There are 3 BC accts. 1 always BC 1 originally Goldfish 1 originally MSDW Can you start a thread for the MSDW maybe as BC ex MSDW. I will work out which one is ex Goldfish and maybe you can do the same for that. thanks

There are 3 BC accts. 1 always BC 1 originally Goldfish 1 originally MSDW Can you start a thread for the MSDW maybe as BC ex MSDW. I will work out which one is ex Goldfish and maybe you can do the same for that. thanks

Robinson Way have replied with the attached letter. Should I write back referring them to Halifax or just tell them that Halifax have not yet complied with a CCA request?

I have written to RW stating that the account is in dispute because Halifax have not replied to a letter sent to them on 3/12/09. They have rung again and I said that I have replied to their letter and will only communicate in writing. Girls said ok and would I like them to remove my phone number from their records. Of course! Now more waiting.

thanks for the replies. Just realised that the scan is very small so here is the text of the letter. Will probably send them the acct in dispute letter. Date 22/01/10 Dear Due to HBOS Amount Due £ Account No. . . __. Reference No. FORMAL DEMAND FOR PAYMENT HBOS have authorised us to recover the full amount you owe, shown above. This is a formal notice of intended court action. We may take action unless "YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER. If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur: * A process of enforcement by court officers * An order for deductions from your earnings * An unpaid court order may make credit difficult to obtain This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST be now made to Robinson Way, NOT HBOS. Yours faithfully Collections Manager Call us now to pay using a debit or credit card - or visit our website http://www.robway.co.uk to pay online, or to make a payment offer. Other payment instructions, including a giroslip, are set out overleaf.

Didn't realise it was so small. Here is an RTF scan. Have posted previous letters in Halifax forum as did not know until today that this was from them. Will post the letter there as well. Date 22/01/10 Dear Due to HBOS Amount Due £ Account No. . . __. Reference No. FORMAL DEMAND FOR PAYMENT HBOS have authorised us to recover the full amount you owe, shown above. This is a formal notice of intended court action. We may take action unless "YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER. If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur: * A process of enforcement by court officers * An order for deductions from your earnings * An unpaid court order may make credit difficult to obtain This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST be now made to Robinson Way, NOT HBOS. Yours faithfully Collections Manager Call us now to pay using a debit or credit card - or visit our website http://www.robway.co.uk to pay online, or to make a payment offer. Other payment instructions, including a giroslip, are set out overleaf.

No reply from Halifax but have received the attached letter from Robinson Way (along with a couple of phone calls before the letter was received). Do I write to Halifax asking why they have not replied to my previous letter or CCA Robinson way?

Received a letter today dated 22/01. The same day as the first call to me. Not sure where to go now as I wrote to Halifax on 3/12, signed for 07/12, with some questions after they sent a reconstituted CCA but have not received a reply. Should I CCA Robinson Way or write to Halifax asking why they have not replied.

I have received a few phone calls from Robinson Way where they ask me to confirm my personal details. Each time I ask them the reason for the call and they state that they are not allowed to tell me unless I confirm personal details. They also ask if I have received their letter, which I have not. I have several accts in dispute and have no idea which one they are acting on. Is this normal for them and am I dealing with it in the right way.

Received another letter today saying that they investigating 'my complaint' and will provide a response within 28 days. Not sure that I made a complaint, merely asked for clarification on some points!!

Thanks Slick, I had already looked at the templates and have drafted a letter saying pretty much what you have suggested. Just to update: No reply from FOS yet but phone calls from Calders are now pretty much non existent. On my complaint form where it asked what action can be done to put things right I have asked for a true copy of the executed and enforceable credit agreement or for BC to confirm that one does not exist. Fingers Crossed! Quick update: 3 letters (1 for each acct) from FOS confirming back log. 2 further letters received stating that BC have had 8 weeks to issue a final response but have not so are being given another 14 days. 3rd account has received final response. Still keeping fingers crossed. Received a copy of the CCA for one of the accts. Advice please. Now moved to Tony v Morgan Stanley DW thread. now moved to Tony v Goldfish thread in BC forum. Re the letter to Calders about the home visit, I received the following from BC:

Sorry for the delay in replying but only just got the opportunity to get the complaint forms sent. Current status: Card 1 - Complaint form sent to FOS. Card 2 - Complaint form sent to FOS Card 3 - Final response from BC so complaint form sent to FOS. Also another letter from Calders saying that they have instructed a local debt collector to visit me. Should I write to Calders to inform them that I have an ongoing complaint with the FOS and also the letter refusing permission for anyone to visit my house. thanks

