Something Fishy Halifax CCA Expert advise appreciated

[vint1954]

I have just received a response to my CCA request from Halifax

 

Apart from the usual covering letter, where they think that they have discharged their responsibilities, there was an up to date 8 page CCA which everyone seems to receive, with current T&C’s, using my current address and not my address in 2002, so I assume that this is irrelevant.

 

In place of a signed CCA, was a signed application form. Something fishy about this as the header and footer refer to platinum card application with a gold card logo and indeed it should be a gold card. The reverse is skewed and contains a competition and a small box ‘Financial and related conditions’.

 

This document is not signed by the creditor, not marked as approved, there is no credit limit, no mention of charges, no example of charges for credit, no reference to T&C’s and no T&C’s relating to 2002. The only possible prescribed terms are under ‘Financial and related conditions’ on the alleged reverse of the application.

 

An experienced opinion would be very welcome.

 

Links to application below

 

Many thanks

 

Vint

Edited May 17, 2009 by vint1954

[vint1954]

Better copies of the application form here.

 

 

Vint

Edited October 15, 2009 by vint1954

[vint1954]

This word document is easier to read

Edited May 17, 2009 by vint1954

[vint1954]

Sorry to pester, but any thoughts on the application form that I have received.

 

Vint

[spartathisis]

At first look it seems everything where it should be, but when you look at the bottom of each document you see the document ref number (for re-ordering stationary) and the dates are different ie 07/02 & 04/02. How can they be diff on the same doc? Looks like its a cut and paste job, but proving it would prob mean court or trying civil procedures to get a really true copy.

 

The front is deffo an application form that is not executed (no prescribed terms), 2nd sheet looks to conform even though it refers to the rest of the terms & conditions in another doc. If you look at the general copy of the first sheet it is of a poorer quality than the second sheet, scanned in and microfiched? The 2nd sheet is clearer and much better quality, scanned from a recent doc? The % interest matches up, would be interested to see if anyone has a copy of the terms &conditions available from when this was signed. If it was just the first sheet no problem its not a cca and i think the second has been reproduced to suit, but difficult to prove.

 

Hopefully someone with more experience can help on how to find out if it is an original.

[twofoot]

IMHO if that is the best they can do you have them by the short and curlies.

[vint1954]

Thanks for your replies.

 

When I look loser at this document, the actual form appears to have been reduced and pasted onto a blank Platinum form. The form is slightly out of line with the header and footer.

 

I am faily sure that this was a stick down edge mailshot, so the reverse would have been an address.

 

Vint

[babydoll0141917]

subbing

[clemma]

If they still have the original, then my opinion is that this is enforceable.

[vint1954]

Hi Clemma,

 

Does there not have to be a ref to T&C's on the signed page and shouldn't it be signed by Halifax.

 

Vint

[clemma]

The only way to challenge this would be in court. There should be a reference and a signature, but these in itself do not make the strongest argument.

 

It's just my opinion, but because your signature appears within 4 corners of the prescribed terms, I would still say its enforceable.