halifax cc agreement

[pinky1977]

halifaxcc001.jpg picture by alfiepompom - Photobucket

 

 

 

 

just checking to see if this enforceable like the rest of the rubbish they have sent

 

thankyou

[pinky1977]

anyone?

 

thankyou

[guzzleguts]

Hi pinky

 

Its a poor copy of an application form but i can not see any prescribed terms on there so unenforceble IMO.

 

13. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

14. The prescribed terms must be within the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document

 

[pinky1977]

Thanks Guzzleguts

 

yes it is poor im having trouble reading it now!!

 

the only part they do mention is the period date you would like to pay nothing else is mentioned

 

im really fed up with all their bad copies of agreements they have sent can my husband request to see originals in his local branch?

 

thanks again

[guzzleguts]

You could ask but they probably wont let you.

 

Send them a letter stating that the purported agreement that was sent, is an application form and is unreadable so doesnt comply with your request, so the account remains in dispute until they comply.

 

GG

[maroondevo52]

Hi,

 

Something like this might do...............

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974.

 

I note that you have replied to the above by sending an illegible copy of the application form. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

 

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

Yours faithfully

 

 

Print name do not sign.

 

Regards.

 

Scott.

[pinky1977]

Thanks guzzleguts thats really helpful

 

and thankyou Scott for that letter its already to go tomorrow!!

 

Sarah

[Seasoned Pro]

Hi chaps, I was saying in the "Virgin MBNA" thread that taking these experienced banks on that have their own legal team of experts is hard - I mean, if you try to do it alone.

 

You could end up doing yourself no favours. I read a report on a guy that successfully sued his bank for unenforceable credit on a secured loan, worked on the next case and thought he found a breach, took the bank to court himself again, but it was found to be enforceable in some small technical small print.

 

For the sake of trying to save a few hundred quid, he ended up bankrupt as the total cost went over £40,000 including massive court fees payable for himself AND the bank's costs.

 

It's dangerous doing it on your own. You could easily come unstuck guys and you have no back-up or get out clause.