Halifax pulling a fast one??

[takeitalltheway]

Several months ago I cca'd the Halifax for my credit card account which I applied for over the phone. They could not produce a credit agreement (because they never sent me one to sign when I opened the account). So after lots of letters back and forth I complained to the FOS. I have now received a letter from the FOS, with copies of letters sent by Halifax to my old address!!

 

The letter from Halifax states that I am incorrect in saying that the creditor must produce a 'true signed copy' of the original agreement. They say that the requirement under section 78 is to produce a 'true copy'. Case law has made clear that this does not have to be an exact copy of the signed agreement but must contain 'every material provision' as stated in Burchell v Thompson (1920). There is no requirement for the true copy to be signed as the signature, signature box and date of signature are specifically excluded from being required in the copy section 3(2)b of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

They have sent me a copy of a document which states Credit Card Agreement Regulated by the ConsumerCrdit Act 1974.

 

The problem with their 'credit agreement' which they allegedly sent me at the time is that the 'agreement' has got my new address on! I only moved 4 months ago and I took the credit card out about 2 years ago!! So they've obviously just made it up!!! It is not signed or dated by me. And it is not signed by a representative of Halifax.

 

I would be so grateful if someone could offer me some advice. I am struggling as what to do now. The Halifax are fighting this one and the FOS aren't being much help to be honest.

[takeitalltheway]

anyone? I really am stuck with this and am struggling with what to do. Any advice gratefully received.

[Mr lex]

Hi Takeit,

 

If you could scan and post the agreement, remembering to remove your personal details, that would be a great help. Some how I don't think that this will be enforceable

 

Lex

[takeitalltheway]

Hi

 

Sorry I don't have a scanner. The actual agreement looks ok but the fact that they have made it up by putting my current address instead of my address at the time really is a stupid mistake on their part.

 

I have emailed the FOS to let them know but have had no reply. I am now getting telephone calls from the Halifax demanding payment. I have just had a call from a lady who wasn't interested in the fact that the account is in dispute and just kept asking when I would be paying the account. She told me that if I didn't pay the account up to date she they would register a default and then take me to court.

 

The FOS aren't being much help here so I don't know what to do.

[MARTIN3030]

You should call the FOS and log a complaint.They will take basic details and allocate you a reference number.

Following this they will send you a form to fill in and they write to Halifax telling them to give you a response.

You should keep things in writing with Halifa

I suggest calling the FOS on Monday morning.

 

In order to prove dispute status you will need to show it.

keep copies of everything between you and Halifax which can show they are acting outside their remit.