Halifax cc cca

[takeitalltheway]

I would be grateful of some advice - I feel like I've come up against a brick wall. I complained some time ago to the FOS about ppi applied to my Halifax cc account and also the fact that the Halifax had not provided me with a copy of the cca as requested. After several months the FOS have come back to me and said that they uphold that my ppi was missold but the Halifax have provided some terms and conditions with my name and address on (although wrong address as at the time I took out the cc I lived elsewhere) and therefore they believe that I understood the terms and conditions and that part of my complaint is not upheld. The FOS want me to sign a letter saying that I accept the refund of the ppi as full and final settlement. Of course, I have told them that I will not sign as the Halifax still have not produced the correct documents.

 

In the meantime, Halifax have sent me a default notice and are now telling me that they are sending the debt to a debt recovery agency.

 

I have also written to the OFT who have basically confirmed that unless Halifax have a signed cca they cannot legally enforce the debt. So I have gone back to the FOS telling them that this is what the OFT are saying and am now waiting a response.

 

So, now I'm at a brick wall. I have stopped paying the Halifax but don't really know what to do next. If the FOS won't get involved how do I carry on with this????

[foolishgirl]

Until they supply you with a CCA, they cannot enforce the debt in court.

 

Did you send them a letter 12+2 days after requesting your CCA to put the account in dispute? If so, they then cannot pass the account to anybody else until they supply a copy of the CCA & you can tell any DCA to bog off. If you didn't, I suggest you do so pdq.

 

In the meantime I would accept the PPI refund as a F&F of the PPI issue (if you agree the figure offered) but not in settlement of your dispute in regards to the CCA. Of course, you realise that the refund will only be sent to Halifax anyway to offset your account & if they cannot produce a CCA, they cannot claim any more money from you unless you wish to settle it. So the whole exercise with the FOS could have been a waste of time.

Sorry, but felt you should know, if you didn't already.

Edited December 18, 2008 by foolishgirl
Quick rethink

[takeitalltheway]

Thank you for your response. Yes I have sent a letter notifying them that the account is in dispute. However, they continue to hassle me for payment by sending letters and phoning me every so often. I'm a bit fed up with now. I will contact the FOS to let them know that I am prepared to accept the refund of ppi as you suggest but state that the issue with the cca is still outstanding.

 

Any ideas how I proceed with the non-compliance of my cca request? I know they haven't got one as I never signed one.

[foolishgirl]

I think I would just send them a letter telling them you are accepting the FOS PPI settlement but pointing out that the CCA issue remains outstanding & until such time as they produce one teh account remains in dispute & you will be continuing to withold payments. At the same time you could remind them of their obligation not to pass on the debt etc. & the implications of continual harrassment. There is a template here re. latter issue that you can amend to suit:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Make a note of any calls you receive after this letter. If you do get a letter from a DCA, you would then need to send the DCA the bog off letter (acc. in dispute already etc.)

 

As usual, do not sign your corresp. Use dig sig or print. Send Rec. Del.

[takeitalltheway]

I have today received a letter from a DCA. I think I may have been a bit stupid as I telephoned them to tell them that the account is in dispute as Halifax have not produced CCA. The man on the phone was very pleasant and agreed that Halifax need a CCA and said he would contact Halifax to request one. I think I may have admitted to taking out the credit card and that I had spent on it. Stupid I know, but he was such a nice man. (how gullible am i?) And now I'm kicking myself. Anyway, can't be helped but I was a bit flustered as the letter said they would be sending doorstep collections people round.

[guzzleguts]

Hi take

You have more chance of getting abducted by aliens than them sending someone round.

 

I have the same problem with halifax no cca, sent a blank cca and up to date terms and conditions.

 

GG

[spidey41]

i recieved the same sort of thing from halifax today , some paper work freshly printed , with no signitures on it , and a letter telling me that by law they do not have to produce the original documents ,

[Big Naughty]

Hi spidey - I am in the same position as you. letter saying don't have to send original agreement. I have found some other threads on here about this by BRW about another letter you can send. Most people say they do this because they don't have our agreements, but they quote a specific section in the consumer credit act which is a bit wooley.

 

Have a look at this thread:

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

 

I am preparing a new letter to send out to Halifax in the morning first thing to counter their 'defense' on this.

 

Happy New Year BN

[spidey41]

i have just posted a letter back to them pointing out that as i have not signed this paperwork i do not agree to these terms and conditions , see what that brings

[babydoll0141917]

Hi

 

i too have the same CCa sent to me has spidey41...however mine does have conditions of use on the back..but nothing on the front refers to them being on the back me thinks just coped on the back..mines gone from halifax to blair to iqor and now capquest threatening alsorts

[spidey41]

they do have to supply the original signed agreement , i spoke to somebody at my local trading standards about this and they confirmed it , if i was you i would cca capquest ( if you have'nt already ) and see what they come up with , no signed agreement means they cannot win in court , i have this direct from trading standards

[babydoll0141917]

Hi Sidey41ive yet to send Capquest the bemused letter ..I would think Capquest will just get the same CCa that iqor sent me which is the same has you got..MMM.. it gets so confusing lol..i CCAed halifax in march 08 it took 8mths .received it when iqor was collecting on behalf of halifax and i CCAed them..what is strange tho is we all seem to have the same fronts from around 2001 to 2004 ..but all have different reverses,,something is def fishy..iqor returned it to halifax then out the blue got a threatogram from capquest ,,if they really think theses ccas they send out are ligit,,then why dont they just issue instead of going round the country and back again LOL

[spidey41]

i would think that if the halifax have sold the debt to capquest they must relise that they connot win in court , if youre cca does not have your signiture on it it will be unenforcable it needs to be signed and dated by either you or somebody at halifax

[babydoll0141917]

Hi halifax havent sold it ...looks like capquest are collectin on halifax behalf ..my application front was signed by me,,actually it was a telephone application..which they sent me to sign ..its has the conditions of use on the reverse..but nothing on the front says they are on the reverse ..no overleaf page numbers or nothing ..it has cancelation rights on the front ..and also on the reverse both state diff ways to cancel..on a real agreement you wouldnt have 2 ways on cancellation surely not..theres so much on the cca that just looks fishy..if you want to have a read of whats going on with me u can do here iqor/halifax CCA

[spidey41]

just looked at your agreement it is nothing like mine , my agreement does not even say which bank its from lol , has one sig box only for ppi , no dates at all and no signitures what so ever not even a space for them , it looks like it was printed out the day they recieved my cca , nice new uncreased paper

[babydoll0141917]

oh right soz ..i looked at treads started by you ..and you did put up the same CCa as me to begin with ..have they sent you something different since??

[spidey41]

no this is for a second card , the first halifax card cca was sent with no terms and conditions and no apr

[babydoll0141917]

Oh ok and how are you getting on with that the first card with the same front has mine?? soz was my fault i lost track some where lol

[spidey41]

it has been sold to thames credit , they are continualy offering me a reduced final payment it was half the debt last time , this has been going on for 3 years and no nearer being taken to court

[babydoll0141917]

ohhh great ....hope i get the same treatment