halifax cca enforceable?

[LG29]

hello i just got my cca back from the halifax and just wondered if anybody could tel if it is enforceable or not,

 

 

thank you

[theladyknows]

It is hard to know if you have deleted parts such as your signature halifax's signature ect. It does also say on the bottom page 3 which begs the question what about page 1 and 2.

[LG29]

Hi.

it says on top of page 4, complete pages 3 & 4 and post back. page 4 is Address etc,

It hasn't been signed by them.

[aj84]

This is exactly the same as my own

But from what I remember, it was sent to me after being approved for me to send this copy back to them

And then it would have been signed by then?

 

Who knows but a scanned copy I have is exactly like the above with my signature and not theirs

[ukmp3]

As long as you have signed it it's valid.......

[davey77]

The best thing to do is request the other pages referred to if you don't have them. You are entitled to ALL parts of the agreement.

 

Looks like Jan 2007?

 

Improperly Executed without the Lenders signature therefore only enforceable with a Court order, although not the strongest argument to have I'm afraid unless other major errors can be found.

[LG29]

 

Hi, hope some one can help, I wrote back to Halifax asking them to send the missing pages, they have replied by closing the account,and saying that I must continue with payments till cleared, this account has been kept up todate, so it wasnt in arears.

Having a closer look at the agreement, in 3 Other financial information.it states about the total amount of credit, it doesnt seem to me that this is right, the card was taken out in Jan 07 and the credit limit now is £9,500

 

Any advice on this is much appreciated.Thanks

[davey77]

Have a look at my thread which may give you some pointers on how to proceed:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/186913-davey-halifax-bos-cabot.html

 

If they have closed the account as a form of punishment (with no arrears) then that kind of behaviour is totally unacceptable. Send a written compliant to your Local Trading Standards dept and inform them you have been purposefully disadvantaged by their (Halifax's) actions and ask them to investigate.

 

Under the Banking Code, banks are only allowed to close your account down if the relationship between it and you has irrevocably broken down. The example given by the Code includes threatening and abusive behaviour (Section 7.5 of the Banking Code). The banks must still give you 30 days notice.

 

I don't normally advise people to go to the FOS (as they will not help you in regards to getting an agreement of any kind) but.. if you want to cost Halifax £500 (the charge the FOS make for investigating a complaint) then you would complain to the FOS that Halifax have closed the account as a form of punishment towards you and without justification. Only ask the FOS

to look at the premature closing of the account and the missing pages aspect.. not the enforceability of the agreement.

 

The agreement is Improperly Executed and has missing pages therefore:

 

Section 78(1) CCA1974:

 

“shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”.

 

The credit limit changes after you start using the card often therefore would/should be on updated agreements. They probably have those but it's worth asking for them as well.. gives them something to do.

[LG29]

Hi Davey,

Thanks for reply,Halifax reason for closing account was because of our current finanical position, and have given 30 days even though we had kept up all payments,that is until now! they still havent sent copies of missing pages,I think I should write and tell them that the account is in dispute. what do you think? thanks for all your help.