Halifax CCA request

[LB145]

Requested Credit Agreement from the Halifax and received an letter in response to my request - no signed agreement but they enclosed a typed document which they state is a copy of my executed agreement, a copy of my current terms and conditions and a signed statement of my account. Also this paragraph in the letter

 

" The copy of the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellatin Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of this agreement complying witht he requirements of the Regulations the agreement remains enforceable.

 

By providing you with the documents attached to this letter, we have satisfield our obligation to provide a copy of the executed agreement under section78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreements.

 

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and any default may also be reported to credit reference agencies."

 

I am trying to get info and my head is spinning round! Not sure if I am doing this right. Can anyone advise please?

[pinky1977]

Hiya

 

yes your doing it right halifax are just trying to fob you off

 

send them an account in dispute letter

 

 

 

 

 

Dear Sir/Madam

 

Thank you for your letter dated the xxxxx, 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 the xxxxxxxxxxxI wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On xxx of xxxa member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with my requests

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the xxxxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

These limits have 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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

xxxxxxprint not sign xxxx

[LB145]

Thank you

[LB145]

Latest update I have sent a letter to the Halifax stating that the account enetered Default on 5th May 2009 (12+2 working days), and that there reply was unacceptable and that I await a True signed copy, they have 14 days left to comply - as yet no reply back - I am due a payment at the end of the month?

[LB145]

Deadline for response from Halifax was 4th June original request 15th April 2009 - have today received a signed photocopy of CCA - front page my personal details that were I presume entered on the computer, back of page CCA details with my signature (I presume this is now enforceable?) The reason I made the request for CCA was that this card was a Lifetime Balance Transfer Rate of 5.9%(ish) - nomal payment about £125 and interest being around £25.00 so the balance was decreasing! (Absolutley fine!!!) however I did not receive a statement in February so I was not aware of the date due or the amount required or realise that I was missing it (too many other things to think of!) - I know it is due round about 30/31st - my partner always goes into the branch with a cash payment on the due date (Halifax state that this is absolutely fine to pay cash in on the due date), on the 28th February 2009 (Saturday- forgetting that it was a short month) my partner realised that a payment would be due and tried to find statement - on Monday 1st March she went into a branch with an old statement and explained to the cashier that there had been no statement - the cashier could not tell her the amount due or due date - so she paid the amount we ususally pay. March 2009 statement arrives with an exceptionally high interest charge for next month and a late payment default - I wrote to the Halifax explaining the situation and received a letter stating that it is in their T&C's that if payments are missed they can withdraw the promotional rates - I cannot find this exact wording on the CCA other than "Missing payments could have severe consequences and make obtaining credit more difficult" Would like to post the letter received up but just cannot fathom how to! Unable to post images? Any advice please greatly appreciated!!!

Edited August 16, 2009 by LB145

[Spamalot]

Hi LB145,

 

Just seen your post so I hope you don't mind me butting in.

 

Several ways to post documents, one is Copy and paste.....without personal details of course!

 

And another is to use photobucket....

 

1.Scan your document to paint

2. Erase personal details

3. Save to pictures/docs

4. Set up account with photobucket (free)

5 .Upload picture/doc. copy http address.

6. open new tab for CAG and find thread.

7. Paste http add. in reply box.

 

Good Luck.

 

There's also this.

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[LB145]

copy of CCA photocopied document received and covering letter - Any input? Many thanks

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/Halifax1aof3.jpg

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/Halifax2aof3.jpg

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/Halifax3aof3.jpg

Edited June 14, 2009 by LB145
Because I am rubbish at picture insertation!

[Spamalot]

Hi LB,

 

It looks like you may have uploaded the same doc. 3 times..

 

Spam.

[LB145]

Would you be able to read it over for me - many thanks -by the time I get through all my stuff - I hope to have enough knowledge to be able to guide others! (not professionally I might add!)

[Spamalot]

Would you be able to read it over for me - many thanks -by the time I get through all my stuff - I hope to have enough knowledge to be able to guide others! (not professionally I might add!)

 

Hi LB,

 

Unfortunately I am not an expert in this field as I have yet to see any agreement I have requested.

 

As the Halifax forum is a bit quiet, it may be worth hitting the red triangle at the bottom of your Cagger ID and attracting a moderator by 'reporting the post'

 

Just ask them to have a look for you.

 

Good luck.

[Spamalot]

Hi LB,

 

You may want to look at his while you're waiting for a response.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

It could give you the info you need.

 

Spam.

 

Are you just querying their right to revoke the special interest rate or the enforceability of the whole agreement.

 

Having looked at the t&c, albeit a bit blurry, I couldn't see anything which states they can revoke the interest rate , it just says if you don't pay up on time there could be consequences. Not really specific IMHO and well worth a challenge!

Edited June 14, 2009 by Spamalot
Afterthought.

[LB145]

Hi LB,

 

You may want to look at his while you're waiting for a response.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

It could give you the info you need.

