any further advice guys? thanks

hi again guys, need some further assistance, today i took my credit agreement to my local CAB and unfortunately now im wishing i hadn`t. they told me that the agreement is definately enforceable, the terms are on a seperate booklet that i received with the agreement which they say is perfectly legally enforceable and the fact that there are blatent lies on the application form (retired whilst on JSA, outgoings of just £5 per month on a £21k mortgage) do not matter because ultimately i knew what i was signing) they also advised that halifax can apply to have a charging order placed on my property and could apply to court to force sale. After all this i am now feeling worse than ever with the realisation that according to them my property could now be at risk. Does anyone have a definative answer on the legallity of this agreement and where should i go with this, do i now contact halifax with an offer of payment or dispute the agreement they sent me. please advise i`m getting desperate here. thanks again.

Does it make a difference if the terms are on a seperate booklet that they have sent me? (my signature does not appear anywhere in that)

ok got it on there now can anyone help with this again please i know the old credit card number has been written on the top of the agreement in biro but dont worry its been cut off for a few years. thanks for all the help so far, guys if nothing else i now know how to use photobucket.

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IMG]http://i311.photobucket.com/albums/kk480/foreverlostintime/LastScan.jpg[/img] hope ive done this right should be the agreement they sent me

this application does have my other correct details on it like address and other bank details so i dont think its from any one elses account but i just cant understand why they put married, retired and have monthly outgoings at a total of £5 when it also states i have a mortgage of £21k to pay, so that bit does not make sense. i am pretty new to this forum and dont know how to post it up on site

the bank wrote to me 2 months ago saying they could not find agreement and would take no further action. today however i received what the bank calls my credit agreement and i just wanted to check if its legal. It says CREDIT CARD APPLICATION on the top Then under that it says credit agreement regulated by the consumer credit act and the address of the bank and registration number. it has no information regarding the interest rate, or credit limit of the card on the agreement it says i am married which i never have been , it says i am retired which at the time I was only 30 years old and had been claiming JSA which was going into my halifax account at the time for 2 years and it says my monthly outgoings total £5 all in. What i wanted to know is does a credit card agreement have to have the interest rate and credit limit details like a loan agreement has to on the original application? They have also sent me seperate paperwork that lists the details of the interest charged and other details but this looks brand new and nowhere on it does it have my signature so i am sure they have taken this from a standard agreement. Nowhere on any of these papers they have sent me does it state the credit limit of the card. On the seperate paperwork it says they will decide the credit limit and tell me what it is however again nothing is signed on these papers only on the first original application. Please can somone advise me on this as i dont know where to go with this one and i am becoming worried again.

just thought i would post an update here concerning a £5800 debt with halifax on a 7 year old credit card account. thanks to the good people on here i recently sent 2 CCA letters to blair, oliver and scott (aka the halifax) which were completly ignored. i then received a nasty letter from halifax themselves threatening everything under the sun, with no mention of my CCA requests. again thanks to someone on here, i then sent them a letter stating my CCA request was unanswered and the time limit expired etc and i had a letter back from them stating that they were sorry that they did not reply, and if i wish to make a complaint to the head office please do so. it went on to say that they were trying to locate a copy of the credit agreement from their records but if they are unable to locate it, then no further action will be taken on their part. this last part completly amazed me, as i really didnt expect the halifax of all people to give up that easily. obviously now its just a waiting game, but thanks to some really good advice from people on this site, it seems that there may finally be some light at the end of a very dark tunnel. (unless of course they do have a copy of the credit agreement from 7 years ago) heres hoping..................

thanks for the reply and the letter i will get that straight out to them. has halifax got a record of actually taking people to court or are they more often than not all talk?

i originally had a credit card 7 years ago with halifax which has been in default for the past year.there is a £5800 debt on the card icluding charges. about 3 months ago the debt was sent to blair oliver and scott, and thanks to this forum i sent a cca request to them. this was ignored and another threatening letter arrived from them, to which i sent a cca request follow up letter. Today a letter arrived but this time from halifax themselves which states Notice of Court Action your account has been passed to this departements legal section to comence a court action against you. Court action can be avoided if you pay the above sum within 14 days. Should you fail to make a payment, court action WILL commence without further notice. it goes on to declare that i will loose my earnings, house, shirt off my back etc ..... and have to pay their court fees. What it does not say however, is anything regarding the two CCA requests i sent to blair oliver and scott and why they are suddenly dealing with this themselves instead. obviously this may just be a bluff, as i think if they had the credit agreement, blair oliver and scott would have sent it to me but anything that mentions court action gets me a little concerned and i was hooing for some opinions at how best to deal with this. Can they still take me to court without the agreement? and is it now worth sending halifax themselves a cca request? any help as always, is much appreciated.

Thanks Babybear. If the DCA do not have the original credit agreement can the Halifax themselves still take me to court over this debt or is the lack of the credit agreement, an absolute defence to any court action?

thanks for all your help guys, has anyone got a good cca request letter to start the ball rolling?

hi kenny, I am pretty new to all this and have not sent any correspondance to this DCA yet I thought I would try to get some advice first to see which way to handle this.

About 7 years ago I received a credit card from The Halifax bank which they gave to me even though I was not working at the time and the person in the office stated that I was actually in emloyment on the application form, even though they knew my state benefits were going into my Halifax account. Anyway a debt of £5000 soon occurred and although we made regular payments about 2 years ago we were unable to pay the monthly amounts so after adding nearly £900 in charges Halifax then agreed to accept low payments.This was fine for a while, but we have now suddenly received a letter from Blair, Oliver and Scott DCA which states that we should either make payment in full (£5739.42) or call to arrange possible payment options. It goes on to say that if nothing is done they can either instruct one of their local door-to-door agents to call on us or court action may be taken where they have also said that if we do not pay the amount the court orders us to pay, they will apply to the court for a charging order against our home so if we ever sell the property they will get the money from the sale. I have just recently started a new job so money is a little tight and the last thing I want is a door collector turning up at my house bothering my family when I am not there, so I am unsure how to handle these people. I have also read on here that Halifax are a law unto themselves so any help or advice would be very much appreciated.