After sending out a reminder that they have not replied to my letter of 23/11, I received this. What do you think? It looks like a standard reply to me and only addresses some of the questions I asked. mbna MBNA Europe Bank Ltd rv— * PO Box 1004, Chester Business Park, Chester, CH49WW Ourref: Your ref: Date 04 January 2010 Dear Sirs, Thank you for your recent reply to our response to your request for information under Section 78 of the Consumer Credit Act 1974. ("The Act") Our reading of the terms of the executed credit agreement suggests your objections are not well-founded. Please see the enclosed sheet for more information about our analysis, and why we have concluded there are no grounds to challenge the credit agreement in this case - please refer to sections 4 in particular, which address the concerns that you have raised in your letter. It follows that any current debt under the agreement is not being reasonably queried or disputed and the Bank is entitled to collect on the account should it fall into arrears. Yours faithfully MBNA Bank Europe Limited MBNA Europe Bank Limited is authorised and regulated by the UK Financial Services Authority and subscribes to The Banking Code Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England Number 2783251 MBNA503CH Information Sheet 1. What is the "executed agreement" you have provided? This is a copy of the executed agreement that the customer signed. (Depending on how the customer applied - for example if the application was by post - this might be on the same 'page as the application form filled out by the customer). 2. Does a photocopy of the original credit agreement have to be supplied in response to a request under Section 78 of the Act? ,' No, a "true copy" has to be provided; but this is not necessarily an exact copy, as certain information may be omitted from the Section 78 copy (for example, the signature of the customer) under the Consumer Credit (Cancellation Notices and Cppies of Documents) Regulations 1983). 3. When might you not provide a photocopy of the original credit agreement, and why? If the signed original could not be copied legibly for the purposes of Section 78 (for example if it was stored on microfiche) or it could not be retrieved in time to provide a copy in 12 working days, a copy would be reconstituted from our records, and provided instead of a photocopy, As explained above, this would be a "true copy" under Section 78 of the Act. 4. How can I be satisfied that the original credit agreement was properly executed - especially if you have not supplied a copy showing signatures? The Bank takes its statutory obligations very seriously and would not conclude credit agreements with customers unless it was satisfied they were properly executed and enforceable. We make sure that our customers' credit agreements are properly executed under the Consumer Credit Act ("the Act") by having strict processes in place to ensure that each of our customer's credit agreements: • is signed by both the customer and us, • is sent to the customer in full, • is legible when the customer signs it; and • conforms to the Consumer Credit (Agreements) Regulations 1983 (as amended) and in particular contains the terms which are required by Schedule 1 and prescribed by Schedule 6 to those Regulations. We comply with Schedule 6 to the Consumer Credit (Agreements) Regulations (as amended) by including the prescribed terms as follows: a. A term stating the credit limit or the manner in which it will be determined Our customers' credit agreements tell them the manner in which their credit limits will be determined; i.e. we state that the credit limit will be determined by us from time to time and that we will tell the customer what it is. b. A term stating the rate of any interest The rates of interest applicable to each of the possible transaction types are set out in full in the credit agreement. We now show these as per annum rates. However, prior to the Consumer Credit (Agreements) (Amendment) Regulations 2004 coming into force, we may have shown them as monthly rates, as well as providing an annual percentage rate ("APR") for each, calculated in accordance with the requisite statutory calculation. c.. A term stating how you must repay your credit Each of our customers is required in the credit agreement to make a minimum payment each month. Each customer's credit agreement sets out how we calculate this and states that their payment due date is notified to them on their statement each month. We comply with section 62(2) of the Act by sending each customer a copy of their unexecuted agreement at the same time that we sent their credit agreement for signature. We comply with section 63(4) of the Act by sending each customer with their first credit card a copy of the credit agreement that they signed. If we are challenged to prove proper execution of a credit agreement, (sometimes long after the agreement was made, or without being shown evidence suggesting errors were made) we may rely on the legal presumption of correctness, formerly expressed in Latin as omnia praesumuntur rite et solemniter esse acta (all things are presumed to be correctly done). This presumption is reinforced where the customer has utilised the account in the past and has made repayments from time to time. 5. What if the terms of the original agreement have been altered since it was made? This is very likely to have happened, and it is our practice to update an original credit agreement with a customer from time to time in accordance with its terms (legally known as a 'variation'). A copy of the customer's up to date terms and conditions was also enclosed with our response to the Section 78 Request.

