problems with halifax

[underdog13]

An excellent point atwozee! Tried to give you a reputation click, but it won't let me.

[davey77]

s61 CCA - Signing of agreement:

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner....

[roadsteruk]

Hello , i have read this thread with great interest, I have just received the same application / agreement back following a CCA , but the terms and conditions have not been photocopied on the back of the application/agreement but were sent on different sheets.................

Maybe they have decided this trick no longer works?

 

thanks

[roadsteruk]

Sorry post above!

[babydoll0141917]

Any update on this Sussex! ??

[Fingers60]

Hi Sussex

 

Have a look at my post 24 on my link:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/184068-halifax-credit-card-cca-2.html

 

another cagger was sent the cca with the terms photocopied on the back....whenhe went to court he said Halifix produced the original cca and t & cs as seperate documents ....i think we could safely assume the originals are not on the same a4 document

 

any thoughts and how are you progressing?

 

allthe best

 

Fingers

[sussex1]

Hi sorry for lack of updates, have been off line for one reason or another

 

i chose to say to Halifax again that what they have sent is not enforceable as there is no referance to the terms and they have now said it is a true copy of front and back.

 

in addition

 

As posted by Davey77, I copied his comment re thelack of signature.

 

They replied saying their legal team do not believe i have suffered any detriment from them not signing it and does not mean its totally unenforecable.

 

I have replied asking them to clarify why S61 CCA signing of agreement does not aply to their company. That was around a month ago and I have heard nothing more.

Edited April 7, 2009 by sussex1

[sussex1]

on thinking about this case, i suppose the ideal thing would be that they now terminate the account given that the default notice issued in Oct 08 was wrong and i can then end things once and for all.

 

Is the fact it is now 6 months since this was issued and they still haven't done anything an indication they know they are in the wrong?

[millymollymoo]

{deleted till clarified by Professor J macleod of which a explanation is being sent to me]

 

Soz!

Edited April 9, 2009 by millymollymoo

[Desperate Daniella]

subbing, because it's late and I need to read this again tomorrow, having got here through your link, MMM.

 

Thank you for this.

 

DDxx

[babydoll0141917]

on thinking about this case, i suppose the ideal thing would be that they now terminate the account given that the default notice issued in Oct 08 was wrong and i can then end things once and for all.

 

Is the fact it is now 6 months since this was issued and they still haven't done anything an indication they know they are in the wrong?

 

Hi Sussex nice to see you back,,I totally agree with you,My default notice was sent jan 2008 giving me only 6 days to pay so i know the default is invalid,,ive not payed halifax for a yr, have the same CCA has u with diff Terms on the reverse,surely they would of up the stakes by now if they had anything to play on

 

And thanks milly thats intresting stuff x

[citizenB]

Hi Fingers I have been reading a Consumer Law book by John Keith Mcleod , barrister, professor of law, 2002 Edition, that applies to agreements of this age. This is copyrighted so am unable to paste the text, but will attempt a fair explanation.

 

To clarify concerning 61(a) of the CCA 1974:

 

This section clearly requires that a regulated agreement including a credit token agreement must comply with the following requirements;

 

1. it must be in the prescribed form as to the Agreement Regulations.

 

2. On the SAME side as the signatures, the document itself must containt the terms prescribed in the agreement regulations (reg 6(1)):

the credit limit, the rate of interest and a term stating how the financial obligations of the debtor is discharged and these must be stated together as a whole that will ensure that the larger list is included in the actual agreement rather than any document referred to in it.

The regulation makes it clear that the abscence of these terms takes an agreement outside the dispensing power of the court.

 

 

Now to explain what S61(b) means:

 

the document embodies all the terms of the agreement, other than the implied terms.

 

This section requires that the regulated agreement contains or refers to all the express terms of the agreement ( NOT THE PRESCRIBED TERMS!!) the T&C's.

 

Now to go further:

 

This is called the required terms and it is these terms (and NOT the PRESCRIBED TERMS) that are what is referred to on the NON-SIGNATURE side (the reverse) this is to COMPLY with S.189(4) 'embodies' the terms required by the Agreement regulations so that they must either be in the agreement OR in adocument referred to in it.

 

 

So there you go the PRESCRIBED TERMS MUST BE ON THE SAME SIDE AS THE SIGNATURES. If the agreement refers to anything 'overleaf' tehn it is referring to basically T&C's.

