Time To Take On Halifax Credit Card :)

[citizenB]

12th January 2008 - CCA'd Halifax on behalf of OH

 

7th February 2008 - Reminder sent out

 

18th February 2008 - Letter received from Halifax advising that one of their 'Customer care Managers would be investigating 'my complaint' !!

 

22nd February2008 - Their Customer Care manager wrote, advising that CCA had been requested and was being sent out under separate cover.

 

22nd March 2008 - received Postcard through the post advising that 'One of their representatives would be calling on 1st April 2008'

 

22nd March 2008 - I wrote back saying 'No you wont' enclosing the You many not visit me letter and where is my CCA ?

 

1st April 2008 - Today received documents as below (2nd class mail), accompanying letter dated 3rd March 2008 advising that now they had provided these, the outstanding balance was to be paid by 14th March 2008. Bit difficult when you dont receive the letter until 2 weeks later !!.

 

Woud someone please cast their eye over these documents and advise please.

 

 

 

 

 

 

In the top panel that I have blanked out. There has been Credit Card Number written in along with a signature, presumably someone from Halifax and a reference number.

 

 

 

 

 

This really is as poor a copy in real life as it is scanned in. In the box on the right hand side (for Halifax Use only) there is again a CC number filled in under the Your right to cancel box. Also, on the left hand side In the box numbered '10 Applicants's signature it says - PLEASE SUPPLY ME WITH A HALIFAX VISA CARD)'

 

 

 

 

This is the first page of 8 pages , I have only scanned in the first page as I dont think (due to the fact that they have the date 06/07 on them) they bear any relation to the above documents signed in 1998. As well as further on in the documents they state the charges for variouis infractions of use will be £12.00.

 

As already said above... in 2 places on the Application form there has been a 16 digit number entered these 2 entries are the same number. These have obviously been filled in when the application form was returned to the Halifax

 

The letter that accompanied the documents has a different 16 digit number ??

Edited August 22, 2008 by citizenB
Personal details left on 1st page.

[excel1]

You have already spotted the most obvious point despite it being bearly readable and that is ITS an application form so they know where they can shove that!!! :p

[citizenB]

You have already spotted the most obvious point despite it being bearly readable and that is ITS an application form so they know where they can shove that!!! :p

 

:grin:

[citizenB]

On the 12th April OH received a letter from Halifax Complaints dept

 

2With reference your recent communication regarding the above numbered account, we regret that you have found cause for complaint.

 

We are keen to deal with your concerns as quickly as possible. I have asked for one of our Complaint advisors to investigate the points you ahve rasied and will receive a response from us within a maximum of 4 weeks, in-line with the FSA regulations. WE will of course, endeavour to reply to your complaint as soon as possible.

 

Yours sincerely

 

Squiggle."

 

TODAY in the post are a FORMAL NOTICE dated 22 April and sent 2nd class mail and a DEFAULT NOTICE dated 18th April 2008.

 

Now the Default Notice has definitely got charges/late payment fees included. One other issue I have with it is.... It states that "You must pay £XXXXXX by 2nd May 2008" on the first page and on the 2nd page.

"If you ahve not paid the amount requested above within 28 days " ??? Also I dont understand the bit about asking the court for more time to pay??... this has not gone to court?

 

 

 

 

 

 

 

 

 

 

Any comments gratefully received. Thank you xx

[citizenB]

Bump

[BlurredFX]

Looks to me, in my inexperience, that you have rendered the debt unenforceable.

 

As a result, you will probably end up with a default, but no CCJ. There are various strategies around and about the site for getting defaults removed. From what I have seen, none of them have proved "copper bottomed" as yet.

 

I think they mean that you can apply to the court for more time before the Default is recorded on your file. I guess this could be something like you are waiting for some money to come through, or are returning to work following short sickness, but wouldn't know.

[citizenB]

If it can be proved unenforceable then I will offer a F&F but considerably less than they have the debt at right now.

[BlurredFX]

Have you thought about not getting a default? I default is seen as nearly as bad as a CCJ from what my mortgage guys says.

[BlurredFX]

Or is that the idea? Prove as unenforceable, and then settle with a consolidation loan or something?

[citizenB]

No, I certainly wouldnt consolidate any unsecured debt. Any offer made would have to be made monthly certainly for the next 6 months.

[BlurredFX]

Will that leave you with a Default?

[citizenB]

Will that leave you with a Default?

 

Well, I am kind of hoping that as the Default notice hasnt been issued correctly that I will be able to get it declared invalid / unenforceable and get it removed that way. Apart from which they issued it whilst the account is in dispute having supplied me with an Application form and doesnt appear to have the prescribed terms, ets... and is illegible in some places. Will wait and see what reply I get from my letter to them. My next step is Trading Standards and FOS.

[BlurredFX]

Well, getting default corrected/removed is a couple of steps down the track fo rme, but do keep me posted as I would be interested - I have a few Defaults that I have serious issue with, but sorting this CCJ is the priority for me right now!

 

Keep in touch

[slick132]

Hi CB,

 

Surely the way to d/w this is to show that the reply to your CCA request has failed to provide an enforceable agreement. Therefore the debt can't be the subject of collection proceedings or of a default.

