help.. halifax credit card nightmare

[amsgirl]

Hi CCM I have now uploaded my docs using photobucket on my post

1st Credit / Halifax CCA Response. Thanks for looking xx

[angel007]

hi... this morning i have had a notice from sainsburys they are sending someone round my house on the 23rd of april.. what should i do? phone and say its inconvenient, they have obviously got my letters about the account is in dispute.

[angel007]

hi just posted newest letter sent from sainsburys

 

 

please could you take a look

 

thankyou

[angel007]

sorry think this is the link Pictures by isis007 - Photobucket

[creditcardmug]

Theres very little chance they would actually send someone, they are just trying to frighten you, if by chance they did just say you only correspond in writing and to get off your property, or the police will be called (dont be afraid to do it)...they have no rights whatsoever.

 

Send this to the idiots by recorded, (it take it its BOS/Halifax)?

 

Bank of Scotland

Card Services

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

 

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: xxxxxxxxxxxx

 

Thank you for your correspondence of xxxxxxxxxxx, received by me from your xxxxxx address, and stating that a ‘representative’ will be calling at my home on 2/4/08.

 

Please be advised that I will only communicate with you in writing.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you

 

Yours Faithfully

[angel007]

thankyou for that advise. did you have a look at the other letter they sent me concerning the account in dispute letter, they are saying that the agreement is enforcable -- blah blah!!

[angel007]

can i point out that they sent me a copy of the signed application form and not a signed agreement form - just their current terms etc - not signed!! they are bloody liars..

[creditcardmug]

"I would certainly like to dispute them both. I never signed any agreement with Halifax so I know for certain they cannot suddenly produce a copy unless they want to commit fraud! I'm quite prepared and ready for the fight."

 

This from your post 17, if they do not have an agreement signed by you, they would lose in court, if properly defended

 

They may well be correct in saying that they have complied with your CCA request, but it would not stand up in court as is, without your signature.

 

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).

 

 

Im interested in their comments at the end of page one though, i might look into that further, or others will comment, i suspect they are taking the judges words out of context

[angel007]

I signed an application form for sainsburys- thats what they sent me, so how do I respond?

[creditcardmug]

So, do you have TWO different issues running on this thread, if yes that's where all the confusion lies, i suggest you split them up

[angel007]

yes. one with sainsburys and the other halifax - the sainsburys one has a copy of my signature on an application form and the halifax has nothing. Sainsburys sent me the letter this morning which you have read. I have not received anything back from Halifax yet.

[charlie*]

Sainsbury's contract....

 

Under Customer Declaration, line 3...

 

quote............ "as set out overleaf" unquote

 

Does this mean it is enforceable?