 

Milly X

 

 

MMM, might be a good idea to run this past some of the guys on the consumer credit agreement thread. I know there has been a lot of discussion regarding the "four corners".

[millymollymoo]

MMM, might be a good idea to run this past some of the guys on the consumer credit agreement thread. I know there has been a lot of discussion regarding the "four corners".

 

 

Okey Dokey. I checked out this barrister and he was sitting chair of Law till 2005 at University of liverpool, The thing I would like to ask is why he says on the same side of the siganture . I am trying to find him on the net atthe mo as he MUST have proof of this being a Barrister.

 

Milly XX

[amsgirl]

What a fantastic thread. I am experiencing the same sort of thing but Halifax have sold my debt on and assigned it to the lovely 1st Credit!!! I have a thread running about it but I received a letter from 1st Credit yesterday and one paragraph states:

 

"We have noted your comments regarding section 127(3) however this legislation has been repealed by the CCA 2006 c.14 sch4 Para1 in Court. Therefore should this case be taken to court we would adhere to the Judges discretion."

 

 

Has anybody else heard of this???? They also make reference that I should seek advice from a regulated body not an unregulated debt forum on the internet!!!!

 

My thead is 1st Credit / Halifax CCA Response Help!

[dpick]

What a fantastic thread. I am experiencing the same sort of thing but Halifax have sold my debt on and assigned it to the lovely 1st Credit!!! I have a thread running about it but I received a letter from 1st Credit yesterday and one paragraph states:

 

"We have noted your comments regarding section 127(3) however this legislation has been repealed by the CCA 2006 c.14 sch4 Para1 in Court. Therefore should this case be taken to court we would adhere to the Judges discretion."

 

 

Has anybody else heard of this???? They also make reference that I should seek advice from a regulated body not an unregulated debt forum on the internet!!!!

 

My thead is 1st Credit / Halifax CCA Response Help!

 

Funny I have been to court and the judge said that the 2006 CCA amendments were not retrospective, so I would say as normal 1st crud talking through another orifice.

 

dpick

[citizenB]

What a fantastic thread. I am experiencing the same sort of thing but Halifax have sold my debt on and assigned it to the lovely 1st Credit!!! I have a thread running about it but I received a letter from 1st Credit yesterday and one paragraph states:

 

"We have noted your comments regarding section 127(3) however this legislation has been repealed by the CCA 2006 c.14 sch4 Para1 in Court. Therefore should this case be taken to court we would adhere to the Judges discretion."

 

 

Has anybody else heard of this???? They also make reference that I should seek advice from a regulated body not an unregulated debt forum on the internet!!!!

 

My thead is 1st Credit / Halifax CCA Response Help!

 

This is true, however, what they have failed to tell you is that it isnt retrospective so any account opened BEFORE that regulation was changed is not subject to the changes

 

18. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006.

[angel_1]

subbing and will read the whole thread later as i have a few questions myself, maybe will find the answers in this thread otherwise will shout

 

have fun laters angel x

[FlyboyAgain]

After a second request, Bank of Scotland have finally supplied a copy of the signed Priority Agreement, dated 16 Feb, 2000. They now want the full amount by 5th May! I don't know what else I'm meant to look for on that form, so it looks like they've got me.

 

I really need advice on what to do and what could happen next!

[davey77]

Flyboy.. can you post the application form up on your thread. (scan or take a photo).

 

Minus personal details.

[FlyboyAgain]

Flyboy.. can you post the application form up on your thread. (scan or take a photo).

 

Minus personal details.

 

Ok, gimme ten.

[FlyboyAgain]

Ok here goes, three jpegs of the priority app form:-

[FlyboyAgain]

These images are really small!

[davey77]

They are a bit small to read... can you use photobucket. Bigger that way.

 

Also, do you have your own thread for this account. Better to post them up there or start a new thread on the subject.

[FlyboyAgain]

Go here to views scans of the form:-

 

Scans pictures by kakkadoo - Photobucket

[FlyboyAgain]

They are a bit small to read... can you use photobucket. Bigger that way.

 

Also, do you have your own thread for this account. Better to post them up there or start a new thread on the subject.

 

Thanks, I do have my own thread. Just keeping tabs on others that may be useful.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/188216-dca-heavy-handed-over-3.html