 

I'll ask for the CCA response above in post #1 to be checked and commented on for you.

[citizenB]

Hi CB,

 

Surely the way to d/w this is to show that the reply to your CCA request has failed to provide an enforceable agreement. Therefore the debt can't be the subject of collection proceedings or of a default.

 

I'll ask for the CCA response above in post #1 to be checked and commented on for you.

 

 

Thanks xx

[pt2537]

Hi there CB

 

Righty then,

 

the agreement isnt easily legible as required by regulation 2 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

at the bottom of page 2 i cant read any of the important information , so i have to ask if it is the same for you, when looking at the document, is it legible?

 

if its not then they have not discharged their obligations under the CCA 1974

 

if it is legible at your end, can you tell me what it says

[citizenB]

Thanks for looking in pt2537

 

Okey dokey.. reading through a magnifying glass I can just make out:

 

Important you shoud read this carefully

Your rights

 

The consumer Credit Act 19*4.... then it becomes unreadable.

 

Another heading

 

Loss or Misuse of Halifax Visas Balance cards

 

Some of it readable, most of it not.

 

 

Another heading

 

Important. THe next is very faint : Under the Consuemr Credit Act 1974 ??????????????????????????????? paragraphs, then I cant read much more of that.

There appears to be some numbered sentences

 

1 How much credit will we let you have and what is your APR

1.1 The only words I can read here are 'credit limit'

1.2 ?? Halifax Visa Balance cards the APR is 13.9% ?? transactions ??????????/ cash advances 15 ??? cash advances

1.3 The APR for promotional offer may be different to the rates set out in 12 if so we will tell you what the rates are when ?????????????????? teh promotional offer.

2. Minimum monthly payment

2.1 wWIthin 25 days of the date of your statement you must repay us 5% of the amount you owe us, or £5, whichever is the greater. However it the amount youowe is less than £5 you must pay the full amount.

 

On the right hand side I cant read the first block. 2.2

 

3 Interest charged on amounts owed.

3.1, the only word I can read is 'accoutn on the 2nd line.

3.2 The only words I can read are 'promotional offer' on 1st line.

 

4 Cash advance Charge

There is a handling charge of 1.5 ?????? £1 ???? cash advance

 

5 WHen can change charges and interst rates

5.1 this is not legible

the bullet points not easily read, the word charges seems to come up quite frequently but what they are applied to doesnt.

 

 

That is the best I can do, sorry xx

[pt2537]

Right well, tell em to take their heads outta their collective ar$es and supply a leguible agreement pursuant to regulation 2 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

and while they are at it, they should also learn how to make a default notice comply with the requirements of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as the default notioce is not in strict compliance with the regulations

[citizenB]

LOL, many thanks pt2537. YOur comments brought a smile to my face.

[citizenB]

Hmmm, what now ?. I have received a reply from the FOS. Short n sweet. We cannot deal with your complaint because you are not complaining about a financial loss and in addition, the firm has sent to you the documentation you have requested.

 

The fact that it cant be read is obviously irrelevant !!.

 

You may with to refere your concerns to the Information COmmissioner's Office.

 

Any comments gratefully received.

[citizenB]

Help please.. can any one comment on the above post. Is it worth my sending the document to the Information Commissioner as FOS say it isdoesnt come under their jurisdiction.

 

I have received a letter from Blair Oliver & Scott today. Notice of Intended Court Action. It is dated 24th June and received just now.

 

Should I reply or ignore. They have already been advised the document is illegible and in any case it doesnt appear to be enforceable.

 

Personally, I feel like saying. Fine, go ahead, I await your POC with interest. However, I am sure that OH would prefer not to have to go to court !!

[slick132]

Hi CB,

 

Did you write back to Halifax as PT suggested in post #18, telling them they'd failed to provide legible doc'ts and should now do so.

[citizenB]

Hi CB,

 

Did you write back to Halifax as PT suggested in post #18, telling them they'd failed to provide legible doc'ts and should now do so.

 

Hi Slick, thanks for looking in. Yes, I sent the letter out the same day, 28th April.. obviously I left out some of pt's comments (although I would have preferred to have left them in)

 

Since then I have received an "I am sorry you remain dissatisfied letter" with no follow up. On the 14th May, I sent all the paperwork to the FOS and kept both Blair Oliver and Halifax off my back by just sending them short notes with the FOS reference number and saying I wouldnt communicate with them further etc.. now of course FOS have written to say it isnt in their remit and to contact the Information Commissioner's office. But I thought they only dealt with complaints arising from S.A.R - (Subject Access Request) and not CCA letters.

 

I decided to respond to the above threat of legal action by sending BOS a request under the Civil Procedure Rules - Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules and asked them for a whole list of documents I think that was one of pt's as well. In the event that doesnt shut them up, I will SAR them and see if that provides any further information. That has gone out Special Delivery so they will receive it tomorrow.

[Sparkles100]

Hi citezenb...

 

any updates?

 

Sparkles

[citizenB]

Hi Sparkles,

 

Not a dicky bird !!. I decided to send the S.A.R. letter and am now waiting on that. If I dont hear from them within the time frame, then I will get in touch with the Information Commissioners Office. Honestly, it is like pulling teeth with a pair of tweezers :lol: