Halifax CCA Help

[kawaka]

A little while ago I posted a question about a bank’s ‘right to offset’ between two accounts I hold with them, (They took 8k from my redundancy money to pay off a credit card debt) I was told by the helpful people on this site that unfortunately the bank has the legal right to do this.

 

Rather than roll over I thought I would ask them for a copy of the CCA just to see what their response would be, I was thinking that if there was a problem with CCA then maybe the right to offset would be illegal?.

 

So I sent the CCA request letter with the £1 fee, and I have scanned the subsequent letters as follows (I hope they work as this is the first time I have tried this)

 

The Halifax response to my CCA request:

http://i691.photobucket.com/albums/vv277/kawaka12/1.jpg

 

I sent them this letter from the forum:

http://i691.photobucket.com/albums/vv277/kawaka12/2A.jpg

http://i691.photobucket.com/albums/vv277/kawaka12/2B.jpg

 

They sent this reply today:

http://i691.photobucket.com/albums/vv277/kawaka12/3.jpg

http://i691.photobucket.com/albums/vv277/kawaka12/4.jpg

 

The reply they sent today seems to be an application rather than the agreement? But I am no expert, so I am hoping that somebody on the forum might be able to suggest what I should do next?

Any help or advice would be most welcome as things are getting a little tight now. (My mortgage is due and the current account is already overdrawn!)

 

Kind Regards

 

Kawaka

[pinky1977]

hiya

Kawaka

 

 

any news if its enforcable? i got the same one today which they have sent several times claimimg its enough and all they need to send

 

 

pinky

[kawaka]

Hello Pinky 1977,

 

As you can see nothing yet, but from the letter they sent me

 

http://i691.photobucket.com/albums/vv277/kawaka12/3.jpg

 

It seems that the Halifax thinks that it does not need to comply with the consumer credit act just because they consider the account closed, but as I said in my previous post I am no expert and I was hoping somebody on the forum could help. If I hear anything I will let you know.

 

Kawaka

[pinky1977]

hiya

 

well hopefully some one will be along soon to let us know what they think

 

pinky

[pinky1977]

bumpy

[pinky1977]

bump anyone

[cuidad]

hope this helps!

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2112496.html

[pinky1977]

Thankyou cuidad

 

im just hoping someone can let kawaka

and myself know if the above agreement they have posted is enforcable it appears to be an application form but just needed an experts opinion and also how to respond to halifax about it

[pinky1977]

hey kawaka

 

ive been thru tons of halifax posts and someone has the same application form as us

they were advised to send this

 

 

send haliprats this,,Amend to suit

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 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 have enclosed an excerpt from 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 and the default notice is non compliant, 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

 

take care

 

pinky

[pinky1977]

obtw apparently unenforceable as theres no prescribed terms

[kawaka]

Hi Pinky 1977

 

Thanks for the info it sounds good, but as they have already taken my 8 ½ Grand I think I might need something a little stronger, and I am still hoping that somebody on the forum might be able to answer the following,

 

The Halifax claim the account is closed, because they have taken the money to settle the debt. And as such I cannot request any agreements; if you read the letter from them it’s almost as if they are challenging the act.

 

Can they close the account without writing to let me know?

 

If as they claim the account is closed do I still have the right to see my CCA?

 

According to FSA they can only take money from one account to clear the debt on another if it is legal for them to do so, my argument is that if there is no valid regulated CCA then is the right of offset illegal

 

Please Anyone?

 

Kind Regards,

 

Kawaka

[kawaka]

Bumping!