Hi all, been with Pipex for 5 or 6 years, paying about £25 a month for a 1mb connection... In june was peeved to see that it was about 14.99. I had a moan that I was paying over the odds, they reduced the price and upgraded me to a 2mb connection - fine.. or so I thought requested a MAC code as the service sucks now that it is in Tiscali's hands. Out of the blue today, DD for £131 comes off my account?? I phone up and they say I am on a 12 month contract Apparenty this was done when I changed my "package" in June - over the phone?? - no it wasn't. anyway going to get the DD cancelled in 10mins and throw the ball back into their court... tbh I recall nothing of a 12month contract any views?? I certainly aint paying em £131 for heresay kenny

ok, very similar to my MBNA letter, going to fire this off today, any comments?? I do not acknowledge any debt to M&S Money Firstly I would like to thank you for your correspondence of 20th November. In response to this it is my view that the documentation supplied on two separate occasions by M&S Money is improperly executed. It is also my view that the debt will be un-enforceable in a court of Law and therefore I acknowledge no debt to M&S Money As you will know I have been forced to cancel Novembers and future direct debit payment due to my current situation. This situation is unlikely to change in the long term. However, a family member has offered me a loan of £1750 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full. Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment. If this payment is not accepted, I will be unable to make any payment other than a token payment of £1 per month. I urge you to accept my offer whilst the £1750 is available to me as I have other creditors to approach. I look forward to your response. Yours faithfully,

ok just getting around to this letter, any comments anyone I do not acknowledge any debt to MBNA Firstly I would like to thank you for your correspondence of 20th November. In response to this it is my view that the documentation supplied on two separate occasions by MBNA is improperly executed. It is also my view that the debt will be un-enforceable in a court of Law and therefore I acknowledge no debt to MBNA. As you will know I have been forced to cancel Novembers and future direct direct debit payment due to my current situation. This situation is unlikely to change in the long term. However, a family member has offered me a loan of £2000 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full. Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment. If this payment is not accepted, I will be unable to make any payment other than a token payment of £1 per month. I urge you to accept my offer whilst the £2000 is available to me as I have other creditors to approach I look forward to your response.

not yet... apart from the 10 or so automated HALIFAX calls I get every day will post as soon as hear anything kenny

the only one I have came across yet that has both sigs is EGG ok.. executed - not signed by creditor...agreed also I noticed that on the side I have signed it asks me to read term 11 of the T&C's - they have only provided me with current T&C's I dont really want to point these things out to MBNA...what should I do next... just wait ?? kenny

going to read up on s62, 63 and 64 now:) cheers will be back on the thread soon

going to read up on s62, 63 and 64 now:) cheers will be back on the thread soon

ok S127 (3) states s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21. If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order s127 (4) states S127(4) provides that the court shall not make an enforcement order in the case of a cancellable agreement if: • a provision of s62 or s63 (duties to supply copies of the agreement) was not complied with, and the creditor did not give a copy of the executed agreement (and any document referred to in it) to the debtor before the commencement of the proceedings; or • s64(1) (duty to give cancellation notice) was not complied with. are these the two correct quotes, before I think about what I have in front of me?? kenny

nope.... we have discussed this before:) lol it may be grounds for offering them a settlement?? kenny

ok donkey post has arrived same as first attempt as below. I also got a reply from the ICO - who could not take my complaint any further and advised me to contact MBNA direct - what a waste of time... kennyruss/MBNA - Photobucket - Video and Image Hosting so ball firmly back in my court... some sort of agreement, front and back may be related, although no mention of relationship, some sort of cancellation form???, nothing signed by creditor either....hmmm needing a few pointers on this one......I cant really challenge this other than the poor quality of the copies any advice appreciated kenny

ok got my reply today firstly as you will see on the letter - its says please find enclosed your application form - it wasn't supplied, but I suspect it was the same as the last one I got... so they have had 2 attempts to send the info and outwith some statements and current T&C's here is what they have sent me of any relevance below kennyruss/MARKSANDSPENCER - Photobucket - Video and Image Hosting so what do I do next, no agreement, stopped paying direct debit....would like to have a go at settling, or do I let em pass it to a DCA?? as usual any advice aprrciated kenny

ok, I seem to have got over this period of is it all worth it attitude.. I have got 4 letters going to my creditors today, all requesting action of some sort.. of the 5 CCA's sent, only one so far is 100& enforceable and I have requested an interest freeze and token payment until further notice. Thanks to everyone who has helped on my various threads and i have tried to get involved in a few recently anyway onwards and upwards kenny