Current status: Card 1 - reply from FOS asking me to complete complaint form and return. Card 2 - reply from FOS asking me to complete complaint form and return. Also received a letter from Calders offering a 'settlement opportunity' - dated 22/12 giving me 5 days to call them, arrived 30/12!! Card 3 - reply from FOS asking me to complete complaint form if unsatisfactory response received from BC. Final response received, now to return the complaint form. A couple of questions. 1) Does the fact that Calders have offered a settlement mean that they feel that enforceable court action is unlikely and should I reply to them and ask for the details in writing. 2) Does the recent ruling in Manchester relating to reconstituted agreements now have a bearing on anything. thanks

They have now replied with the following: I am not sure it is enforceable as there is a 'short application form' and a separate printed 'credit agreement'

Still no reply from Halifax - proof of delivery for 7th December. Should I write again with a reminder or just keep waiting?

Sent a CCA request back in August. Got the usual T&C in September. Sent the following letter on 14/11, received by them on 16/11. Have not yet received a reply - What next? ACCOUNT IN DISPUTE Ref: Dear Sir/Madam Thank you for your letter of 3rd September 2009, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the 25th August 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 8th September 2009. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before Capital One enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

On 3rd December I sent the following: Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until 25/11/2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I have yet to receive a reply. What action should I take next?

I have yet to receive a reply from MBNA to my letter of 23/11 but during one of their calls from another continent they have confirmed that the letter was received on the 28/11. I was told a reply would be with me soon. Today received another 2 calls from them, when I asked where the reply to my letter was, I was told - "it was passed to our customer services on the 1st December and was sent for a reply on the 12th December, you should receive it by the 21st December". So nearly a month from the date of sending I may get a reply. Should I send out another letter now or wait for the reply?

Thanks for your comments Nick. I have not had a reply from Calders and probably unlikely to get one as when they phoned today they told me they only communicate by phone. As I will not answer any security questions they will not discuss my case. They asked me to call them as I will not need to answer the security questions but I politely declined. I did point out that if I were to phone them (unlikely) I would only do so if they supplied a geographical number - the girl I spoke to asked what it was . I have now had a reply from The FOS on one of my cases stating that they have written to Barclays who should now contact me. It also says that if I do not hear from them within the next few days I may want to write to them, at an address in Stockton on Tees, and mention that the FOS have written to them. They now have 8 weeks to respond. I have now received the following: 1) Letter from Calders saying that they have no alternative but to pass my account to a local representative who may call at my home - looks like the letter denying them permission to call is needed. 2) Letter from BC after contact from the FOS.11 December 2009 Reference: Dear Mr I write further to the complaint you raised with the Financial Ombudsman Service. You claim that Barclaycard has not provided you with the information you requested previously. You require a true, signed copy of any credit agreement that exists in relation to your Barclaycard account, in accordance with Section 78 of the Consumer Credit Act 1974. Our previous letter dated 27 August 2009 enclosed a copy of your Executed Agreement with the Barclaycard Terms and Conditions at the time you entered into your agreement. This is in the prescribed form which embodied the full terms and conditions of your Credit Agreement in accordance with the terms of Section 61 of the CCA 1974. A copy of the current Barclaycard Conditions was also sent to you under separate cover. In requesting a signed copy of your Executed Agreement, we make reference to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states that there is no requirement for the copy of an Executed Agreement to contain any signature box, any date or signature. We believe that the information sent to you on 27 August 2009 completes our obligation to supply the information and copy documents under Section 78 of the CCA 1974. We would also refer you to the Barclaycard Conditions for an explanation of what Barclaycard is, and is not, allowed to do in relation to your account In the circumstances, we confirm that Barclaycard will be pursuing your outstanding debt in accordance with the Barclaycard Conditions. Your balance is now £xxxxx and you should continue to pay your account in accordance with your monthly statements. However, if you are experiencing any financial difficulty, please contact us so that we can arrange a mutually acceptable repayment agreement. I very much hope that I have fully resolved your complaint but I am obliged to tell you that at this stage you do have the option to ask the Financial Ombudsman Service to review your complaint further, if you so wish. Please find enclosed their leaflet which explains how they deal with complaints. For the purposes of the Financial Ombudsman Service you may regard this letter as our "Final Response" to your complaint. Yours sincerely Mark Hutchinson Customer Relationship Manager Enc: Financial Ombudsman Service - "Explanatory Leaflet". I suppose the way forward would be to complete the claim form for the FOS but before I do some guidance would be appreciated.

