halifax credit card agreements

[winkyland]

further to last message i have received a response to my formal compliant letter just says that they havent resolved my complaint yet and will require a further 4 weeks to look into it, also received standard remionder advisding i have now missed 2 payment s and must bring account up to date

[clemma]

Just file under ignore for now

[winkyland]

received response from complaint basic letter telling me they have done everything i asked and that i should bring my account upto date and they can see no evidence they have done anything wrong and that is my compliant delat with. funnily when i went online to check my balnace my account now has a message saying it is on hold pending a dispute resolution odd

[davey77]

They just haven't got around to updating your online account with their latest response. (Left hand doesn't know what they right hand is doing.)

 

Problem is that by supplying you the other junk (unsigned) they can most likely get away with stating they have complied under section 78.

 

I would still complain to TS as a matter of course anyway even though what they can do may be limited.

 

If the application form they are saying is the 'agreement' is very poor quality and in part unreadable then you could argue they have have failed under section 78:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(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 ."

[winkyland]

no more phone calls or letters from halifax online account still says on hold so wait and see

[winkyland]

im advised by halifax account on hold for 4 weeks so that they can send me my credit card agreement and then we can come to a amicable arangement so i wonder what that is?

[davey77]

"amicable arrangement" hmmm could just be trying to lull you into a false sense of security but you never know

[winkyland]

there 4 weeks runs out this coming monday checked online today account still listed as in dispute, but they havent charged interest on my account this month they usually do on the 11th or 12th but it just says the same as last month that payment is due by 6th april no charges either this month unless they haven't updated the statment because of the bank holiday

[cuidad]

Hi,

 

I have a similar issue with Halifax not providing the Executed Agreement (a copy of your signed agreement with the key facts).

 

I have found over the past 2 years that the CAB & CCCS encourage you with the banks interests soley at heart, I.e. you simply have to pay.

 

Their actions really got me down and I payed the excess charges for 2 years, put up with regular weeks receiving 5 phone calls per day from Halifax, then in November I quizzed them about these companies proporting to wipe the debt and was told "we would only wipe the debt if you had cancer" this prompted me to get CCA 1974.

 

I finally spent an hour reading the CCA 1974 and asked for my excuted agreement.

 

Here are the letters I sent:

 

 

Blair, Oliver and Scott Limited

PO Box 66

Rosyth

Fife KY11 2WG

 

January 2009

 

YOUR REF: xxx/xxxxxxx

Re: Consumer Credit Act 1974

Dear Blair Oliver Scott,

1. The Consumer Credit Act 1974 stipulates that a company is required to hold a licence to issue credit. It is a criminal offence to offer credit without a licence issued by the OFT.

Please provide a copy of the licence issued to Halifax plc valid on date of agreement.

2. The Act also stipulates the a debtor is to be provided with “copy of the executed agreement” upon request.

Please supply the signed agreement, as requested in telephone conversations on xxth January 2009 & xxth January 2009 and requested formally in this letter, within 14 days.

There is no mention in the Consumer Credit Act 1974 that a debtor should issue the sum of £1 to obtain a copy of the executed agreement therefore the sum of £0.00 is enclosed.

Please also note that future medium of communication, other than written, will be ignored, are unsolicited, and therefore hence interpreted as canvassing off premises as per the Consumer Credit Act 1974.

Regards

___________________________________

received a reply on 2nd April - enclosed a word doc with my name on, no signature & references to law in 2004 & stated they did not have to send me the agreement.

___________________________________

 

Halifax

PO Box 718

Leeds

LS1 9GB

 

xx April 2009

 

Complain Ref: xxxxxxxxxx

Re: Consumer Credit Act 1974

Dear Halifax,

In response to your letter dated xx March 2009, received xx April 2009, please note that:

1. The Consumer Credit Act 1974 stipulates that a company is required to hold a licence to issue credit. It is a criminal offence to offer credit without a licence issued by the OFT.

2. The Act also stipulates a “copy of the executed agreement” is to be provided upon request.

If I may draw your attention to 11.2 of the document you state is the executed agreement which was enclosed with your letter of quotations from the Consumer Credit Act 1974 and highlight that an agreement you state was made in January 2002 cannot detail regulations drawn up in 2004.

 

The printed document received on 2nd April 2009 is clearly not an executed agreement instead it appears to be an agreement post-2004 to which my details have been added, nor have Halifax plc provided a copy of credit licence valid on that date.

 

I put it to Halifax plc that the document in my possession, which Halifax plc have provided as the executed agreement, is a fabricated example of a credit agreement demonstrating breach of the Consumer Credit Act 1974 and is nothing less than fraud.

