear from me with my proposals for settlement of the account within 10 days.

Any advice on this one. I should probably SAR them to see if they have the original agreement.

Update since last post:

Letter sent to Rob Way on 3/7


Thank you for your letter of 15th March where you purport to have supplied a copy agreement. However what you have supplied is a typed document that is similar to two others I have received. The strange thing is that I am not sure what to believe as all 3 documents are different.

To clear things up can you please supply a copy of a fully executed, signed, credit agreement. If you are unable to supply this please confirm the reason why. If you are unable to supply a copy because no copy exists please confirm in writing.

As is my right I will only communicate with you in writing. If you make any attempt to contact me by any other means I will deem this as harassment and report you to the relevant authorities.


Letter from Rob Way on 15/7 saying that 'they are satisfied that the documentation provided is sufficient to demonstrate liability and they will not enter into repetitive correspondence regarding this'.

my letter to Rob Way on 27/7


Thank you for your letter of 15th July where you say you are satisfied that the documentation provided is sufficient to demonstrate liability and will not enter into repetitive correspondence. Unfortunately you have still not satisfied my request. As previously mentioned the documents that have been supplied are reconstituted copies of agreements that have different information on them. This makes me believe that an original copy of the agreement does not exist.

As previously requested can you please supply a copy of a fully executed, signed, credit agreement. If you are unable to supply this please confirm the reason why. If you are unable to supply a copy because no copy exists please confirm in writing.

As is my right I will only communicate with you in writing. If you make any attempt to contact me by any other means I will deem this as harassment and report you to the relevant authorities.


Letter from CapQuest on 23/7 saying that they have taken over the account with the usual about doorstep visits, litigation etc.

sent the following letter to Capquest on 28/7


I am getting a bit confused as I have been dealing with Robinson Way with regard the above account.

As mentioned to Robinson Way, I am still waiting for Halifax to supply an original copy of the fully executed credit agreement. Thus far they have provided 3 reconstituted agreements, all with different information. Because of this I have to assume that an original cannot be supplied. Can you either confirm in writing that an original copy does not exist, or provide a copy. If you have a copy but will not supply it, please confirm your reason why.

As is my right I will only communicate with you in writing and also refuse you or any agent associated with permission to visit me at my property. If you fail to comply with either of the above I will deem this as harassment and report you to the relevant authorities.


Letter from Capquest on 4/8 saying that they require a £1 admin fee for a copy of the agreement and the account will be put on hold for 10 days.

Letter from Rob Way on 16/8 saying that they are no longer dealing.

Demand for payment from HL legal as appointed by Capquest on behalf on Halifax on 16/8 also saying that court proceedings may be issued if a full or satisfactory settlement is not received by 28/8.

Not replied to these yet as only just got back from holiday.

Thanks Really mad,

Have written letter as you suggested.