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Re: Template letter when CCA is clearly unenforceable
Thanks for your reply
Its from Halifax for a credit card and there is no credit limit at all only "we will decide your limit and tell you" and its not signed by Halifax
They originally sent my a "specimen" but when I sent them the in dispute letter they have now came up with the original which they say is enforceable. However as its missing the credit limit etc I believe it to be unenforceable, am I right?
Re: Template letter when CCA is clearly unenforceable
Hello again,
I have another question.
Following on from above.
I signed the original agreement 14/09/2005. When I did my original CCA I got two "reconstituted" agreements from them.
The 1st is very similar to the actual true photocopy of the agreement they have now sent me as I've compared them side by side and the wording matches (apart from cancellation rights) and is an agreement between me and Halifax PLC so thats seems fine and dandy as it is missing a prescribed term THE CREDIT LIMIT.
However they also sent me a 2nd "reconstituted" agreement when I did my original CCA this one is between me and Bank of Scotland. I think this is because they changed the card from intelligent finance to Halifax. However this is where the plot thickens.... I never signed any agreement to change over to Halifax and what I assume is the second reconstituted agreement above and they have only supplied me with a true photocopy of the original agreement I entered into on 14/09/2005.
So my question is...as my agreement was with one company and now it seems another and I never entered into this agreement. Is it unenforceable? (I know Halifax and BOS are one group)
Should I write back to them and query how come they supplied two reconstituted ones but only one now they have supplied the true photocopy? I'm thinking of saying I'm bemused as to which agreement applies now!
Re: Template letter when CCA is clearly unenforceable
Hi SM,
Responding to your Reported Post.
You should read the Guide in my signature about "Checking your Credit Agreement".
The absence of a specific credit limit on the agreement is not uncommon and the bank often says the limit will be decided and notified to you.
Also, the absence of the bank reps signature on an agreement is unlikely to make it unenforceable. A judge would probably say this is acceptable if it went to court.
You could write to the bank asking for an explanation of why they have supplied 2 very different credit agreements.
Are there any penalty charges on the a/c and have you reclaimed these and any mis-sold PPI charges.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Re: Template letter when CCA is clearly unenforceable
Slick132 thanks for your reply, so is the absence of an actual credit agreement amount not enough to make it unenforceable? I thought that was a prescribed term?
I intend to reply to them querying which credit agreement applies to my account as you say.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Re: Template letter when CCA is clearly unenforceable
Hi SM and Slick,
I've recently posted a thread on whether my CCA is unenforceable which I think it may be, so am looking for a template letter to send to them now telling them so.
I could only find the 'CCA request', the 'non-response account in dispute', but once you've got your CCA what next??
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Template letter when CCA is clearly unenforceable
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Re: Template letter when CCA is clearly unenforceable