CCA to Halifax and Direct Legal

[Pinkpegasus]

Starting a thread re me sending off CCAs to the above re chasing payment, me wishing to full and final them and possibly have a couple of defaults removed. Sent recorded and just checked, both delivered today.

 

Do their initial 12 days begin from today as today is the delivery date?

 

Ta in advance xx

[42man]

Yes...12+2 working days, if they don't supply within that timescale then they are in default of your request, if after a further 30 calendar days they still haven't supplied then they have committed an offence under the Consumer Credit Act 1974

[Pinkpegasus]

Cheers for that.

 

I know I have stored the next letter somewhere just in case. haha.

[Pinkpegasus]

Nothing yet from Direct Legal, but received letter from Halifax as below and my £1 cheque back with a compliment slip. Does this mean that they are not even going to try to send a copy of my CA?

 

http://i79.photobucket.com/albums/j157/Jo_Pinkpegasus/halifaxresponse1.jpg

[Dispirited]

They may not charge a fee. When I sent 4 SAR requests to HSBC on behalf of family members, they returned all the postal orders - how kind of them...!

[Pinkpegasus]

Yeah, they should have used it towards the debt I owe them!!! ha ha

[Pinkpegasus]

Received this letter and copy of agreement yesterday, damn. Obviously hoped they didn't have it.

 

Would someone have a look to see if it is enforceable please? Thanks...

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/letter.jpg

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/hali1.jpg

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/hali2.jpg

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/hali3.jpg

 

Thanks in advance.

 

I was also sent a default notice for the same account last year even though I was regularly paying through Payplan, I have posted this below, would someone also have a look for me to see if this is valid please? Thanks xxxxx

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/haldefault1.jpg

 

http://i295.photobucket.com/albums/mm132/Johannawalker_photo/haldefault2.jpg

 

 

Not heard a thing from Direct Legal!!!

[42man]

On the face of it looks enforceable to me...although i'm not an expert on these agreements...they would also have to produce the original if it ever got to court...

 

If this helps...

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

[Pinkpegasus]

Hi, thanks for that 42.

 

Would someone have a look at the default bit at the bottom, please?

 

Cheers.

[rosierose]

Hi, thanks for that 42.

 

Would someone have a look at the default bit at the bottom, please?

 

Cheers.

 

The notice period is incorrect. See Woodchester Lease Management Services Ltd v Swain and Co

[Pinkpegasus]

Been offline as moved house, but it's been well over 12 + 30 days since I sent the CCAs off to Direct Legal.

Received statements of my accounts from them and they have actually cashed the cheques to my account! Gonna read back through some other threads to find the correct letter to send now.

[Pinkpegasus]

With regards to my Halifax default, does the date the letter was sent (12 June) and the date payment is required (21st June) make it invalid? As there is less than a 14 day period?

 

ta xx