Gazza112 Vs Halifax Credit Card

[Gazza112]

Hi

 

I'm new to this forum, need a bit help.

I'm in a bit of dept with some credit cards one of them is Halifax due to ill health and on benefits.

It started in May when i could not pay my minimum payment to Halifax.

I owe Halifax at this Present time £1389.00 My limit on the card was £9600 in May. Now the kind hearted Halifax has reduced my limit now to £500, putting me into extra charges on the account. I've done some reading on this forum and have been writing to them explaining my situation. But as most of you on this site know you never receive and mail back from them.

I have writen to them asking them if they would accept a token payment but none of my credit card companies have got back to me as of yes.

This week i have sent of, requesting for a CCA so will see what happens next.

Am i doing the right thing at the moment in dealing with this credit card company.

 

Gazza112

[Gazza112]

Hi

 

 

Forgot to add although i'm receiving benefits, i'm also a full time carer.

 

My Depts are as follows at this moment in time

 

Halifax Credit card £1417.81

Barclaycard £4962.76

Capital One £4437.40

Natwest £3969.15

MBNA £1075.84

Abbey £2272.08

 

 

At the moment i've received 3 Default notices on these accounts.

Also received one house call from DC working for Barclaycard which i wasn't to pleased with as its stressing my father out who's disabled and not his dept.

If i didn't read on hear beforehand about DC's i would of not known what to do. But i must let you all know it was great seeing the DC's face when i told him to leave it was brill.

 

Any help from this forum will be much appreciated on sorting these sharks out, i know i've got a long road in front of me to get all my depts sorted out.

 

 

Gazza112

[Gazza112]

Hi

 

Received my CCA from Halifax today, As you look at it its not my scanner this is how i received the paper work.

I haven't added the terms & condictions as there the latest version, and not the terms and conditions that i took out originally.

 

 

 

 

 

Gaz

[MARTIN3030]

moved as requested.

[Gazza112]

Hi Martin3030

 

Thankyou for moving the thread to here.

 

Gaz

[citizenB]

Sorry Gazza, I didnt realise I wasnt subscribed to this thread:)

 

Halifax playing the moral card again:( It is a very poor copy and these do not appear to be connected. Is there anything at all ie numbers down the side/bottom that could connect these two documents ?

 

They appear to be 2 different application forms. They both have space for your name, address, additional card holder. Obviously you have blanked out details on both. However were the details on both completed by your hand ?.

 

I think you need someone more experienced with agreements to look at them. But I would be saying that apart from the illegibility.. they arent compliant.

[Gazza112]

Hi CitizenB

 

I didn't need to blank anything out as it was so faded you couldn't see the writing. Also the writing on the forms was not mine, and i never signed this application form. Which makes me wonder if they have filled in another form.

 

Gaz

[citizenB]

Hi CitizenB

 

I didn't need to blank anything out as it was so faded you couldn't see the writing. Also the writing on the forms was not mine, and i never signed this application form. Which makes me wonder if they have filled in another form.

 

Gaz

 

 

Hmmm, sounds decidedly dodgy to me. I will put a link to the documents on a couple of threads to see if we can get further opinion from other people on the forum.

[42man]

Moving to debt forums Gazza...

[Gazza112]

Hi CitizenB

 

I'm sure i filled out an application form, but this is definitely not my hand writing and it also was not signed. Its funny but a couple of weeks ago they sent me a letter stating Halifax needed my signiture to send these documents.

I'll get the letter put up.

Thanks for putting the link in other threads.

 

Gaz

[Gazza112]

Hi 42man

 

Thanks for doing that for me.

 

Gaz

[citizenB]

Hi CitizenB

 

I'm sure i filled out an application form, but this is definitely not my hand writing and it also was not signed. Its funny but a couple of weeks ago they sent me a letter stating Halifax needed my signiture to send these documents.

I'll get the letter put up.

Thanks for putting the link in other threads.

 

Gaz

 

 

Please tell me you didnt give them your signature ??. If you definitely didnt complete these forms, then IMHO they arent worth the paper they are written on.

[Gazza112]

Please tell me you didnt give them your signature ??. If you definitely didnt complete these forms, then IMHO they arent worth the paper they are written on.

 

 

No, i never replied to the letter as they did state at the time that this would be the last time they would correspond with me.

So to receive this CCA or so cord CCA yesterday was a surprise, or more like a shock:eek:

 

Gaz

[citizenB]

No, i never replied to the letter as they did state at the time that this would be the last time they would correspond with me.

So to receive this CCA or so cord CCA yesterday was a surprise, or more like a shock:eek:

 

Gaz

 

Phew, thank goodness for that.

[42man]

How old is this Gazza ?

[Chalkitup]

Hello All,

 

Probably nothing but their letter of 04/11/08 makes interesting reading!!!

 

They say "As requested I enclose the required documentation to demonstrate a fully executed agreement......."

 

That implies to me "a made up" agreement for demonstration purposes!!

 

They then make a big thing of the fact that you have not questioned the agreement before .... this happens quite a lot when they have no agreement that is enforceable!!

 

Onwards and Upwards

 

Chalkitup

[tiglet]

It's an application form, pure and simple - it does not contain any of the prescribed terms. therefore, they are still in default of your CCA request.

 

Standard HBOS rubbish - OFT guidelines clearly state that they must cease collection activity when an account is in dispute.

[Gazza112]

Phew, thank goodness for that.

 

Now would i frighten you like that CB:p:D.

 

Gaz

[citizenB]

I dont know Gazza, it seems to me as though you like living dangerously

 

How old is this Gazza ?

 

42man, I think this was taken out in 2002 ?

[Gazza112]

Hi 42man

 

Halifax was very obliging to put the date when i took this card out in there letter 9th September 2002.

Its that faint that i had a job trying to delete my personal details.

 

Gaz

[42man]

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

[Gazza112]

Thanks for the Letter 42man brilliant, i'll get that in the post to them tomorrow.

 

Gaz

[Vulture_Bank]

Hi

 

Received my CCA from Halifax today, As you look at it its not my scanner this is how i received the paper work.

I haven't added the terms & condictions as there the latest version, and not the terms and conditions that i took out originally.

 

 

 

 

 

Gaz

 

I HAVE BEEN TOLD THAT HALIFAX have been sending out a lot of the "same " cut and paste letters recently signed by different members of staff.

how do the laws of scotland apply ????? in england

[The GodMother]

Well i say.

 

Unenforcable.

 

1) it is illegable, cant be read.

2) you cant read the writing as it is to faint, how do u know this does not belong to the neighbour?

3) it is not signed.

 

 

Send a bogoff letter, like 42 man posted, and advise them to put up and shut up.

 

GM

[Gazza112]

Thanks The Godmother for that i've just sent a letter to Halifax, will let you know the outcome when or if i get a reply from Halifax.

 

gaz