HIYA THERE - I just drafted out a letter, can anyone check it out a advise if I shoud send this out.
ACCOUNT IN DISPUTE
Re: Account Number xxxxxxxxxxx
I refer to your letter dated the xxxxxxxxx which has been acknowledged.
I like to point out an error to you that the agreement was not executed after 6th April 2007 the date upon which section 127(3) of the consumer Credit Act 1974 was repealed, as you stated in your letter. The agreement was executed in October 2006.
You also stated in you letter that I appear to be requesting a copy of the ‘2nd and 3rd copy of the executed Credit Agreement’. Apparently this is not the case. I am asking you to send me a legible copy of the agreement as the one sent to me in the Subject Access Request; the DSAR Reference Number xxxxxxxxxx which I paid £10.00 was not a legible copy of the agreement.
You have also admitted by saying that I am asking for a ‘2nd and 3rd copy of the executed Credit Agreement’. This clearly shows the number of times I have pointed out to Halifax that illegible copy of the agreement has been sent to me and the number of times I have requested you to send me a legible copy of the agreement request has still not been met under the pursuant to the Consumer Credit Act 1974 section 78.
The agreement sent to me was illegible and I did attach this illegible copy of the agreement in the letter I sent to Halifax Customer Relations on xxxxxxxxxxxxxxxx. Instead you sent me a reply in your letter dated the xxxxxxxxxxxxxxx which does not make any sense. Sending me a illegible of the agreement does not compile you meeting with the request of the Consumer Credit Act 1974 as you stated in your recent correspondence.
Further to my request under the above act, your attention is drawn to the fact that this account remains subject to a lawful serious dispute.
You also pointed out a list of some documents that were sent to me on August 28th 2009, to date you have failed to comply with my request, supplying only an illegible undated agreement, and generic terms & conditions, which cannot be linked to any agreement which you claim that I have signed.
To date a legible executed agreement has not been supplied to me and whilst I appreciate Halifax has endeavoured to persuade me that provision of a copy of ‘standard terms and condition’ letter is sufficient to discharge you from further obligations under section 78 of the Act.
Likewise I too have explained that a mere copy of these are not legally permissible substitute for the provision of a true copy of the executed agreement which should be legible as required under section 78 as prescribed by regulation 3 consumer credit act, cancellation Notices and copies of Documents, regulation 1983.
Your version of executed agreements and mine differ greatly as you seem to be relying on the amended regulations 1983 (s1 1983/1553).
Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to Halifax, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. You also stated ‘a signed credit agreement is only required when you seek to legally enforce the debt or take legal action against me’. I welcome you to take such action as soon as possible as I will counterclaim if it did go to that stage.
IF YOU STILL REJECT THIS, PLEASE PROVIDE CLARIFICATION ON THE STATUS OF THE ORIGINAL LEGIBLE CREDIT AGREEMENT AND CONFIRM EITHER THAT YOU HOLD THE ORIGINAL SIGNED AGREEMENT ON FILE WHICH IS LEGIBLE OR A COPY OF IT ON MICROFICHE WHICH IS LEGIBLE OR THAT YOU NO LONGER HOLD A LEGIBLE COPY ON FILE.
I am now granting to you a further 14 days from this letter to produce a copy of an executable agreement which is legible. Failure to supply this important document, I will consider that the above matter is closed. And please don’t send me a response that does not make any sense or does not answer my questions to this letter as you have done previously.
If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be for you to resolve the issue by closing disputed account as soon as possible.