Halifax CCA request

[samcook1703]

Hi there

I have done everything in order to gain my CCA agreement and waited the 12 working days + 30 calendar days. Nothing arrived.

 

One week later a copy of a credit card application for Bank One arrived with a copy of the terms and conditions of the Halifax Credit Card

They state that this fulfills my CCA request.

I believe this does not comply from reading other threads?

Am i right????

 

I now today have received a default notice from the Halifax stating they want £575 paid by 6th June 08

I am now worried as this is getting quite serious and if i dont pay the 575 they want the full balance of £8100

 

WHat do i need to do now, im stuck and confused, i cannot have a ccj as this is a breach of my job conditions.

 

Many Thanks

 

Sam

[rippedoffagain]

I am not sure why you would want to CCA them, if you cant risk a CCJ.

 

I doubt they will turn up an agreement, and I suspect that the Default Notice is faulty, but HBOS will probably take it all the way to issuing claim. They may not win, but they will certainly test your nerve.

[samcook1703]

My next job starts in July and requires a healthy credit rating which is neither here nor there,

I just need to know exactly what to do next?

Do i need to send another letter?

[rippedoffagain]

They will ignore anything you do regarding this. Is the default notice a propper one or a "Final Notice"? A Default on your credit file is as bad as a CCJ, as far as lenders are concerned.

[maroondevo52]

Hi, Samcook.

 

Can you post the Application and Default Notice they sent ?

 

Remove all personal details.

 

If all they sent you is an Application Form, they are having a laugh.

 

Regards.

 

Scott.

Edited June 3, 2008 by maroondevo52

[samcook1703]

My scanner is on the fritz so have typed the letter received from Halifax below in relation to the default notice.

Can you take a look, i will get the application form scanned in tomorrow, (i received the completed application form with a copy of the current terms and conditions)

 

Dear XXXXXX

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

 

This is a default notice served under Section 87(1) of the Consumer Credit Act 1974

Clause 2.2 of your terms and conditions details of the minimum payment you must make each month. You are in breach of that clause as arrears are outstanding.

You must pay £562.69 into your credit card account no XXXXXXXXX before 6th June 2008

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

We will terminate our agreement with you and close your credit card account XXXXXX. You must pay the full balance owing on the account immediately. If you do not do this, we make take legal proceedings against you and or instruct a debt collection agency to recover any amount you owe us on your account.

If your account conditions allow, we may also transfer money from any other accounts you may have with us to reduce the debt outstanding.

You and any authorised users must stop using your cards immediately. Your cards must be cut in two pieces through the magnetic strip on the back of the cards and returned to us at the address overleaf before 6th June 2008. If your cards have already been returned please ignore this request.

If you have not paid the amount requested above within 28 days of this letter or made satisfactory proposals to do so, we will pass details of the default to a licensed credit reference agency and this will be recorded on your credit file.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE. YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

[rippedoffagain]

It is very important to note the date of the default notice. If the date is after 22nd May then it is faulty. They must allow 14 days after date of service to remedy the default.

[harrythehawk]

hmmmmm sounds like a familar story, I have got my "application form" along with a copy of the terms and conditions that WOULD have applied at the time ........ basically they don't have it but do post up your copy and someone can confirm this for you

[samcook1703]

Default notice dated 23rd May 2008

[rippedoffagain]

Default notice dated 23rd May 2008

 

Allow two days for service 25th May then fourteen days is 8th June, So they have not allowed time for service, shot themselves in the foot again.

[rippedoffagain]

It took around nine month from the default they issued me, to them making a claim.

[samcook1703]

I have now received a default letter and do not know what to do, is there any letter that i need to send now i have received a default

as they have not complied with cca request?

[samcook1703]

i have recently received a copy of an application form for Bank One with terms and conditions from Halifax. Links below,

I am sure this is unenforceable but need some advice as i now have DCA's chasing me, links also below.

I have sent letters to halifax but they remain adament that these are enforceable.

