Halifax CCA is this right help please

[julian1968]

I have today received a reply to my CCA made to my Norwich & Peteborough credit card (which is supplied by Halifax)

 

Halifax have replied although I applied to and have conducted all of my business with N&P, but it states on the statements that the card is supplied by BOS (guess thats not really important)

 

Anyway, The letter back is not a signed copy of my application rather it is a covering letter stating things such as balance due, blah blah (Ill take a pic and post it here later today

 

Also included are two copies of a Credit card agreement regulted by CCA act 1974 (these are not signed and are just print outs) Do I need to upload these?

 

I don't remember how I applied for the credit card and whether I signed or online application but I am thinking I should apply

 

I dont have PPI on this account and I want to see if the agreement was properly executed

 

Im thinking I should send for original signed copies after reading this thread

 

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

 

But as I do that, I would just like your opinions

 

Thanks

[julian1968]

Here is a copy of the covering letter from Halifax

 

http://i550.photobucket.com/albums/ii434/urbancolour/Bank%20Claims/Halifax_norpete_cca_reply.jpg

[julian1968]

Anyone

[gwyther]

Hi

 

My understanding of the CCA is that they have to supply you with a copy of it if they are going to rely on it in court.

 

I am sure someone will correct me if i am wrong.

 

When did you send your first letter and have you got proof you sent it?

[julian1968]

Hi Gwyther

 

I wasnt sure how I had applied, online or in writing, But I guess if they have an internet application this would show the tick, and they would have provided that. They havent

 

My first request for copy of CCA was 6 Jan and the 12 days allowed for reply was due 20 Jan and yes I sent it recorded

 

28 Jan, I have now sent a request (not under s.77/78) for true signed copies as is allowed to assess whether I have a claim. I have asked for this by return

 

Thanks

[julian1968]

I have now received my original signed application from Halifax which does have my signiture on it

 

However before I bring this thread to a close I notice that they have only sent me pages 4 & 3 out of 8 pages

 

Also, the agreement is signed by me but directly underneath my signiture is a line for "on behalf of Halifax" to sign and date. This has been left blank

 

Do the above items have a bearing on the correct execution of an agreement?

 

Thanks

[julian1968]

I have now received my new credit card from Norwich & Peterborough today as my last one (with correct agreement) ends in Feb

 

This new card has come with just terms and conditions and no signed agreement. Arnt they now playing into my hands in terms of not having an agreement for this card?

[julian1968]

Hi all

 

I have had a thread going but dont seem to be getting much response so thought I'd ask this question here

 

I have just received my new credit card from Norwich & Peterborough (Band of Scotland) This card comes just with new terms and conditions and so has no signiture

 

Isnt this effectively now an account with no enforceable agreement?

 

Thanks

 

Link to thread below

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/180594-halifax-bos-norwich-peterborough.html

[julian1968]

Hello

 

Here is an image of a cca I have received from Halifax (Norwich & Peterborough) for a credit vard I have with them

 

http://i550.photobucket.com/albums/ii434/urbancolour/nor_pete_cca2_use.jpg

 

When I first applied for this I did so using a template from this forum and received just a copy of terms, not an actual copy. I applied again using a pre action template and this copy arrived

 

I have read the forums and I am still unsure whether the terms of the agreement are correct

 

Also, I have now received a new card from them with no agreement at all, isn't this wrong on their side as each new card should have a new agreement?

 

Thanks for your help

[julian1968]

I have deleted the first image as it was missing some info, here is the updated image

 

http://i550.photobucket.com/albums/ii434/urbancolour/N_P_cca3.jpg

 

I have also noticed that the sheet states it is page 3 of 8, should the other 7 pages not have been supplied also?

 

Thanks

[genjix]

[babydoll0141917]

You have left ya name and address on ya postin i suggest you remove it ..

[julian1968]

OOps will do thanks

[julian1968]

Revised image

 

Got there in the end

 

http://i550.photobucket.com/albums/ii434/urbancolour/N_P_cca4-1.jpg

[babydoll0141917]

Aww bless you need to delete post 3 coz ya addy and name still showing ..i had the same CCa has you for my aqua card issued by halifax..also only had pages 3 and 4 nothing else ..ive yet to add mine on cag so they can tear it apart lol

[julian1968]

Can anyone help with this please

[julian1968]

Hello all

 

Don't you just love reading these forums at silly o clock when normal people are asleep

 

Anyway, back to business. I have posted this in other areas but seem to be getting no response, maybe because it's in the wrong section.

 

I have had the following cca sent to me from Halifax, On the face of it, it is not signed by Halifax at all, which, weak as it is for a claim is so far my only route, and Im thinking at this point of an end solution of F&F settlement.

 

http://i550.photobucket.com/albums/ii434/urbancolour/N_P_cca4.jpg

 

However, the page I have posted here is page 3 of 8 with the other 7 not being supplied to me

 

I am not really sure if the prescribed terms are correct on the sheet they have sent, could someone just take a look and comment for me please?

 

Also, I have now received a new card from Norwich & Peterborough but no new cca at all, which Im sure I should have received one for signing for continuity. And so with no new agreement, is the agreement now unenforceable?

 

Thanks for your help

[clemma]

The CCA is enforceable. As you have said, their lack of signature makes for a very weak case, so I would try and offer them a full and final and see where you go from there.

[julian1968]

Thanks Clemma - What sort of percentage would be a ball park figure for this?

[julian1968]

Just a thought

 

What about the fact that the lender has sent me a new credit card and not asked for a new agreement to be signed

 

I can't find it now, but I'm sure I read here that a renewed card with no new agreement also is in my favour for negotiation

 

Thanks

[julian1968]

bump

[julian1968]

Hello

 

I'm sure I have read something on the following but I can't find it anywhere

 

I have been issued a new Halifax cc after my old one expired

 

I have had no new agreement to sign and I'm sure this makes the agreement unenforceable

 

Have I just made this up, or is it for real

 

Thanks

[yourbank]

Has it got the terms and conditions on the bit where your card is stuck to, if that makes sense?

[julian1968]

yes it has, although not signed by me

 

also there is a section that states

 

1 PARTIES - This agreement is between bank of scotland and (then it should have my name and address, this is left blank... does this matter?

 

Thanks

[nicklea]

It's the same account, just a different card number so a new agreement isn't required. The reason they send you a copy of the agreement is s85 CCA