 

Spam.

 

Are you just querying their right to revoke the special interest rate or the enforceability of the whole agreement.

 

Having looked at the t&c, albeit a bit blurry, I couldn't see anything which states they can revoke the interest rate , it just says if you don't pay up on time there could be consequences. Not really specific IMHO and well worth a challenge!

 

Challenging the whole agreement would be preferable! (whats IMHO? - sorry to appear dense)

[Spamalot]

Challenging the whole agreement would be preferable! (whats IMHO? - sorry to appear dense)

 

Sorry, no your not dense... we all have a habit of slipping into CAG slang when we've been on for a while.

 

IMHO is just 'in my humble opinion' ;-)

 

I really would suggest reporting your post to get a moderator to look at your agreement.. If I can see any other experty types online I'll see if I can nudge one over to you,

 

Spam.

[Spamalot]

Hi LB, I have PM'd a mod for you.

 

Hopefully they will be able to help or at least know a 'man who can'

 

Good luck, Spam.

[car2403]

The copies aren't great, are they. I can't really see if the prescribed terms are there - are they any better "in real life"?

 

To be enforceable, as a credit card agreement, this needs a credit limit, a rate of interest and repayment terms, (the prescribed terms) and it needs to be signed by you, as the debtor, as a minimum.

 

Looks enforceable to me, from what I can see . I do wonder why they are saying the prescribed terms are on the reverse, proved by what was sent earlier, though? Does this mean they aren't and they are pre-empting the next question? Usually meaning they aren't!

[LB145]

The copy they sent me is a double sided photocopy - The card was taken out on a 5.9% for life of balance transfer - this is not stated inany of the CCA Agreement

[LB145]

Anyone help with the above please - so that I can be clear in my thinking

[steven4064]

I can't see anything with your signature on - that would make it unenforceable

[LB145]

The copies aren't great, are they. I can't really see if the prescribed terms are there - are they any better "in real life"?

 

To be enforceable, as a credit card agreement, this needs a credit limit, a rate of interest and repayment terms, (the prescribed terms) and it needs to be signed by you, as the debtor, as a minimum.

 

Looks enforceable to me, from what I can see . I do wonder why they are saying the prescribed terms are on the reverse, proved by what was sent earlier, though? Does this mean they aren't and they are pre-empting the next question? Usually meaning they aren't!

 

 

Sorry you totally lost me - do you think it is enforceable? as I do not understand your last sentence. (Blonde!)

[LB145]

The signature was on the reverse side next to the date see below

 

 

http://i713.photobucket.com/albums/w...lifax1aof3.jpg

 

http://i713.photobucket.com/albums/w...lifax2aof3.jpg

 

 

Thanks for looking

Edited August 16, 2009 by LB145

[steven4064]

The signature was on the reverse side next to the date see below

So it is. And it is on the same page as the prescribed terms. Therefore it is enforceable, I'm afraid

[LB145]

Thanks for looking - so on the other foot what about revoking the 5.9% life time balance transfer - it does not state that anywhere on the CCA - copied from further up my thread

 

The reason I made the request for CCA was that this card was a Lifetime Balance Transfer Rate of 7.9%(ish) - nomal payment about £125 and interest being around £25.00 so the balance was decreasing! (Absolutley fine!!!) however I did not receive a statement in February so I was not aware of the date due or the amount required or realise that I was missing it (too many other things to think of!) - I know it is due round about 30/31st - my partner always goes into the branch with a cash payment on the due date (Halifax state that this is absolutely fine to pay cash in on the due date), on the 28th February 2009 (Saturday- forgetting that it was a short month) my partner realised that a payment would be due and tried to find statement - on Monday 1st March she went into a branch with an old statement and explained to the cashier that there had been no statement - the cashier could not tell her the amount due or due date - so she paid the amount we ususally pay. March 2009 statement arrives with an exceptionally high interest charge for next month and a late payment default - I wrote to the Halifax explaining the situation and received a letter stating that it is in their T&C's that if payments are missed they can withdraw the promotional rates - I cannot find this exact wording on the CCA other than "Missing payments could have severe consequences and make obtaining credit more difficult"

[steven4064]

I think your best bet is to make a formal complaint through their complaints procedure and see how yuo get on. If that fails, then escallate to the FOS

[LB145]

Steven4064 -Thanks for taking the time to look at the docs.

[LB145]

Sent a letter to Halifax with regard to the original promotional rate of 5.9% not being mentioned in the CCA T&C's and that there is no wording indicating that they can withdraw the rate (see further up thread) and that account is in dispute - along with original copies of letter about the rate being revoked. Received a letter from Halifax yesterday stating that they do not regard the telephone calls as harrassment as I have no reason for putting my account into dispute as I have never complained previously, I am sent a monthly statement notifying me of my debt therefore I have ten days to make payments up to date - no mention of my complaint or previous letters sent.