 

Your letter also states, in paragraph 3, that you have no legal obligation to provide a signed copy of the agreement, when, in fact, section 78 indeed states that you must.

 

Many thanks for confirming in writing that Halifax plc will not provide the executed agreement.

 

I will make no further response to Halifax plc or agents of Halifax plc, and any correspondence with be returned to sender.

 

I trust that this brings the matter to a close.

 

Regards

 

 

___________________________________

keeping B.O.S. in the loop:

___________________________________

 

Dear Blair Oliver Scott,

Further to your letters dated xx Feb 2009, xx March 2009 and xx March 2009 I enclose a letter to HBOS in response to their letter received 2nd April 2009.

Halifax plc has refused, in writing, to provide the executed agreement which is a breach of article 78 Credit Consumer Act 1974 and also confirms no agreement exists.

I regard this matter as closed.

Regards

______________________________________

 

 

If they cannot provide you with a copy of your signed agreement it is because no agreement exists.

 

If you receive an agreement which the signature looks like they (Edit) a bad copy that is because they (Edit) a bad copy.

 

Credit card companys charge excess amounts, will tell you any lie to make you pay and should be treated like unlawfull loan sharks.

 

If they take you to county court then tell the judge that you want to see the piece of paper which you signed because that piece of paper is the only enforceable document.

 

Until you see that you simply are not required to pay.

 

I was also told by a old work colleague with 15 years management experience in banking archiving that most of the US credti card companies, unwritten by Bank of America, scan the agreements (standard practice for years in USA) and destroyed the originals, therefore leaving UK pre 2007 agreements null and void. So few people know the terms of the CCA 1974 that they continue to pay.

 

How true this is I don't know. I would like hear from anyone who has been sent their executed agreement!

 

I should hear back from B.O.S. & H.B.O.S. (looks strange when you write it like that doesn't it) soon, and will post an update for the benefit of others in a similar predicament.

 

 

 

Thanks!

Edited April 18, 2009 by maroondevo52
Removed libelous comments

[JIG]

Hi All,

 

My wife has a Sainsburys card which is in effect Halifax Bank of Scotland.

 

I have CCA'd them and they have responded with the following;

 

'I have enclosed with this letter a copy of your executed agreement, a copy of your current T&Cs and a signed statement of your account.

 

The copyof the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("the Regulations"). Regulation 3(2)(b) provies that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients(???) signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.'

 

They then go one to say that they have satisfied their obligations.

 

There are no dates or signatures, but lots of pages which is a copy of an agreement but does not mention anyones name.

 

Can someone with advise on the nexxt steps or letter. many thanks

[winkyland]

letter from halifax again advising me they have complied wth my request for cca but my account is going to continue to be on hold now for a further 28 days from 20th april umm

[JIG]

Hi All,

 

My wife has a Sainsburys card which is in effect Halifax Bank of Scotland.

 

I have CCA'd them and they have responded with the following;

 

'I have enclosed with this letter a copy of your executed agreement, a copy of your current T&Cs and a signed statement of your account.

 

The copyof the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("the Regulations"). Regulation 3(2)(b) provies that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients(???) signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.'

 

They then go one to say that they have satisfied their obligations.

 

There are no dates or signatures, but lots of pages which is a copy of an agreement but does not mention anyones name.

 

Can someone with advise on the nexxt steps or letter. many thanks

 

BUMP.... sorry as I do know that all experts are busy reviewing other posts , any advise please as we are starting to panic about leaving my responses too long.

[davey77]

JIG, have you got your own thread on this?

 

It's the usual gumpf from these people so wouldn't panic.

[Fingers60]

Hi Jig

 

Look at this thread as someone else is at the same stage as you..it should help but as davey said ...its the usual gumpf...would be good to start you own thread also

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/196049-cca-halifax-card.html

 

Fingers

[JIG]

Thanks Fingers have linked into the Halifax thread as suggested.

[winkyland]

update regarding my halifax credit card lots of phone calls telling me i must pay etc and letter saying i have missed 3 payments in a row now but stil not supplied a cca, I was phoned last week and had a interesting converastion with collections dept aparently the forged copy of my signature which is on the dodgy copy of an application form is ok becasuse rthe customer xcare department said to collections that if they cant find a signed cca from me but they beleive i have signed one in past they can make one up and forge my signeature ebcasue they belive that i have previously signed one, so now they will continue to try and colect on my account and the guy warned me they will be issuing a default notice if i don't pay up within 6 weeks any advice? surely this can't be right?