hope this helps! http://www.consumeractiongroup.co.uk/forum/show-post/post-2112496.html

hope this helps! http://www.consumeractiongroup.co.uk/forum/show-post/post-2112496.html

Hi, I have a similar issue with Halifax not providing the Executed Agreement (a copy of your signed agreement with the key facts). I have found over the past 2 years that the CAB & CCCS encourage you with the banks interests soley at heart, I.e. you simply have to pay. Their actions really got me down and I payed the excess charges for 2 years, put up with regular weeks receiving 5 phone calls per day from Halifax, then in November I quizzed them about these companies proporting to wipe the debt and was told "we would only wipe the debt if you had cancer" this prompted me to get CCA 1974. I finally spent an hour reading the CCA 1974 and asked for my excuted agreement. Here are the letters I sent: Blair, Oliver and Scott Limited PO Box 66 Rosyth Fife KY11 2WG January 2009 YOUR REF: xxx/xxxxxxx Re: Consumer Credit Act 1974 Dear Blair Oliver Scott, 1. The Consumer Credit Act 1974 stipulates that a company is required to hold a licence to issue credit. It is a criminal offence to offer credit without a licence issued by the OFT. Please provide a copy of the licence issued to Halifax plc valid on date of agreement. 2. The Act also stipulates the a debtor is to be provided with “copy of the executed agreement” upon request. Please supply the signed agreement, as requested in telephone conversations on xxth January 2009 & xxth January 2009 and requested formally in this letter, within 14 days. There is no mention in the Consumer Credit Act 1974 that a debtor should issue the sum of £1 to obtain a copy of the executed agreement therefore the sum of £0.00 is enclosed. Please also note that future medium of communication, other than written, will be ignored, are unsolicited, and therefore hence interpreted as canvassing off premises as per the Consumer Credit Act 1974. Regards ___________________________________ received a reply on 2nd April - enclosed a word doc with my name on, no signature & references to law in 2004 & stated they did not have to send me the agreement. ___________________________________ Halifax PO Box 718 Leeds LS1 9GB xx April 2009 Complain Ref: xxxxxxxxxx Re: Consumer Credit Act 1974 Dear Halifax, In response to your letter dated xx March 2009, received xx April 2009, please note that: 1. The Consumer Credit Act 1974 stipulates that a company is required to hold a licence to issue credit. It is a criminal offence to offer credit without a licence issued by the OFT. 2. The Act also stipulates a “copy of the executed agreement” is to be provided upon request. If I may draw your attention to 11.2 of the document you state is the executed agreement which was enclosed with your letter of quotations from the Consumer Credit Act 1974 and highlight that an agreement you state was made in January 2002 cannot detail regulations drawn up in 2004. The printed document received on 2nd April 2009 is clearly not an executed agreement instead it appears to be an agreement post-2004 to which my details have been added, nor have Halifax plc provided a copy of credit licence valid on that date. I put it to Halifax plc that the document in my possession, which Halifax plc have provided as the executed agreement, is a fabricated example of a credit agreement demonstrating breach of the Consumer Credit Act 1974 and is nothing less than fraud. Your letter also states, in paragraph 3, that you have no legal obligation to provide a signed copy of the agreement, when, in fact, section 78 indeed states that you must. Many thanks for confirming in writing that Halifax plc will not provide the executed agreement. I will make no further response to Halifax plc or agents of Halifax plc, and any correspondence with be returned to sender. I trust that this brings the matter to a close. Regards ___________________________________ keeping B.O.S. in the loop: ___________________________________ Dear Blair Oliver Scott, Further to your letters dated xx Feb 2009, xx March 2009 and xx March 2009 I enclose a letter to HBOS in response to their letter received 2nd April 2009. Halifax plc has refused, in writing, to provide the executed agreement which is a breach of article 78 Credit Consumer Act 1974 and also confirms no agreement exists. I regard this matter as closed. Regards ______________________________________ If they cannot provide you with a copy of your signed agreement it is because no agreement exists. If you receive an agreement which the signature looks like they (Edit) a bad copy that is because they (Edit) a bad copy. Credit card companys charge excess amounts, will tell you any lie to make you pay and should be treated like unlawfull loan sharks. If they take you to county court then tell the judge that you want to see the piece of paper which you signed because that piece of paper is the only enforceable document. Until you see that you simply are not required to pay. I was also told by a old work colleague with 15 years management experience in banking archiving that most of the US credti card companies, unwritten by Bank of America, scan the agreements (standard practice for years in USA) and destroyed the originals, therefore leaving UK pre 2007 agreements null and void. So few people know the terms of the CCA 1974 that they continue to pay. How true this is I don't know. I would like hear from anyone who has been sent their executed agreement! I should hear back from B.O.S. & H.B.O.S. (looks strange when you write it like that doesn't it) soon, and will post an update for the benefit of others in a similar predicament. Thanks!