Halifax Credit Card

[BubbleCat]

Got my list of charges, which are probably still on going.

 

I make out the charges they have imposed on me to be £291.50.

 

How do I now go about claiming these back please? and do I add interest? if so how do I calculate this?

[maroondevo52]

Hi, Bubblecat.

 

Have a look at the step-by-step...........

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Remember, take your claim all the way to court, you only add the interest when you file at court.

 

Regards.

 

Scott.

[BubbleCat]

do the same principles apply for credit card reclaim as bank charges?

[maroondevo52]

Yes, but use this template for your Letter Before Action.......

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

Regards.

 

Scott.

[BubbleCat]

I've just re-read the letter I received before they sent me the info and noticed this phrase:

 

"In relation to your request for information about any manual intervention on your accounts, as the Halifax is not required to record this information I am afraid I am unable to assist you further with this request."

 

Does this matter or should I mention it in the next letter you have kindly suggested?

[maroondevo52]

 

[/font]Does this matter or should I mention it in the next letter you have kindly suggested?

 

Not one jot forget about that bit.

 

Regards.

 

Scott.

[BubbleCat]

Do I ask for the interest at this stage?

Should I state LETTER BEFORE ACTION?

[maroondevo52]

No, only ask for Interest when you file at court.

 

No, this will be your prelim letter, asking for your money back, they have 14 days to comply, they will fob you off. Just continue with your claim, keep to your timescales.

 

Regards.

 

Scott.

[BubbleCat]

Just looked at the original letter I sent for my a/c (dealing with mine and my partners).

 

This was to a DCA called EOS Solutions UK Plc, in Warrington:-

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

They have clearly sent out the SAR info instead of the copy of agreement well at least that has saved me a tenner.

 

Thing is I still haven't got a copy of the agreement. Do you know if there is another letter I have to send for this please?

 

They have cashed the postal order.

[maroondevo52]

Hi,

 

You could try sending them this...............

 

 

Dear Sir/Madam,

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

......................... ...........

 

Remember, don't sign the letter.

 

 

Regards.

 

Scott.

[BubbleCat]

Update and help please.

 

I sent the letter Maroondevo kindly suggested on the 10th Jan.

 

Today I have received the credit card application. It says it is regulated by the consumer credit act 1974 and does have my signature.

Sorry I'm not able to post it up as the text is too small for my scanner to pick up.

 

Looks like they are trying to confuse and drag matters out.

 

What court papers do i need to start a claim going on from the letter in #10?

[maroondevo52]

Hi, Bubblecat.

 

You can do one or the other, CCA or re-claim your charges.

If you think they have your CCA, start the process of re-claiming your charges.

 

You should try to scan the document they have sent you, as someone can have a look and tell you if it's enforceable or not.

 

Have a look again at the 'link' in post #2 and send them your prelim.

 

Regards.

 

Scott.

[BubbleCat]

This is the CCA I have received after my CCA request. Please can anyone tell me is this is enforceable? Sorry I'm not able to scan as the copy is so bad the scanner cannot make out the words.

 

My personal details are on the left side of the page & the following on the right side. My signature is on the bottom of this information

 

HALIFAX CREDIT CARD APPLICATION

Halifax Card Service

CARDIFF

CF10 4PB

 

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

Attached to this application form you will find important information about your account. Some of the information is repeated in the Halifax Credit Card Conditions. You will find a copy of these conditions in your Halifax Credit Card application pack.

 

Please supply me with a Halifax Credit Card as indicated. I confirm that the information I have given you is true and complete.

 

I declare that I have never been bankrupt nor entered into any agreement with creditors or been subject of any judgement or decree for debt outstanding.

 

I consent to any details being passed to other companies in your group for marketing purposes and to select third parties for administrative purposes.

 

I agree Halifax plc may search the files of a credit reference agency which will keep a record of that search.

 

Details of how I conduct the account may also be disclosed to the agency.

 

This information may be used by other lenders in assessing applications for credit from me and members of my household and for occasional debt tracing and fraud prevention.

 

We will check your details with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud we will record this.

 

We and other organisations may use and search records to help:

*Make decisions about credit and related services for you and members of your household.

*Make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.

*Trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies.

*Check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity.

 

I agree to be bound by the Halifax Credit Card Conditions and understand that they form part of this agreement.

 

I understand that you may not accept my application and that you do not have to tell me why.

*If you accept my application, I agree that you are to send and extra Halifax Credit Card to the person that I have named as an authorised user of my Halifax Credit Card. (*cross out this sentence if it does not apply).

 

I authorise you to make enquiries of my employer to confirm my employment details and for my employer to disclose this information to you.

 

Halifax plc uses the information you provide to assess the suitability of your application using a technique known as ‘credit scoring’.

 

When considering an application for credit, we may use the information supplied to us to offer additional products.

 

When I give you information about another person, I am acting for them with their knowledge and approval. I also have their authority to agree to the processing of their personal details.

Edited February 1, 2009 by BubbleCat

[BubbleCat]

>>> Bump

[jaystar2020]

Hi

try to scan and post for the time being, even if illegible...

J

[jaystar2020]

Hi

Bubblecat, this sounds like an 'application form', states 'credit' not 'credit card' Agreement, and no Terms or Conditions, and no repayment/APR details or Credit Limit? Sounds fishy...

 

Maroondevo52, hope it's ok to borrow/modify the letter here. Am in the same situation as Bubblecat and rec'd the same reply, but no CCA, so am going to again request the CCA doc.

J

[BubbleCat]

ok, i've managed to scan now as a picture, but as I have no attachment option for now, does anyone know how I can get it on here?

[maroondevo52]

Hi,

 

Try 'photobucket'..........

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Regards.

 

Scott.

[BubbleCat]

Edited February 3, 2009 by BubbleCat

[BubbleCat]

WOW Scott - Many thanx this is great :grin:

[BubbleCat]

>>> Bump

[jaystar2020]

Hi Bubblecat,

 

Did the terms and conditions, both original and current, arrive with this document?

J

[BubbleCat]

Hi Bubblecat,

 

Did the terms and conditions, both original and current, arrive with this document?

J

 

In short - no

[BubbleCat]

please will someone take a look at the agreement I have posted - would be really grateful to know if this is binding or not?

[BubbleCat]

In addition to #19 and after sending the letter in #10 on the 10/01/09, which MaroonD kindly suggested, I have received a letter offering me £40.50 and saying the charges applied are in line with OFT ruling in April 2006. It goes on to say that when I opened the account I agreed to the T&C's and that charges would be applied from time to time.

 

I'm still not sure if the agreement is enforceable at all? Help please!