Response from Halifax to credit Card CCA request

[Livis]

Hi HH, do u have any updates on your case ?

Livis xx

[hammyhound]

Not a jot - silence is golden!!

 

HH

[amsgirl]

I got the same response - application form with the prescribed terms and conditions on the back so I responded saying that they do not require my signature etc etc. I got phone calls from them but ignored them including an automated voice telling me to urgently call 1st credit which I didn't. Then yesterday I received a letter from them telling me that if they don't hear from me then they will consider legal action etc etc and consider passing it on to their solicitors which will lead to CCJ, Court, Charging order and or possibly bankruptcy and forcing the sale of my house!!! Grrrrr.

 

I am still awaiting my unedited version of my CCA so it's all very interesting!!!

[hammyhound]

Well the silence didn't last for long

 

Received a letter from Apex today with the enclosed supposedly credit card agreement.

 

I know its illegible but just want someone take a look at this to make sure I don't trip up.

 

Oh yes a copy of the same terms and conditions again which for everyone's sanity I will not post up again. Still looks like it was typed yesterday and I am pretty sure that Apex have typed it, it is in the same font as their original letter to me.

 

Apex's letter says I need to contact them otherwise further action will commence - I say bring it on - as long as the "agreement" is unenforceable that is.

 

HH

Edited March 19, 2009 by hammyhound
personal details remained

[davey77]

Not very clear is it.. but i don't see any Prescribed Terms on that signature page.

[hammyhound]

I have also noticed on the terms and conditions they have sent the wrong one the original one they sent said £20 for a late payment, this one says £12 so I know for sure it has been printed out recently and not sat in archives for a while.

 

Thanks for looking

[hammyhound]

Today I received from Apex the following sent by recorded delivery to me.

 

The first document is their letter trying to explain that the application form is a credit card agreement.

 

the second is my original application form.

 

Can anybody take a look to see if they are right in what they are saying. I know I have posted this application form up before but just want to check.

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromApex.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/HalifaxApplicationForm.jpg

 

Thanks for your help.

 

HH

[davey77]

What, no long letter stating exactly why they are exempt from the Consumer Credit Act? tut tut. Ah that old chestnut "sign it only if you want to be bound bla bla". hmm haven't heard that one for a while.

 

They are the ones that are legally bound and without the Prescribed Terms on the Signature document they have nothing. Tell them to get knotted.

[hammyhound]

Thanks Davey, at one point they had me believing they were right.

 

Will ignore them although they are ringing me at home, work and on mobile so I will have to send some kind of harassment letter.

 

HH

[amsgirl]

Hi there, 1st Credit are dealing with my Halifax Credit Card - god help me!! Anyway, after tooing and froing with them not sending me my CCA as I requested back in January but an 'edited' version (still awaiting the 'original true copy!!'), them sending me letter threatening court and bankruptcy etc etc they called me yesterday!! I answered the call which went like this:

 

1st Credit : Can I speak to xxxxx

Me: Speaking

1st Credit: calls are being monitored etc etc

Me: Very Good!!

1st Credit: Date of Birth Please

Me: I am not at liberty to speak to you regarding this matter seeing as the account is in dispute and all correspondance should be put in writing.

1st Credit: Yes but we don't seem to getting anywhere with our letters to you! (bloomin cheek I have replied to each and every one of their rude and threatening letters!!!)

Me: I have replied to all your letters, and I am still awaiting my CCA.

1st Credit: Would you like for someone to call at your house and discuss this face to face!

Me: Not really I would prefer you just to send me my CCA in the post.

1st Credit: Somebody will be calling at your house regarding this matter.

Me: Lovely, I look forward to it. xx

END

 

Maybe I was supposed to be scared that someone could come to my house!!!

[millymollymoo]

what a blerdy cheek. I would of been tempted to say: Yes fine and make sure he/she rings my cca with them or it will cost you for taking up my valuable time:D

 

Good luck I blerdy hate these lot!

 

Milly XX

[amsgirl]

I used to get upset/annoyed at their constant phone calls. Now I get upset if they don't call me haha!!

 

This site is fantastic!

[hackedoff1]

Report them to OFT

Get their licence revoked

They shouldn't be in the business

[davey77]

Hi there, 1st Credit are dealing with my Halifax Credit Card - god help me!! Anyway, after tooing and froing with them not sending me my CCA as I requested back in January but an 'edited' version (still awaiting the 'original true copy!!'), them sending me letter threatening court and bankruptcy etc etc they called me yesterday!! I answered the call which went like this:

 

1st Credit : Can I speak to xxxxx

Me: Speaking

1st Credit: calls are being monitored etc etc

Me: Very Good!!

