Mevsthem vs Halifax cca advice

[mevsthem]

Hi, First let me say what a wonderful site this is. So much information in one place is great. I am currently starting with the request for cca's from 2 credit cards I have had with the halifax since 1999. After reading the addresses for the Halifax I am still unsure where to send these requests to, regarding not sending to a P.O Box for recorded delivery purposes and also I am under the impression that I should not sign any of these requests, Is this the case ?

Many thanks in advance and I keep you up to date as the case unfolds.

Regards

Edited June 9, 2010 by maroondevo52
Removed name

[maroondevo52]

Hello and Welcome,

 

Send your CCA requests to........

 

 

Halifax Card Services

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

 

Send recorded, with a £1.00 postal order and yes, don't sign it.

 

Regards.

 

Scott.

Edited June 9, 2010 by maroondevo52

[mevsthem]

Many Thanks for your speedy response, will update as the request unfolds

 

regards

Edited June 9, 2010 by maroondevo52
Removed name

[mevsthem]

Well letters sent and delivered, lets see what they come back with

[mevsthem]

Dont know if anyone has posted this, but this is an interesting read

Crackdown on debt loophole swindlers | This is Money

[mevsthem]

Hi all, After reading hundreds more posts on the forum I am a little worried that I have sent my cca requests off wrong. I have sent the cca requests off using the letter template on the 3rd of june and they have been delivered. The thing that worries me is that I have not signed the cca request as people say but I also have not printed my name in pen ( just done done it on the computer). Also I have sent the postal orders off without them having a name on them. I am now worried that they may just send them back as being incomplete. Could anyone please advise me if I have done this wrong or am I stressing for nothing.

Also yesterday I recieved a letter saying my interest rate is going up to 27.95 % variable when im sure when I took the card out it was supposed to be 17.9 % for the life of the card, can they do this ?

I have had these 2 cards with them around 9 years and have always paid the minimum, never defaulted and previously remortgaged to pay them off. What a great help they are.

Many thanks in advance for any help recieved and like you say the more posts you read the more you learn

Kind regards

brooky

[mevsthem]

bump

[mevsthem]

Hi, Just recieved a reply to my 2 cca's today and just wondered if anyone could advise me what to do regards this letter which I have recieved for both my credit cards with the bank. I have not recieved any agreement or even a application form. All that they have sent me is a printed terms and conditions which looks like its just been typed up and this letter in both envolopes. Dont know if its just to warn against any action or what. I Have also requested a SAR too and was wondering if I should wait or reply to this letter.

They have not sent me anything with any signature on at all.

Any help would be greatfully recieved

many thanks in advance

 

 

http://i386.photobucket.com/albums/oo308/faulty500/consumer%20credit/halifaxletter.jpg

Edited June 13, 2009 by brooky25
new link

[diddydicky]

Dont know if anyone has posted this, but this is an interesting read

Crackdown on debt loophole swindlers | This is Money

 

well firstly, the police CANNOT "look into" credit agreements- they have no authority although they may "look into" some of these dodgy customers

 

the rest is just one sided bull**** from the banking industry in a desperate attempt to convnice the great unwashed not to jump on the bandwagon

[diddydicky]

sorry mant to say the police can look into some of these dodgy companies (not customers)

[mevsthem]

Well, with the help of this site all can be done without these companies, I am in the process myself. I would rather donate to this wonderful and helpful site than pay one of these companies, which is what i will do as soon as my finances are in order.

[mevsthem]

Hi All, just updating my situation so far and wondered if anyone has any advice regards what I should do next. Sent for SAR on both my Halifax visas and my bank account and all that they have sent me is the statements of the three accounts and no signed agreements, well nothing else but the statements. After cca on both visa accounts I received the standard letter and copies of terms and conditions, No agreement.

So on the 15th June I sent a formal notice - account in dispute letter stating that the account enters default on the 19th June.

I have heard nothing until today. Opening the post this morning I have a letter from them stating that they have suplied me with a copy of the agreement and attached is a visa card application form that i signed in 1998. The other visa I have still not had a reply from them. The strange thing with this letter is the dates. I will scan the letter and application form for you to have a look at. Please could someone help as to what to do next. At this time I am just managing to pay the repayments but not for much longer

Any help would be greatly appreciated

regards

 

http://i386.photobucket.com/albums/oo308/faulty500/kirton/classicreply.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/kirton/applicationclassic.jpg

Edited July 3, 2009 by brooky25
images scanned

[mevsthem]

Can anyone help please

[42man]

I'd say that they have sent you an application, which doesn't have the prescribed terms on the signature page. You could write back with a letter along the lines of this one - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

[diddydicky]

I'd say that they have sent you an application, which doesn't have the prescribed terms on the signature page. You could write back with a letter along the lines of this one - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

hi can i try to confirm one point

 

i am aware that the prescribed terms must be within the 4 corners and this of course includes the reverse if referred to

 

whenever i see reference to an application form i note that the poster suggests that the prescribed terms must be on the signature page

 

is there a different rule for the prescribed terms when included on an application form?