I have now written to Barclaycard to explain that I still consider the accounts to be in dispute and have asked the FOS to intervene on my behalf. However today I received a letter (or should I say demand) from Calders. Have written back with the following: Dear Ms King, Further to your demand for payment dated 1st December 2009 I would like to raise a few points: 1) I previously wrote to Calders on 31/10/2009 – I have yet to receive a reply from you. 2) You have stated that I have not complied with the recent Default Notice – I have never received a default notice. If you did indeed send one can you resend by some form of registered post to make sure I receive it. 3) The account is currently in default as Barclaycard have yet to supply me with a copy of the executed credit agreement. 4) I have contacted the FOS to intervene on my behalf as Barclaycard, and companies associated with it, have not complied with any request I have made to supply a copy of the executed credit agreement. 5) You may be aware of the following announcement of a draft guidance made by the OFT today: The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement." "The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds. The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008." As I have yet to be supplied with a copy of the executed credit agreement the above may apply. I look forward to receiving your written response. Now lets see what there next move is.

Had 2 calls from MBNA call centre (guessing its in India) tonight. Bear in mind I am currently in an agreement to make reduced payments. 1st caller asks when I will be making my next payment. I tell him I am not sure but probably by the due date. He then asks me to pay now - I reiterate I will pay by the due date, he then asks when - I say by the due date. He then begins to shout at me. I ask him why he is getting so irate - he says its because of my attitude . He then starts ranting about me refusing to pay - I manage to get a word in and ask when I refused to pay. He mentioned something about putting notes on my file and hung up. About 30 seconds later they ring again. This time its a 'manager' who listened in to the call and he wishes to apologise. I say no problem water off a ducks back and all that - he then asks If I can pay now - I explain as before that I will probably pay by the due date. He says that they will ring me again if I do not pay. I mention that is their prerogative but I may not wish to discuss anything with them until MBNA answer my letter about my CCA request. He the thanks me and hangs up. You've got to love 'em!!

Received 3 replies from the FOS quoting the usual ' we are experiencing very high volume of enquiries' etc. Will now write to Barclaycard to explain that I have complained to the FOS and the accounts ARE in dispute and I will be withholding payments until my complain is resolved.

Both of the above agreements were received in the same envelope and look like they had been typed up just before being sent. I think I may have to write back and ask how I am to know which agreement applies to me as I have not signed either of those.

