lee32uk v Halifax One credit card

[lee32uk]

Hi all

I have received a response from Halifax to my CCA request for my Halifax one credit card.

As you can see there are no signatures anywhere either from myself or Halifax, and none of the pages are numbered.It looks like someone has created a word document and just sent it to me

So my next question is wether or not it is enforceable? and if not does anyone have a letter i can send

 

many thanks

Lee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[clemma]

As your signature does not appear on those documents, therefore making it unenforceable, you could send the following letter:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[lee32uk]

thanks for that clemma

[lee32uk]

Started receiving phonecalls from Halifax, up to 5 times a day.Sent them the telephone harrasment letter, and received a reply back saying they would cease all calls for 2 weeks, but that they would start up again if i didnt make a payment

 

Who should i report them to ? as they are really starting too annoy me now.Had 2 more calls today and a couple that i didnt answer.

 

 

thanks

lee

[clemma]

Report them to the OFT, FOS and Trading Standards - infact anyone you can think of!!

[Adelphi1]

Hi lee32uk,

 

Following my CCA request to Halifax One, I have recieved an identical letter to that posted by you, have you had any response to the suggested letter by clemma?

 

If so would you advise the same action?

 

Regards

 

Adelphi1

[lee32uk]

Not had a reply as yet, and from my calculations there 14 days is up on Monday 16th march (The letter was signed for on 2nd march)

 

Would appreciate any more advice on my next move

 

 

thanks

Lee

[clemma]

There is no limit on when they have to reply to the dispute letter. You just have to wait for their next lot of tosh to fall through your door!

[lee32uk]

lol ok thanks clemma

[Adelphi1]

Hi Lee & Clemma,

 

Have you had any further action or information from Halifax as I am about to send off your suggested letter as well.

 

Regards Adelphi :idea:

[lee32uk]

Not heard anything from them since i sent the last letter.No doubt they will be in contact soon :-|

[lee32uk]

Hi everyone

Had another letter today from Bank of Scotland with an ammended CCA.

 

I have circled a few things which i want to query.

 

1) It states that it is a HALIFAX ONE VISA CARD.The card i have is a Mastercard.Does this make a difference?

 

2)Any idea what this date could refer to ? Looks like they scrubbed out part of it, then wrote 23 I didnt sign it until 27th jan 06 so how can this date be earlier ? (Unless they date it before i receive it, and then again after they get it back ????)

 

3)Date stamp is illegible, which seems unusual ??? seeing as the agreement is from 2006

 

There is nothing to link the 2 pages together from what i can see.The agreement below was on one double sided A4 sheet.

My last question is, does this one look enforceable??? and if so what should i do next I havent payed them since january 2009

 

 

many thanks

Lee

 

 

 

[djc]

we have a similiar scenario with the halifax. we became aware that we now have a master card but when we checked our statements we noticed that halifax had phased out our visa card and substituted it with a master card. at about the time of 2006 similiar to your own.

halifax at no time notified us of this change and we never received or signed any additional terms and conditions. but upon reflection this action took place just after the time that halifax merged with bank of scotland.

in our own cca to the halifax we stated the master card acc no and received details from the halifax appertaining to it but we are now cca them for the old original visa account no and now await to see what we receive to that request.

 

have you checked to see if your account number has changed like ours when the visa was phased out and the master card was introduced. it will be interesting as to how many signatures may be available on different account agreements. we only signed up to one only.

 

djc

[lee32uk]

Hi djc thanks for the reply

 

Im not sure if the account number changed with the new mastercard.I will have to see if i have any old statement knocking about.

I was thinking along the lines of only having one agreement for 2 seperate cards i.e visa and then mastercard and if it would make any difference

For all i know the new card could well have had a different interest rate to the old one.Surely they would need to send a new agreement, and i certainly dont remember signing more than one.

 

 

cheers

Lee

[djc]

lee

we must admit that we have kept every single one of our statements. but until we received the customery application form from them and the terms and conditions that were dated 2006 not 2003 when the credit card account was taken out that we started to dig a little deeper and noticed for the first time that the original visa account number had been changed with the introduction of the master card. hence we have now started again but this time requesting the original account number.

 

we expect to be in a position to challenge this agreement as we have not signed twice therefore we believe something fishy is about to come to the surface. we will let you know of the impending outcome.

 

djc

[lee32uk]

Wish i would have kept all mine now.Oh well they say ignorance is bliss

 

Im sure i can find one old statement....i found an old RBS one from 2005, so there is hope yet lol

 

cheers for the reply, and i will keep my eye on your progress too

 

 

regards

Lee

[panty54]

subbing

[lee32uk]

Anyone any views on the revised cca sent to me in post 12 ?

 

many thanks

Lee

[lee32uk]

Can anyone help me re post number 12 please ??

 

thanks

[clemma]

I would say it is enforceable as the prescribed terms are all there. I am not sure about your question re: visa/mastercard though.

[lee32uk]

Thanks for the reply clemma

 

Not really sure what to do next.I haven't paid Halifax since January and can't afford the minimum payment now

Anyone know if Halifax take people to court ? or are they more likely to pass it round DCA's

 

Any more advice will be greatly appreciated

 

 

thanks

[lee32uk]

Just been told today at work that we will all be going on a 3 day week due to the recession, so i will be losing virtually half my wage

Does anyone know the stance Halifax take with regards to court action for non payment?

There is no way i can pay them at present....not sure how long this short time working will last

 

thanks

[clemma]

You could always try sending them letter A from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[lee32uk]

Hi all

 

Received a Default Notice this morning from Halifax I am pretty sure that they have made a mess of it, as they are not allowing me a full 14 days.The letter is dated 24th April, but I only received it this morning.

 

They sent me what appears to be a valid CCA (Post 12)

Unfortunately I cannot afford to pay the minimum repayments, as I have been put on short working hours at work.I was going to write to them offering a reduced payment, but with everything else going on I haven't got round to it.

 

Is it still worth offering them a reduced payment ? and what should I do about the Default notice ?

 

Thanks

 

 

 

[clemma]

It's definitely a dodgy default notice - keep that envelope it came in as well! Hopefully someone else will be along to give you further advice.