halifax credit card agreements

[winkyland]

hi i have just registered wanted advice on halifax cca, applied for cca in jan and wrote letter to say account in dispute as of 11t feb 09 and have now stopped paying card is a classic visa card taken out in 2003, got phone call from halifax on friday to say received my letter and that im not allowed to put a account in dipute. i asked why my cca hadent turned up lady said its been requested but theres some problem finding it and they will keep carging me interest and i will get missed payments on my credit file if i dont keep up repayments even though its in dispute what should i do next:)

[clemma]

I have asked a mod to move your thread to a more appropriate place where you will get the answers you need

[clemma]

Sorry - just noticed you have sent the dispute letter. They know full well they can not add charges and interest whilst the account is disputed. Next time they call, tell them "writing only" and hang up on them.

[winkyland]

thanks clemma, they added the interest and a late payment fee after the account went into dispute so can i do anyting about that or do i just wait and see what they do next i take i should not make any more payments cheers

[clemma]

I am not 100% sure on this, but as they are NOT able to charge interest or apply charges whilst account is in dispute, I would say that you could claim this back. They have no agreement, therefore no terms and conditions related to your account which means they can do NOTHING. I will see if there is a letter kicking about for you to send.

[clemma]

I think this letter may apply to you - have a read through it:

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

[winkyland]

cheers clemma, i will send off that letter.

 

ive been researching about this on the internet and noticed those companys offering this service to me for a fee up to £500 of course i didnt take them up on this but they claim they can write off the debt and then reclaim all your payments and interest do you know if anyone has had their interest and payments back or can you just dispute the account and stop making payments cheers:eek:

[clemma]

You can't claim back previous payments as the courts would see that as "unfair enrichment" (or something like that). As for interest and charges added AFTER the account is in dispute, then you should be able to as they simply CANNOT do it (I don't know how you would go about this though).

 

As for stopping payments - as they are well passed there allowed time to comply with your request, then the simple answer is YES. You do not have to pay them until they produce a valid CCA

[winkyland]

the other query i have is now that my account is in dispute what can i do about halifax registering missed payments on my credit file or a default notice and can i get the details taken off my credit file as at the moment it doesn't show any missed payments cheers:lol:

[winkyland]

does anyone know if halifax are reliable at replying to letters i havent heard anything from then except a standard letter saying ive missed my minimum payment and must contact them to arrange to make the payment, they haven't replied to my letter saying account in dispute they just phoned me saying theyd recieved the letter and im not alowed to do that and i must make the payment or they wil ladd more charges and my credit rating will be affected and i won;t be able to get credit in the future cheers:-|

[davey77]

Halifax are appalling at replying to letters. And their inhouse debt collection dept Blair, Oliver and Scott never reply to anything. They only send standard template letters.

 

Don't get into conversations with these people over the phone. You have no proof of anything they say (which will usually be inaccurate to say the least.)

Just state that upon Legal Advice you do not discuss financial matters over the phone but in writing only, then hang up!

 

If you have sent clemma's letter (post 6) then sit back and see what they say to it. In the mean time, if they are over the allotted period to reply to your statutory request then send a written formal complaint to your local Trading Standards and ask them to investigate a breach of the CCA1974.

Edited February 27, 2009 by davey77

[winkyland]

suprise, suprise no response from halifax at all except several missed calls on my mobile, i offered them a settlement offer on this account a few months ago before i cca'd them and got a one sentence reply in the letter and i quote 'hbos do not accept settlements on credit card accounts'

well they can say i didn't try,

[davey77]

Their loss then eh!

 

Complain to the OFT as well as TS about the lack of CCA. It all helps:

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[winkyland]

letter from halifax yesterday just saying thank you for your comnplaint sorry youve found reason to complain and they will need 4 weekss to investigste my comnplaint

[winkyland]

got 3 more phone calls today from halifax didnt answer, but no response in writing

[winkyland]

nothing from halifax exept plenty of phone calls havent answered, is there anything else i need to do

[davey77]

Have you complained to TS/OFT?

[winkyland]

not yet,

i have just opened the post to find a letter from customer services enclosing a 'copy of my previously signed application form' only olne page photocopy and very badly copied no details of interest rates or limit or even which card it is.

 

also at the bottom where the signatures and dates are writeen thers something funny about the handwriting because i ave very bad handriting and have all my life but the handrittten date next to my signature exactly matches the handwriting of ther date writen below by the member of staff at halifax and the handriting is to neat to be mine so theres no way i wrote that date on there as i couldnt write that well if i tried.

and although there is a signature in my box i am unsurwe that it is my handwriting as i say my handwriting is very bad and most people cant even read my writing but the handwriting on this form is very good andwriting any advice on how to proceed?

[MarkedCard]

I would scan it and then post it up (blanking out all personal details) and let some of the experience people have a look at it.

[winkyland]

i might not be able to as the copy is very poor and it might not come through very well but i will try isn;t it soposed to have the credit limit and interets rate deatils mine just has details on how to cancel and other info and i cant tell if the signature is mine because its very poor

[winkyland]

further to my last post the one page documnet i have says at the top that its an 'application form' and not actually a credit agreement

[clemma]

If none of the prescribed terms are there and it is simply an application form, then send the following letter:

 

DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[winkyland]

ive also received more paperwork today on this accont firstly my terms and consitions. and secondly what is titled as 'credit card agreeement regulated by te consumer credit act 1974' but has clearly just been printed off the computer and had my name and adress added because it is supposed to be my original 2003 agreement but is in perfect condition obviously just edited and printed off the computer because

it has my current address on it and i didnt move into my current address till over a year after taking out the card lol. also it has my current interest rate on it not my original, and says that the charges are £12 funny i though they reduced them in 2007 lol

 

where it gives me the option to sign and date there is just a blank box with no signature lol so it is an unsigned credit aggreement they are genius's at halifax arent they lol!!!

 

secondly is a document titled 'halifax credit card-conditions of use'

this also is obviously a new document printed off the computer a few days earlier but this document has different details on it it has my 2003 address umm a different apr rate to the document above 17.9% this time the default charges are listed as £20 not £12 as above umm! it just goes trough general terms and conditions of the card and a right to cancel but there is NO OPTION TO SIGN ANYTHING AND NO REFERNCE TO ANY DATE UMM!

 

so to sum up there is no reference to any date on the pperwork and no signature on any of it except the one page application form received yesterday which funnily doesnt appear to be my handriting umm like i said before genius's working at halifax yep

 

oh yeah theyve stopped phoning me now and have started texting me asking me to phone them regarding my account.

 

advice please

[davey77]

Sounds like just updated T&Cs an a new agreement. The signature document is the important one and so from skimming through your thread doesn't look like they have the proper document.

 

They have probably complied with section 78 in so doing, maybe. But if you have sent the letter as clemma suggested then wait and see what you get back.

 

In the mean time take a look at this thread and consider the CPR letter route:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[winkyland]

i sent clemmas letter a few days ago, nothing back from halifax regarding my complaint, but have received another very bad copy of the 1 page of an application form mentioned earlier with the dodgy signature. i have wrote to the guy re the formal complaint and advised him i am concerned that my signature may be forged.

 

halifax have started putting missed payments on my credit file i take it i cant do anything about that