CCA reply from Halifax, dubious?

[jaystar2020]

Hi All,

 

Sent my CCA request to Halifax 29th December 08. They replied to me today with a letter dated ...

 

272th January (!)

 

The letter-

outlines in point form the account balance, credit limit, current interest %, arrears (incorrect), etc.

Finally -

'Please note that the information we have provided you, etc, Sect78 of the CCA. We are not required to provide a copy of the original, etc'

K Mitchell

pp

Anne Gartshore

 

They have included fresh printouts of undated and unsigned Consumer Credit Card Agreements, however the earlier, judging by an '/07' code on the rear, is between

Bank of Scotland and 'mis-spelt last name'???

 

I have replied with the following letter, however I hope anyone here might suggest whether this is accurate, or recommended?

ACCOUNT IN DISPUTE

 

Ref: KM/CCA S.78

 

Dear Sir/Madam,

On 29 December, 2008, I made a formal request for a ‘true copy of the credit agreement relating to the above account’ under Consumer Credit Act 1974 s77/8. You have failed to comply with this request, and as such the account entered default on 13th January, 2009.

 

According to the Consumer Credit act,

‘78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it…’.

 

Further,

 

 

• the documents you have provided are undated – I am unable to determine the repayment amounts, etc, relating to the Agreement as such,
  
• one bears the name of someone other than myself - as this is the original agreement, I myself do not acknowledge any debt to your company
  
• Your communication ref: KM/CCA s.78 - ‘as at the date of this letter’ refers to the date of 272th of January – this renders the statutory information worthless and non-compliant with my requests.
  

 

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, you:

* 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.

 

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

 

I hope that you will honour my request for a copy of the original signed Agreement, and would appreciate your due diligence in this matter.

I look forward to your reply.

 

Yours sincerely,

 

Jaystar

 

 

 

 

Have they actually complied as they state, or are they doing some wool-pulling? Apart from their effort being a bit shoddy, that is...

 

 

 

Many thanks

 

 

J

[Chris_w]

they are pulling the wool because they and many other credit organisations didn't expect to need to keep accurate records. Their reasons beeing it's to expensive to store and manage them. In my oppinion they have not got a copy of your credit agreement, and now it's biting them in the ar*e.

 

The letter looks fine to me

[jaystar2020]

Thanks for the help Chris_w,

 

The Application form has been requested.

It was only taken out in 2007, and I hope I'm right in requesting the actual document.

 

Am still laughing - that the t's and c's have my name misspelt, so erm, that contract will be with me, eh? Not...yay!

 

Thanks, will await.

J