1st Credit: Date of Birth Please

Me: I am not at liberty to speak to you regarding this matter seeing as the account is in dispute and all correspondance should be put in writing.

1st Credit: Yes but we don't seem to getting anywhere with our letters to you! (bloomin cheek I have replied to each and every one of their rude and threatening letters!!!)

Me: I have replied to all your letters, and I am still awaiting my CCA.

1st Credit: Would you like for someone to call at your house and discuss this face to face!

Me: Not really I would prefer you just to send me my CCA in the post.

1st Credit: Somebody will be calling at your house regarding this matter.

Me: Lovely, I look forward to it. xx

END

 

Maybe I was supposed to be scared that someone could come to my house!!!

 

It's very important you copy this transcript and report it to the OFT. 1st Credit have already been warned about their behaviour and the OFT are watching them closely so every complaint you make against them really counts more than ever:

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[amsgirl]

yes i am going to make a complaint to the OFT. Where do I write to??

[davey77]

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

[davey77]

Here is a nice telephone harassment letter also:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185008-hfo-turnbull-solicitors.html#post1991170

[cxs1980]

Hi

Please forgive me if I am not on the right thread, but this is the first time I have posted anything on this site and wondering if someone can offer some advice.

 

I took out a halifax personal loan approx 3 years ago. I used a template letter from this site to request a cca. After 12+2 days we received a reply from Halifax stating that unfortunately they cannot find any copies of the agreement on their files and to call them if we needed any information regarding the loan.

 

According to s.77/78 of the consumer credit act 1974 (which I stated on the letter I sent them) a copy of the original signed credit agreement should be provided. As they (and ourselves) dont have a copy of the agreement, does this mean that the loan should enter default.

 

Where do I go from here?

 

Any advice would be appreciated.

 

Thanks

[davey77]

Hi

Please forgive me if I am not on the right thread, but this is the first time I have posted anything on this site and wondering if someone can offer some advice.

 

I took out a halifax personal loan approx 3 years ago. I used a template letter from this site to request a cca. After 12+2 days we received a reply from Halifax stating that unfortunately they cannot find any copies of the agreement on their files and to call them if we needed any information regarding the loan.

 

According to s.77/78 of the consumer credit act 1974 (which I stated on the letter I sent them) a copy of the original signed credit agreement should be provided. As they (and ourselves) dont have a copy of the agreement, does this mean that the loan should enter default.

 

Where do I go from here?

 

Any advice would be appreciated.

 

Thanks

 

Sounds like Halifax have come unstuck there.

 

Best things to do is start your own thread in this forum:

Halifax Bank and Bank of Scotland - The Consumer Forums

 

Top left is the 'new thread' button.

An exact start date for the loan would be useful info. If you can't remember then checking your credit files should show that.

 

In the meantime here are a couple of similar threads where the creditor has been unable to locate the original agreement to give you some reading:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/177986-unenforceable-loan.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/179841-natwest-have-lost-my.html

[hammyhound]

Well another letter from Apex today.

 

Sending a copy of the same application form with the highlighted bit about this is a credit agreement.

 

Letter says we will now undertake appropriate checking and validation before seeking an order from the court directing you to pay blah blah

 

Bailiffs are going to turn up and take an inventory blah blah.

 

Right can I ignore this letter. I have sent the account in dispute letter etc.

 

As previously mentioned there are no prescribed terms on the "credit agreement". They do say in their letter that the highlighted information proves it is a credit agreement.

 

 

HH

[hammyhound]

Anyone?

 

They are now ringing me every day, night, weekend, work, you name it they are ringing me on it.

 

Shall I just wait to see what they produce.

 

HH

[pinky1977]

Hi Hammy

 

is this an unsecured debt?

if it hasnt gone to court they have as much right as me to come and take your belongings!! ie none

 

personally i would send them a phone harassement letter. they can only call

8am to 9pm monday to friday .saturday 8am till 4pm ,sunday 9am till 2pm

these are ofcom rulings

 

if they dont have an agreement they are the ones who will look silly in court .personally dont panic

 

and if the worst comes to it and the judge sees in their favour then you will only have to pay what you can afford

[hammyhound]

Thanks,

 

yes it is a credit card, will relax now. Due to the fact they seem to be sending the same credit card agreement gave me some doubts but not now.

 

will wait for the court papers to come through:-D

 

HH

[hammyhound]

This is what I received in the last couple of days. Do they really know what they are taking about - the second page just says "failure to comply may result in further action".

 

Waste of paper me thinks

 

[amsgirl]

Hmmm I'm no expert but sounds as though they have no agreement therefore what further action can possibly taken?? Or have I got that completely wrong???