Here is the Halifax agreement: CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 1. PARTIES The parties to this Agreement are Halifax plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 2. KEY FINANCIAL INFORMATION 2.1 We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change. 2.2 We will send you a monthly statement, unless there have been no payments into or out of the account during that period and the balance is nil. Each month, you must repay at least 2% of the amount you owe us, or £5.00, whichever is more. If the amount you owe is less than £5.00, you must pay the full amount. Your statement will show the minimum you must pay and the payment date. 2.3 The APR for the Agreement is 19.9%APR (variable). 3. OTHER FINANCIAL INFORMATION 3.1 3.2 The total charge for credit is £153.33, consisting of £153.33interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement. Our interest rates are as follows. On balance transfers, related interest and charges On cheques, related interest and charges On cash advances, related interest and charges On purchases and all other amounts Special promotion rate per annum (fixed) 0.0%* N/A* N/A* 0.0%* Special promotion period 12 months from account opening N/A N/A 3 months from account opening Standard rate (variable) per annum (compounded) 19.94% 21.95% 22.95% 19.94% 3.3 *The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Halifax plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out. We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding the monthly interest rate over 12 months. The simple interest rates (not including interest being charged on interest) are:- Balance transfers 1.527% per month Cheques 1.667% per month Cash advances 1.736% per month Purchases 1.527% per month 3.4 We will not charge interest on purchases shown on your current statement for up to 59 days from the date of the purchase, if you pay the total balance shown on that statement by the payment date (and have also paid the total balance on the previous statement by the payment date). Where we do charge interest on purchases, we charge it from the date of the transaction. We will always charge you interest on cash advances from the date of the transaction and for cheques, balance transfers and all other amounts from the date we first charge the amount to your account. 3.5 If you do not pay the total balance shown on your statement, at the date of the next statement we will add the interest we have charged on the unpaid amount to the balance we charge interest on. We will continue to charge interest, at our usual rates, on any unpaid balance after this agreement has ended and both before and after we have got a court judgment. If we allow you to miss or reduce one or more monthly payments, we will continue to charge interest on the full amount you owe on your statement (including on the interest for that month). 3.6 We use all payments you make to pay off your balance in the following order:- 1) Transactions that appear on your statement, starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest 2) Transactions not yet shown on your statement in the same order as above. In this condition, "transaction" includes the amount of the purchase, cash advance, cheque or balance transfer plus any interest, fees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction. If a payment is not enough to pay all transactions charged at a particular rate of interest, we will use the payment firstly to pay off the interest, then any fees, insurance and finally the amount of the purchase, cash advance, cheque or balance transfer within that interest rate band. 3.7 When we work out the APR, we do not take into account any changes to the interest rate, charges or fees. We may change these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 12.2. 4. KEY INFORMATION 4.1 We will charge:- • £25.00 each time you do not make a minimum payment by the payment date. • £25.00 if your account balance is over your credit limit on a statement date. • £25.00 each time a direct debit, cheque or other item is not paid, including a cheque which you write. 4.2 We will charge handling fees for cash advances, balance transfers and cheques; a minimum interest charge; and a fee for transactions in foreign currency, all of which are shown in condition 5. MISSING PAYMENTS Missing payments could have severe consequences and make obtaining credit more difficult IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, Halifax plc cannot enforce this agreement without getting a court order. The Act also gives you a number of rights: 1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement. 2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, Halifax plc or both. 3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue Halifax plc. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau. THEFT. LOSS OR MISUSE OF CREDIT CARD If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to Halifax plc. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to Halifax plc for losses which take place after you have told Halifax plc about the theft, etc as long as you confirm this in writing within seven days. YOUR RIGHT TO CANCEL You have a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to Halifax plc, Card Services, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS. You have ten days starting with the day after you received this copy. You can use the form provided. If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation, you will not have to pay interest or other charges. Any money you have paid must be returned to you. Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request. You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.______________________________________________________________ CANCELLATION FORM (Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.) To Halifax plc, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS: I/We* hereby give notice that I/We* wish to cancel this credit card agreement. Signed Date --1 *delete as appropriate Please note that the cancellation rights above only apply if this is the first credit card you _______ have received under this agreement_________________________________________ I wish to purchase Credit Card Repayments Cover. [ ] I wish to purchase Card Care [ ] I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement. Your Signature Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:- a) that the details provided by you in your application are correct; b) that your data may be used as set out in the Data Protection Declaration on the application form; and c) to be bound by the General Credit Card Conditions. GENERAL CREDIT CARD CONDITIONS 5. Charges 5.1 We make a handling charge of 2.5% (at least £2) for cash advances and 2% (at least £2, but no more than £50) for balance transfers. We may also limit the amount you can take out as a cash advance to a percentage of your overall credit limit. We will tell you what this cash limit is when you open your account. We will also tell you if the percentage changes at any time 5.2 We may charge a handling fee of 2% (at least £2) for cheques offered at special promotional rates other than a special promotional rate you received when your account was opened. 5.3 If in any month you incur interest and this is less than 50p, we will make a charge of 50p which will be added to your account in place of the interest. 5.4 If you make transactions in a foreign currency, we will change the amount to sterling at the exchange rate used by the payment system. We will charge 2.75% of the value of each foreign-currency transaction. The sterling amount shown on your statement will include this charge. If the transaction is a cash advance we also charge the cash advance handling charge shown above 5.5 We may change any of the charges listed in condition 4.1 or this condition 5 and introduce new charges at any time by giving you notice under condition12.2. 