Aqua halifax credit card

[UnmoderatetheNet]

Don't lose your rag.

 

He/she HAS NO LEGAL RIGHT TO BE THERE.

 

NONE.

 

ABSOLUTELY NONE.

 

That is the point that people need to understand they are not employed by the court they have the same rights as you and me, well of course they are lower forms of life but you get my drift.

[debt4get]

i wouldnt worry so what if they turn up? they have no rights.. tell em to do one..they cant force you to pay...impound your goods..take you to debtors prison...etc etc...in fact i laugh at em if they knock my door

[phil_nottingham]

right recieved another letter from these morons today , despite sending them the letter telling them they would be trespassing if a colector turned up , they now state immediate payment required or a doorstep collector will call , how now do i respond ?

 

Ring them and ask them what day so you can have your doorstep cleaned and polished for them!

[debt4get]

ignore em...whats the worst they can do...knock knock..is that mr/ms spidey41....yes..oh and by the way go away very quickly or i will ring police....apart from knocking your door there is absolutely nothing they can do...and do they honestly think by knocking you are just gonna roll over and pay?? would you?

[spidey41]

recieved another letter today from these muppets , they now tell me an application form is a legally binding contract , if that is the case then every job i have filled in an application form for , and not got , now owe me 4 years wages , i'm rich

[phil_nottingham]

recieved another letter today from these muppets , they now tell me an application form is a legally binding contract , if that is the case then every job i have filled in an application form for , and not got , now owe me 4 years wages , i'm rich

 

 

Hehe they are a joke

[spidey41]

apparantly this is there final answer and i need to arrange payment asap , i think not

[spidey41]

hi again , right halifax have now sold this to lowells , today recieved same application form but with some terms and conditions pasted to back , plus another agreement printed by halifax dated 4 years later than card application , not signed by anybody , advice required please

[cerberusalert]

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2010 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[spidey41]

i sent this same letter to the halifax last year , they stated that the application form doubled as a cca , and was legally enforcable

[debt4get]

i sent this same letter to the halifax last year , they stated that the application form doubled as a cca , and was legally enforcable

well that is their position..it certainly isnt yours...ignore em until or unless they put the agreement before a court

[cerberusalert]

i sent this same letter to the halifax last year , they stated that the application form doubled as a cca , and was legally enforcable

 

Send it to Lowells, they most certainly know they've bought a lemon but it doesn't hurt to rub it in.

[spidey41]

have done this afternoon

[spidey41]

right recieved another letter from lowells today states , we can see no valid reason for you not paying your debt, unless you contact us immediatley we will instigate further action against you , you agreement is legally binding and contains the required terms , ( these are on the back and obviously been cut and pasted as they are crooked )

[cerberusalert]

Lowells wouldn't recognise an enforceable agreement if it bit them on their ass.

[spidey41]

i actually sent them an email this morning inviting them to take me to court , so far iv'e had the automated response email from them

[debt4get]

well that is their opinion and they are entitled to it..your opinion is the only one that matters tell em to go to hell and/or ignore em..personally think it is easier to ignore em

[spidey41]

well that is their opinion and they are entitled to it..your opinion is the only one that matters tell em to go to hell and/or ignore em..personally think it is easier to ignore em

 

we'll if it goes to court i just hope the judge agrees with my opinion and not theres

[debt4get]

chances of it ending up in court..about zilch....they will not put this rubbish before a court..if they were they wouldnt have played letter tennis they would have already issued an N1 it aint gonna happen

[spidey41]

 

recieved this today seem to be getting a letter every 3 days from them now

[cerberusalert]

Email the muppets and tell them as they have not resolved the dispute you now want a copy of their grievance procedures.

[spidey41]

just done that , and already recieved there automated response , this seems to be the only response i ever recieve as they seem to be ignoring everything i ask

[spidey41]

right lowells are ignoring my emails and letters , today recieved a letter from red collections giving me seven days to pay or they will comence court action against me with a possible petition for banctruptcy if my amount owing exeeds the insolvency threshold

[cerberusalert]

Red are Lowell.

[spidey41]

Red are Lowell.

hi , yes i know , they are ignoring my emails and letters though and now threatening banctrupcy over a miserly £1200 , what is my best move now