oh well, supposedly agreement, terms and statement of account were sent under seperate cover.. must have been 2nd or 3rd or donkey class post. firing this off to them today, just to remind them Re: my request under the Consumer Credit Act 1974 I do not acknowledge any debt to MBNA I refer to your letter of 11th November ref BS/CA in which you informed me that a “FURTHER” copy of my agreement, terms and conditions and statement of account would be forwarded under separate cover – This has not been received. The Account is clearly in dispute and I urge you to comply with my CCA request in full. I have cancelled the current direct debit setup on this account and by Law you cannot request and payment or charge any interest/charges until such times as you have satisfied the request. The account entered dispute on 15th Oct 2008 I look forward to your response. Yours faithfully,

some very good points, well I am going to send off the letter requesting a viewing at my local branch and see what they say... thanks for the help kenny

ok first attempt:) Re: my request under the Consumer Credit Act 1974 this account is in Dispute . On 01/10/2008 I wrote to HALIFAX CARD SERVICES requesting that HALIFAX supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied with an unknown document which does not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). I require you to produce my credit agreement to confirm I am liable to you or any organization, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. If on the other hand you do possess such a document I request that this ORIGINAL document be made readily available for me to view at my nearest HBOS Branch. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit license in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 I respectfully request a response to this letter in 14 days I trust this outlines the situation Yours faithfully

that is a very good idea atwozee, hmmm was going to send off CCM nice letter, but could refine it and ask for a viewing at my local halifax.... will rehash the letter and post it up here for everyones perusal kenny

citizenb, how are you so certain that these were telephone applications?? I cant honestly remember certainly some good input on this thread now... kenny

sending this crawling letter tomorrow...nothing else left to do - EGG seem to be on the ball with agreement and T&C's Dear Sir/Madam Credit Card account ********** Firstly I would like to thank your recent letter of 11th Nov, where you advised me that you would not be accepting my full and final settlement of the above account. As you will be aware that I have currently cancelled my direct debit due to my current and foreseeable financial situation. Having reviewed my finances I can make a token payment of £50 a month towards the debt. However I am not prepared to pay £50 a month and watch the debt increase. In view of this I urge you to freeze all interest until further notice and would appreciate this being backdated to the 1st Oct 2008. I have been a long and loyal customer with EGG and hope that we can continue our relationship in this manner If this is acceptable to EGG I will setup a Direct Debit upon receipt of your acceptance I look forward to receiving your reply. Yours faithfully

thanks mate, your certainly helping me understand the process works now:) quite a bit of debate on sussex1 thread here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162635-problems-halifax.html?highlight=kennyruss deciding whether to send the standard "you didnt send me what I asked for" or go for creditcardmugs's wonderful rant here - I would need to alter it slightly to suit my current situation Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages I respectfully request a response to this letter in 14 days I trust this out lines the situation

mine was a CCA request and tbh is it an agreement.. I am actually looking at the just sign here box on mine it looks squint.... could be nothing, but something just to fishy about this document kenny

ok guys I have gathered together some front pages from Halifax "agreements" The first thing I notice that out of the 6 logos at the top, 3 are in line 3 are indented left, in some of the forms why would your sex be "not given" and why would I go to the bother of filling out my sort code and account number but not filling in my bank name?? dosent make sense and most of these listed below have the same strange occurrences kennyruss 2001 Image of HALAGREE1 - Photobucket - Video and Image Hosting babydoll 2001 http://i152.photobucket.com/albums/s168/lisa5_01/P1010060-1.jpg Majorpaine 2005 http://i383.photobucket.com/albums/oo278/ubiquitas/HBOS_front-1.jpg sussex1 2004 http://i297.photobucket.com/albums/mm223/sussex1/halifax2-2.jpg peanut17 2003 http://i492.photobucket.com/albums/rr282/pedro1978/halscan3001.jpg shirei12 2001 http://i271.photobucket.com/albums/jj135/noname12/hx.jpg I was going to do the same for the back pages, as there seems to be 2 distinct types kenny

cheers mate, will change asap kenny

ok I going to gather 7 or 8 of these fronts and post em here... will dump them in a photbucket album back soon kenny

nice to meet u to babydoll still trying to decide whether it is an application form or agreement.. but will need to send something in the next few days.... will do some more digging on the forums... a lot of people with this type of "form" - search HALIFAX CCA kenny

mine is 10k+ - they might fancy their chances??? kenny