 

Application Form and covering letter

http://i495.photobucket.com/albums/rr314/samcook1703/Image0001.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0002.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0003.jpg

 

Terms and Conditions links

http://i495.photobucket.com/albums/rr314/samcook1703/Image0006.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0004.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0007.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0008.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0009.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0010.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0011.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0005.jpg

 

DCA Letter Links

http://i495.photobucket.com/albums/rr314/samcook1703/Image0012.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/Image0013.jpg

[MARTIN3030]

Reported and noted Sam.please be a little patient.

[steven4064]

sam

 

THe application form (image0002) is just that, an application form dated 1999. It would be enforceable if it had the p[rescribed terms on the back. However, the T&Cs tehy have sent are clearly recent ones (£12 charge for late payment indicates that they are later than April 2006).

 

What they have sent does comply with your request under s78 of the CCA 1974.

 

They have not sent a copy of a properly executed agreement as defined by s61 of the CCA1974 so therefore it can only be enforced by a court by virte of s65. S127 limits such enforcements to documents signed by teh debtor and having the prescribed termswithin themselves, whic what theyt have sent you clearly does not. THerefore it is not enforceable.

[42man]

...

[samcook1703]

Thats great that it isnt enforceable what do i need to send to the DCA?

Many Thanks

[42man]

You could try this one...

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is 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, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

[samcook1703]

I sent the above form 42man to halifax, i have now had a response claiming that all points have been met?

I am somewhat confused, i am also waiting for my charges to be listed.

 

Link to their response, they say current and historic terms and conditions, i have put all correspondence

[samcook1703]

I sent the above form 42man to halifax, i have now had a response claiming that all points have been met?

I am somewhat confused, they say current and historic terms and conditions, i have put all correspondence on photobucket with links

I am also waiting for a list of charges put on my account

 

Link to their response below

 

http://i495.photobucket.com/albums/rr314/samcook1703/halifaxresponse.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/halifaxresponse1.jpg

[steven4064]

If they have sent you historic and current T&Cs then tey have complied with your request under s78 of the CCA 1974. THat however, does not constitite an enforceable agreement

[davey77]

I sent the above form 42man to halifax, i have now had a response claiming that all points have been met?

I am somewhat confused, they say current and historic terms and conditions, i have put all correspondence on photobucket with links

I am also waiting for a list of charges put on my account

 

Link to their response below

 

http://i495.photobucket.com/albums/rr314/samcook1703/halifaxresponse.jpg

http://i495.photobucket.com/albums/rr314/samcook1703/halifaxresponse1.jpg

 

 

wow this is a really interesting response i think.

 

Are creditors finally realising that while we understand they have complied (up to a point) with CCA request that we also understand that it doesn't automatically make the production of a non-signed agreement enforceable?

 

I must say, it's a totally different kind of reply than i have ever received!

 

"We have complied with section 78 of the CCA 1974 and we are not legally obligated to provide you with the signed credit agreement. We only have to provide you with the signed credit agreement when we seek to legally enforce the debt or take legal action against you."

 

"For the avoidance of doubt, the Consumer Credit Act 1974 does not prohibit collection activity when an account is in dispute." No, but OFT Debt Collection Guidance does!

[samcook1703]

I now have Moorcroft chasing my tail, I have sent the usual Bog off letter as the documents supplied are not enforceable, but they continue.

Is there anything else i can do?

[pussycatdoll]

I too am in a the same position with the Halifax. I think we all need some expert guidance now as to how to further proceed as effectively they have tossed the ball back into our court.

 

However I feel that they are hiding behind the constructed agreements that they are sending out.

 

If I was a CC Company and new I had an enforceable agreement I would just automatically send it out. They know presumably what the law dictates so I can only assume that failure to produce the document means that they are unlikely to have an enforceable one.

 

After all if you had something that was 100% enforceable you would shoot everybody down - Now pay up or else.

 

I think they have a problem

 

How do we proceed next?

[samcook1703]

Definately, nice to know someone else is in the same position.

Unless they do put it into court, this seems to be a stalemate!