Halifax CCA ??

[roadsteruk]

Hello,

 

Halifax decided that although i was paying without fail for one year on an interest free basis that they would now charge stupid interest, which basically i cannot afford now.

I sent a CCA and i got the following back after the 12 plus 2 days limit.

Could somebody take a look to see if this is enforcable ? 2 pages stapled together..............

thanks so much

[PGH7447]

sorry cant read em,

[roadsteruk]

Sorry, i will try again , i hope this works!

 

thanks

 

 

 

[PGH7447]

Not seen one like this before, but I would say that it is kosher, but hopefuly someone will prove me wrong

[roadsteruk]

Thanks, does anybody else have an opinion on this one or seen one like it?

thanks

[PGH7447]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162635-problems-halifax.html

 

similar agreement here

[guzzleguts]

Hi PG

 

Would it only be enforceble if pg 2 was on the back

 

GG

[roadsteruk]

Thanks for the link , mine is just the same , looks like a long process is ahead of me...............

[babydoll0141917]

Hi we all have alot of these CCAs,,but we all have diff things printed on the back ..and yep its a very long road ahead

[roadsteruk]

Have Halifax tried to enforce any of these in court ? Mine has nothing on the back they are two seperate pieces of paper.

thanks

Edited February 21, 2009 by roadsteruk
more info

[babydoll0141917]

Hi a cager on here called wilko999 was taken to court over this CCA and lost his was printed on the reverse tho like most of ours are ,,i did send for mine twice the 2nd time the reverse did come on a different sheet of paper ...mmmm I think wilko is the only one that i know of that has been to court..alot of the others have been sold on ..mine is still with the halifax ,,but if it ever does go to court i do have a invalid DN ,,i havent payed halifax for a yr..i think if they did have any ace cards up their sleeves why havent they used them yet

[roadsteruk]

Ok, well i have no assets anyway regarding your invalid DN , can i ask why it is invalid , I also have a DN from Halifax.

thanks

[lunar jim]

Hmm, it has the prescribed terms but can you determine whether picture two was originally on the back of picture one when you signed it? It's hard to say, maybe there is stuff which didn't show up in your scanner, like fold marks the photocopier picked up, or can you see reverse print on image 2 etc.? Does it look like a photocopy of a photocopy, ie they have destroyed the original and kept a copy, or a scanned image?

[babydoll0141917]

Good point lunar...

 

roadsteruk...my default notice was in jan 2008..was only giving 7 days to pay ..they didnt allow for postage so i only had 6 days to pay...the 7 days changed to 14 days..so either way its invalid:)..i have no assets either and live in rent accom,,haliprats can pick the bones outta that if they wish

[roadsteruk]

Hi Yes good point ! actually i cannot tell but the shape and size of the terms are much smaller suggesting it could not have been printed A4 size on the back of the original? Also there is no connection between the two sheets , ie terms and conditions overleaf , or page numbers , nothing......

 

Can anybody remember when signing this sort of agreement if there was anything on the back ?

 

thanks

[lunar jim]

I can see a situation arising in court where the CC/DCA pulls out an original two sided document (application form on the front and the prescribed terms on the reverse), but the defendant has believed this to be two seperate documents (viewing their application form as an unenforceable agreement) and their defence is ruined because of this.

 

Surely there must be a way of forcing the CC company/DCA to declare the nature of the document, maybe under CPR pre-action protocol?

 

I'm in a similar situation with NatWest so I'd be interested in finding out how to take that forward!

[babydoll0141917]

Surely if these documents were front and back then wouldnt there have to be some sort of reference to say the perscribed terms are on the back..IE overleaf , PTO ,page numbers etc,,..and no road thats the trouble none of us can remember if we had anything on the back ..mine was in 2001 brain isnt has good as it use to be lol

[roadsteruk]

Hi, Also you would have thought they would produce more proof that it is enforcable before court in order to get some payments ? I have sent them a letter to produce an orginal i can view in a Halifax branch, lets see....

[babydoll0141917]

Morning ....Its worth ago asking to view at local branch..But i think you may have along wait ...Kennyruss another Cagger did the same that was a few mths back and they have totally ignored his request...he has the same app/agree as me with terms on the reverse..if halifax were that confident why not just let him view it at the branch then if it enforcable then he could start paying them,,IMO as i have said before on other threads i havent payed them a penny for a yr ,,and if they thought they had ace cards up their sleeves why havent they used them yet,,