 

cheers

[lilly white]

Yes I Belive You Are Correct.

 

The Sig Requirement Was Change However I Cant Remember When

 

Ie It Was Amended. I Have Being Trying To Get The Right Part Of The Act.

 

Lilly

[diddydicky]

anyone got the right bits we need?

[mevsthem]

Hi, Many thanks 42man for your help and advice. I am in the process of writing a letter along the lines of what you advised. I have been offered a little help from my parents to help me get rid of these debts and was wondering if now is the time to offer a full and final settlement, or should I wait and see what reply I get to this letter first.

 

With regards to my other card, over the weekend I recieved a reply to my dispute letter which looks like an agreement, but again I am a little confused as to whether it is enforcable or not. It does have t&c on the reverse which I have posted. Could someone possibly take the time to have a look and possibly advise me on where I stand regards this agreement. I really need to get these cards sorted out as I cant see a way out when my interest is £30 more than my minimum payment.

 

Many thanks again and your help is greatly appreciated

regards

b

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement1-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement2-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/letterwithagree.jpg

[babydoll0141917]

Hi... CCA in post 18 is the same has mine and many others on here...Firstly there is no reference on the front of the doc to say the Tand Cs are on the reverse No overleaf no page numbers and no codes that match.Also on the front of the doc it says you have received a copy of and are bound by the Conditions of use ...Which avers to the T and C beeing in another document..Ive not paid halifax a bean in 16 mths ..i also have an invalid DN..

[diddydicky]

Hi, Many thanks 42man for your help and advice. I am in the process of writing a letter along the lines of what you advised. I have been offered a little help from my parents to help me get rid of these debts and was wondering if now is the time to offer a full and final settlement, or should I wait and see what reply I get to this letter first.

 

With regards to my other card, over the weekend I recieved a reply to my dispute letter which looks like an agreement, but again I am a little confused as to whether it is enforcable or not. It does have t&c on the reverse which I have posted. Could someone possibly take the time to have a look and possibly advise me on where I stand regards this agreement. I really need to get these cards sorted out as I cant see a way out when my interest is £30 more than my minimum payment.

 

Many thanks again and your help is greatly appreciated

regards

b

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement1-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement2-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/letterwithagree.jpg

 

the printers code on the bottom left (vertically printed) of the applciation form is 08/00

 

the printers code on the top and bottom of the T & C's is 10/00 (as far as i can see (like mine)

 

that would suggest two separate documents!!

[mevsthem]

Many thanks for looking over it for me, I too noticed the code was different on both sides just wanted to make sure. Feel a bit more positive now I know other people have same dodgy looking documents. Would you suggest sending the same letter that 42man has posted as guide for my other card in post 14 and stating the issues I have with this agreement, or is there another template letter which is more suitable ?

Once again thank you very much for your advice

regards

b

[diddydicky]

just a matter of waiting for the dn and tn

 

if they are anything lke mine they have made a right royal pigs ear of it all

[lilly white]

i have had a quick look at the cca and i would make this comment

 

it does say quite clearly that you have recived a copy of conditions copy enclosed.

 

THEY SAY COPY ENCLOSED, WHERE THE TERMS ON HERE, CANT BE IN ANY OTHER DOCUMENT.

 

REGARDS LILLY.

[babydoll0141917]

Hi LW

 

im intrested to know what you mean has i have the same CCA..the way i see it is halifax say you have received a copy and are bound by The conditions of use..Doesnt that aver to them being in a different doc?? If so..ours are on the reverse..Also on the front of the doc it has cancellation rights..on the reverse it has cancellation rights which are diff from the ones on the front ..Im sure you wouldnt have 2 cancellation rights on one doc, spech being both different

[mevsthem]

Hi, well had a reply from letter for my classic card today. Sent them this letter after recieving an application form

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the 08/July/1998.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing any personal data relating to me on this matter.

 

Yours faithfully

 

 

And guess what, same standard letter saying they have fulfilled obligation and they have sent me a copy of the application form again. Me thinks this is all they have so think its time to stop minimum payments, what do you think ?

 

Sorry if its confusing I have 2 cards one a classic and other on gold card