Any advice anyone please, had a reply from Halifax stating after sending the above letter to provide legible copy of the agreement, they stated 'the copies we have provided are the best available copies' what should I do now if they only sent be unreadable copies of the credit card agreemnet? Can they still enforce the debt? or do they have problems

Hello Guys, Had a recent reply from Halifax stating after sending the above letter to provide legible copy of the agreement, they stated 'the copies we have provided are the best available copies'. Whats next?

It would be helpful if anyone could provide some guidance on this CCA issue and issuing a court order or counter claiming defence.

Anyone got a drafted letter to send a reply to this New Page 1 - any help would be great

Hello 'Its War' When did you issue a court order? Was it against HBOS? Also, is yours in relation to a cca? How is the process done in issuing a court order? What does it cost? cheers

Any suggestions Vint?

HIYA THERE - I just drafted out a letter, can anyone check it out a advise if I shoud send this out. Dear xxxxxxxxx, 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agreement was not executed after 6th April 2007 the date upon which section 127(3) of the consumer Credit Act 1974 was repealed, as you stated in your letter.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. Yours Sincerely,

Hello Vint, Thanks for the quick reply, do you have any letter template in mind that I can send them? I already had a SAR which they included the illegible agreement. I understand they are making daft points.

Hiya Guys, any help with the new letter as I've had a response to the letter sent. see link for letter recieved - any help would be greatful. http://thailanddaddy.com/contract/contract2.htm

Hi I will do - thanks for the help so far

Hi - I have had no rely from the Halifax at all in relation to this letter sent above. Any suggestions, as it was sent recorded and had been delivered on 22/10/09

Hi, Thank for the letter - sent it today, will keep you posted in what reply I get.

By the way I only removed my signatues and my address at the top of the document - all in blue removed

Hello, thanks for the swift refply, please see link of the attached contract: New Page 1

Contact this person - he will help you. Has dealth with a case against Halifax. Chambers of Stephen Mason Home

Contact this person, he will help you Chambers of Stephen Mason Home

Hello Guys, Wondering if you could help. I been looking at CCA's and if how they are unforceable? First of all the bank has provided me a copy of the agreement but its unreadable. They say they don't have a readable copy. Secondly, the place where you sign on the agreement, theres no date? Is it unforceable? Hope to hear from you as I couldn't find these answers on this site. thanks

Hiya Rooster-UK, I wanted to know if the bank holds information regarding the account investigation on a customers account and doesn't provide information to a customer i.e. how they investigated the matter and not providing information on the security of their system knowing to me as I BELIEVE THEY ARE LEING TO ME regarding security on their systems to my disadvantage, can I file a charge against the bank under the Fraud Act?

Thnaks for the information.

Thanks Rory32, I will wait till the complaint process is over. Thanks for the advice. Can I ask when the Halifax is investigating a case, whom supposed to request the CCTV from the police, the Financial Institute OR the customer?

Hi Rooster-UK, I never got no e-mail from the bank asking me to confirm or update any of my bank details. I do get e-mails from Halifax but its only when they are advertising their special offers.

Hi Rory, would you recommend me to wait till the complaint process is over as the bank may look into its decision made or would you recommend me to start processing the claim? I know its cheaper to defend a claim unless you say I should wait till the debt collectors take me to court (I was worried about my credit and name). Cheers

Hi Rooster-UK, all my information on-line has been up to date for the past 2 years. One think I wasn't happy about was when this fraud was in the process, they didn't inform me, instead they increased my credit limit so the con-artist(s) can gain more... Can I ask one question, since the Fraud Act 2006 has been changed, does it mean the bank has to ask the police for the CCTV footages of when the fraud happened? Is this correct as the police told me this. But the Halifax Card Services are saying the total opposite, so I asked them to put it in writing, it might do me some favours when I file a Fraud Charge against the bank.

Hi thanks for your information, I think i will or even might take them to court. I need to hang on and wait for their further investigation as they have responded to me today saying 'my complaint is being investigated', (I think they got my letter above) Well will keep you all informed.

Hi Rory, Thanks for the welcome, it wasn't a problem removing the other duplicate thread as it was submitted twice by mistake. Anyway thanks for the advice so far, I have been adviced not to go to FOS's as they have been favouring the banks on these type of cases past last 12 months. I have also spoken to someone regarding the outcome of this case from the 'Halifax Card Services', they said the financial ombudsman won't entertain this case and will decide for the banks on the 'cash withdrawal cases' as they say they can prove it was the original PIN and CARD? But won't tell me anything other than that. I have been advised to go via the courts. Any advice how I would do this would be helpful and should I go via the courts? What would you advise? I know 'mcol' is for claiming money back so I don't think I can do it via 'Money Claim on-line'. Any advice on further steps to sue this bank for not investigating the matter properly will be helpful. Thanks in Advance.