Cca Received From Halifax, Please Assist

[tosh1]

HI

 

I sent a cca request in mid September for a Halifax credit card and this is the version that I received from Halifax.

 

It is extremly difficut to read and looks like it has been photocopied several times and there is hardly anything you can read. The t and c are on a different sheet and are very clear.

 

Any advice is very welcome.

 

Thank you

S002958_LNOTESMAIL_24102008-142548.pdf

[rnp1966]

it states aplication form on the top so i don't think this is a cca, but i am also new to the site and am sure a more knowledgable person will be along soon to give you a difinative answer

[creditcardmug]

Completely illegible and no apparent prescribed terms, they would have no chance with that in court.

[tosh1]

Thanks creditcardmug

 

The t and c are on a different sheet and are readable, as are the prescribed terms.

 

I take it that is not therefore enforceable

[creditcardmug]

The prescribed terms have to be part of the document you signed, i think you can take it that the T&Cs sent were not part of that original doc.

 

And anyway the page with your sig would have to say the terms are overleaf or something, but the whole page is unreadable

[babyblue25]

I am also very new and recieved a similar thing from capital 1 i was told that this didnot contain my credit limit intrest rate a repayment terms by another cagger Send them this by recorded...(revised edition courtesy of Palomino)

 

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.

they then replied closing my account and writing off the debt

 

 

[tosh1]

Thanks

 

Is there a letter that I can send to Halifax to state this that is an application form and can hardly be read?

 

Also one that states the t and c must be on the reverse or something and on on a separate sheet?

[babyblue25]

in a technical way this does say that by quoteing the relevant sections of the consumer credit act. and the fact that they say this is a 'true copy' it blatently is not its a copy of a copy of a copy.

Dont advise them of their job they should know the act being a registered lender hope this clarifys the situation

baby blue

[UnmoderatetheNet]

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. most of the document is blurred and cannot be interpreted and there are no temrs and conditions.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone's interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

It really amazes me the amount of times HBOS, BOS send out these application forms I truly believe under the present laws they are well and truly screwed. The stand lose £1000,s because i've yet to see a proper enforceable CCA from HBOS dated bnefore 2003.

[tosh1]

Thanks for everyones help

 

I'll get this sent out by recorded delivery on Monday.

[babyblue25]

[quote=UnmoderatetheNet;1782090}

It really amazes me the amount of times HBOS, BOS send out these application forms I truly believe under the present laws they are well and truly screwed. The stand lose £1000,s because i've yet to see a proper enforceable CCA from HBOS dated bnefore 2003.

 

Thanks i assumed that the letter i posted was suffient but there are so many variations and interpretations of these letters that some people like to use plain english which sometimes gets results but theses LICENCED people should know the acts that relate to themselves inside out but we all know that they obviously dont!!

[creditcardmug]

Thanks i assumed that the letter i posted was suffient but there are so many variations and interpretations of these letters that some people like to use plain english which sometimes gets results but theses LICENCED people should know the acts that relate to themselves inside out but we all know that they obviously dont!!

 

Of course they know the Acts, they are just trying to blind people with science as it were, and wear them down with their threats etc, in order to get them to pay.

 

Do you have your own thread going on your own situation?

[JR1]

have you S.A.R them yet?

Edited October 27, 2008 by JR1

[tosh1]

Hi JR1

 

No. I have not sent an S.A.R yet. I am sure that some of the amount are charges, but is it too late for that?

[tosh1]

I sent this letter today. Can someone please check it

 

 

Re:− **** **** **** ****

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in DISPUTE.

 

On **/**//2008 I wrote to Halifax requesting that you supply me a true copy of the executed credit agreement for this account.

 

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. most of the document is blurred, faded and cannot be interpreted and there are no terms and conditions.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the account is now 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.

 

It would be in everyone's interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

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.

[creditcardmug]

Yes, looks good to me:D

[fedup74]

Subbing.............Good luck. I am in the same situation with MBNA who are just about to sell the debt on after they sent me an application for a credit card as a true credit agreement. Interested to see what Halifax say to your letter.

[babyblue25]

Of course they know the Acts, they are just trying to blind people with science as it were, and wear them down with their threats etc, in order to get them to pay.

 

Do you have your own thread going on your own situation?

 

i do creditcard mug just search for my name i have several as im doing my ddads ones too.....

[tosh1]

received a letter today from halifax.

 

baisically telling me that they are required to give me notice or contact the office of fair trading.

[tosh1]

I SENT THIS TO HALIFAX TODAY. CAN SOMEONE PLEASE CHECK IT.

 

Re: my request under the Consumer Credit Act 1974

 

This account is in DISPUTE.

 

On 12/09/2008 I wrote to Halifax requesting that you supply me a true copy of the executed credit agreement for this account.

 

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. most of the document is blurred, faded and cannot be interpreted and there are no terms and conditions.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

I have today received your correspondence dated 09/12/08 stating that under the Consumer Credit Act 1974 you required to give me notice. As have still failed to supply me with a true copy of the agreement, I believe that this account is unenforceable.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I also require you to send me a complete list of transactions and charges relating to the above account. I enclose the statutory fee of £10.00. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Your sincerely

[angel_1]

good luck tosh1

 

am subbing as im in battle with halifax too and they have yet to respond to my dispute letter

 

have had no acknowledgement yet or correspondence only demands for payment

 

i have also sent harassment letter

 

keep positive we can only see what they now throw back at us and then come back for the experienced caggers to help us on the next move from us

 

laters and wishing all a lucky 2009

 

angel x:wink:

[tosh1]

Thanks Angel 1

 

Good luck

[angel_1]

Thanks Angel 1

 

Good luck

 

 

thanks and you are very welcome

 

off to do a bit of shopping with cash of course with darling daughter,lol

 

laters angel x

[babydoll0141917]

I sent this letter today. Can someone please check it

 

 

Re:− **** **** **** ****

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in DISPUTE.

 

On **/**//2008 I wrote to Halifax requesting that you supply me a true copy of the executed credit agreement for this account.

 

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. most of the document is blurred, faded and cannot be interpreted and there are no terms and conditions.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the account is now 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.

 

It would be in everyone's interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

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.

 

thats the letter to send then just sit back and wait ..ive heard from iqor ..now been past to capquest..i wonder who is nxt lol ..mine is too an aplication with conditions of use on the reverse..it doesnt state the condition are on the reverse..or overleaf etc ..not even no page numbers..infact mine was a telephone application ..good luck hun..im subbing !!

[audiobookman]

looking at this i think i may just as well cca my halifax cc, i have a massive amount on there that dosnt want to move no matter how much i pay, my account opened in 2001 with NO application or anything, i just opened up a new current account and a week later the card dropped on my doorstep.

Just have to tell the mrs that were gona get bombarded with calls again agghhh.

cheers