Halifax Credit card CCA

[Fingers60]

hiya fingers

 

wondered how you getting on with this one?

 

hope you are well

 

catch up soon laters angel x

 

Hey Angel

 

Hope you are well !

 

Mixed at the mo. I met with my lawyers this week who said they were not prepared to take my case forward on a Conditional Fee Agreement because:

 

-they said they have seen loads of Halifax credit agreements fro 2002-2003 and it is their absolute belief that the first section of Halifaxs T & Cs (containing the prescribed terms) were in fact actually on the reverse of the original credit agreement i signed

 

-they also said that they felt that in court, Halifax could turn up with a blank credit agreement and witness statements to state that t & Cs would have been on the reverse

 

I put my case to them that:

 

-t & cs photocopied on the back of my credit agreement were completelt disproportionate in size

-no reference numbers linking the front and back page

-small print says that "i sign to say i had received t & cs" implying that t & cs were not on the reverse and in fact in 2 seperate docs

-i actually took a copy of the original credit agreement that i signed....prior to sending back to halifax..and i didnt recall t & cs were on the reverse...and that i actually woud sign a witness statemet to this efect

-quoted Mitchell vs HBOS june 09 and the similarities in the case

 

They think the agreement hali sent through is enforceable...and i disagree...the fact is though is that their firms attitude is they are not prepared to take the risk on a no win no fee basis.

 

Difference with me is i am still paying min payments on my card , never missed a payment....and taking the proactive approach or the fight to halifax does not seem like it can work....if i didnt value my credit file i wud av stopped paying long ago...and would let them take me to court with their agreement...

 

Any thoughts guys?

 

All the best

 

Fingers

[HP Mum]

Just a thought from a different perspective.

Please see my thread:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/232368-urgent-help-needed-halifax-new-post.html

 

I did nothing, stopped paying and just waited to see what would happen. My agreement was from 02.

No S78 requests, no SAR, no pro-active CPR 31.16.

Then I got a claim form and CAG helped me fill it in. Follow the thread to see the process.

Then I issued a CPR 31.14 and CPR18 off the back of them starting the legal process.

I am not sure what happened at their end - whether the agreement was unenforceable or whether it was potentially too much time, effort and money - but they gave up and wrote the card debt off.

My growing feeling with all these card debts is that it is best for them to start the legal process off, rather than you being proactive.

[diddydicky]

solicitors only really want cast iron dead certs- DIY

[angel_1]

hiya fingers and all

 

im fine thanks just loads happened in the past 6 months, and back to deal with stuff in a more efficient manner now lol

 

i have to say that from learning each day a little more i am of the opinion that you have to do whats really best for you and your family

 

i came to realise that yes whilst my credit file is important for me, by the time id looked at remortaging which was my priorty thought, it was not that important as ive fixed my mortgage on a rate that is reasonable acutally the same as the svr and just paid 125.00 to fix it, whilst if i had to move to anothe lender would have poss ended up paying fees etc and my credit file would have had to be almost perfect

 

so for me and my family im not having any more credit,from banks, but im involved in my credit union so if i need a loan with my savings there in an emergency i know im able to and i can plan the payments too in a better way for me ie pay the minimum and pay more when i can without being penalised and the quicker paid off less interest paid

 

perhaps you have to look at it in another way like hp mum and diddydick say - diy and do the best for you and your credit file

 

mine is shot to pieces so know that for now i have to get to a decision by reaching the best resolution for me and family

 

have a real hard think and hope you reach the best solution for you

 

have a fun and sunny day laters angel x