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My partner and I have a mortgage, current account and personal loan (all joint) with IF. The disputed debt is in respect of a credit card account in my sole name, but which was linked to our joint plan.
When this credit card went into arrears I was chased by Blair Oliver & Scott and have been paying them.
I sent a CCA request on 5 March, to which they responded by sending a copy of a pre-completed 'confirmation of application details' form detailing our plan number and mine and my partners' detail (which is not signed anywhere) and then stapled to that is a copy of a direct debit form signed by me.
Is this a copy of a signed credit agreement?
I have read many posts on here on this subject and I decided last month that they have not sent me a copy of the credit agreement so I ceased making payments to BOS (aka HBOS - Halifax Bank of Scotland?). I'm now getting calls approximately 3 times per day which i've been ignoring because I know they are committing an offence by chasing me for these payments while the debt is unsubstantiated by them.
I've thought about reclaiming the charges but that would not clear the debt. The credit limit was only 2k and despite paying the minimum payments since around 2003 the balance is still about 3k due to extortionate interest being applied. The charges only total around 1k.
Does anyone know if i'm doing the right thing by ignoring them until they eventually give up? Should I write to them and remind them that they haven't sent me the correct credit agreement which is why i'm not paying? And finally, does anyone know what the repercussions might be if I keep ignorning them?
2/7/07 - 'Formal Demand for Payment' from Robinson Way & Co
4/7/07 - Threatening letter from Robinson Way & Co
4/7/07 - I wrote to IF as follows:
Please find enclosed [my CCA request to first DCA]. I am astonished that despite the fact a copy of the credit agreement has not been provided to me, you appear to have instructed a different agency to collect the above debt from me, as I have been contacted by Robinson Way & Co.
Until such time as you can substantiate the debt, the debt is in dispute.
I am sending a copy of this letter to Robinson Way & Co.
Please do not instruct any agency to contact me in relation to the above debt until such time as you have substantiated it by sending me a true signed copy of the credit agreement in relation to it.
And also wrote to Robinson Way & Co to a similar effect.
10/7/07 - Letter from Robinson Way & Co confirming receipt of my request for a copy of the credit agreement, which they have asked their client for.
13/7/07 - Letter from IF apologising for causing me to be unhappy with their service, enclosing a copy of their complaints procedure.
I have today received what IF purports to be a credit agreement for the purposes of my CCA request.
I understand that for a credit agreement to comply with the CCA, it must contain certain prescribed terms. Sch 6 sets out what prescribed terms must be present, and these are:
The amount of credit
The credit limit
The repayments
The interest rate
The agreement IF have sent contains all but the first of those prescribed terms. Clause 1 of the agreement is as follows:
1. Your credit limit and your APR
1.1 We will decide what your credit limit is and we will write to tell you what it is. We may change your credit limit at any time by giving you notice.
Then there is some handwriting at the top of the next page which says:
Credit card [pound sign]2,000 Greta Potter RAP3 09/01/03
Is the fact that a term containing the credit limit is not contained within the agreement enough for it to be invalid for the purposes of the CCA?
Here is a link to the actual document they sent me. Would somebody knowledgable mind having a look, and advising whether they think its a property executed credit agreement for the purposes of the CCA 1974?
please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far
b8byd v HBOS
, current account and personal loan (all joint) with IF. The disputed debt is in respect of a credit card account in my sole name, but which was linked to our joint plan.
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