6. Words with special meanings 'We', 'us' and 'our' mean Halifax plc and any organisation that takes over the benefits of this agreement. The words 'you', 'your' and 'yours' refer to the person who entered into this agreement with us. The following words have a special meaning. Balance transfer - any balance we allow you to transfer from another UK account. Card -any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card. Cheque - a cheque which we send you to draw money from your account. Continuous payment authority - your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases - goods and services bought using the card or card account number. Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder. 7. Using your account 7.1 We will open a credit card account for you and give you and any additional cardholder a card each. As long as this agreement covers it, we may send you a different type of credit card from the one you asked for, and replace it with a different type of credit card. We may refuse to replace a card if you do not keep to this agreement. You must not let your account go over your credit limit or use your account if it is already over your credit limit. Your account must not be used for illegal transactions. We will charge to your account any amounts arising under transactions, which you or any additional cardholder make, and any other amounts you have to pay us under this agreement. 7.2 You cannot use cheques to pay off any amounts you owe us or to make payments in foreign currencies. 7.3 Cards and unused cheques belong to us. If we ask you to, you must not use them and must return them to us. We will only ask for them if we have a good reason. For example, if you are not keeping to this agreement, or for security, technical or design reasons. If we ask you to return the card or if we believe the card is being misused, we may also put a 'stop' on it. This will prevent you from using it. We may also do this to minimise the risk of fraud if your account has not been used for more than 12 months. We may change the account number or pin at any time if we have a good reason. You or any additional cardholders must only use the cards between the Valid from' and 'end dates' printed on them. 7.4 We will only accept that you have paid any money you owe us when we receive your payment at our processing centre. 7.5 Where interest is payable, the earlier you make a payment, the less interest you have to pay. We do not recommend that you only pay the minimum payment for prolonged periods. 7.6 You must not transfer funds from another credit or store card to your account that would leave a credit balance on your account. We may return any funds that exceed the balance owing on your account to the account from which the money has been sent. 8. Stopping payments and refunds 8.1 You can stop a cheque if you tell us before we pay it. You can stop a continuous payment authority if you tell the person you are paying in time. You cannot stop other transactions. 8.2 We will only make a refund to your account if we have reasonable proof that you are entitled to a refund. 9. Security You must sign your card and make sure that any additional cardholders sign their cards as soon as you get them. You must make sure that you and any additional cardholders: • keep the card and cheques safe and keep the pin and other security information secret at all times; • do not allow anyone else to use your card, pin or other security information; • always learn your pin and other security information and destroy any notice of the pin straightaway; and • do not write down or record your pin or other security information without disguising it. 10. Lost and stolen cards 10.1 You must call us immediately on 08457 20 30 99 if the card or cheques are lost or stolen or could be misused, or someone other than you or any additional cardholder knows the pin. You need to give us the card number. If we ask, you must write to us within seven days to confirm your call. The address is Halifax Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS. 10.2 Generally, you will not be liable for misuse of a card, cheque, or pin (other than by you or an additional cardholder), including where the card is used before you receive it. You will be liable for misuse by a person who got the card with your permission until you tell us about the possibility of misuse. However, you will not have to pay us any money for any loss we suffer because of the use of a card, cheque or pin where they have been used without your authority in connection with a distance contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin. 10.3 If you find any card or cheque after you report it under condition 10.1, you must cut it in half and, if we ask, return it to us. 11. Breaking the agreement and if you die If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. You must pay us immediately any amount you owe that is more than your credit limit and the amount of any transaction that breaks this agreement. We may ask for immediate payment of the full amount you owe if: • you break this agreement repeatedly or in any significant way; • you die; • you have told us something misleading or false; or • you are in financial difficulties (for example, you are likely to be made bankrupt). We will follow the correct legal requirements when we do this including the requirements made under the Consumer Credit Act to serve notices before certain action is taken. 12. Changes 12.1 You must write to us immediately if you or any additional cardholder changes your name or address. You should also advise us of any material changes to your personal circumstances that might have an impact on the credit limit assigned to you or to additional offers that we may make. 12.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will only reduce your credit limit or cash limit if we have a good reason, for example, your circumstances change or because our assessment of the risks of lending to you changes. For any other changes, we can change this agreement, including the interest rates and charges, for any good reason. We will give you at least 30 days' notice in writing of any change to your disadvantage, other than a change to your interest rates, cash limit or credit limit. We will give you at least 7 days' notice of any change to your interest rates or any other change to these conditions that is not to your disadvantage. 12.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice. 13. How we limit our liability We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any cause beyond our reasonable control, including but not limited to: • if any person or machine refuses to accept a cheque or a card; or • strikes, power cuts or equipment faults. 14. Additional cardholders You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us. 15. Ending or suspending this agreement 15.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us if we ask. 15.2 We may restrict or suspend your account at any time without notice if we reasonably believe it is necessary for business or security reasons. 16. Transferring rights under this agreement 16.1 You may not transfer any of your rights or duties under this agreement. 16.2 We may transfer any or all of our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. 17. General 17.1 We may send any notice or other information to the last address you gave us. We will treat them as arriving two days after we posted them. 17.2 We can monitor and record phone calls to or from us. We do this to check what was said and also to help us train our staff. 17.3 We can delay in enforcing, or fail to enforce, our rights under the agreement without losing them. We may also accept part-payments marked as 'payment in full' or with similar wording without losing our right to claim full payment. 17.4 Each paragraph and subparagraph in these conditions is separate from the others. This means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our right to enforce any of the others. 17.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts (Rights of Third Parties) Act 1999. 17.6 This agreement is governed by English law. TH1R 7.263 TBTHC2 07/05