need advice

[saffy09]

Hi

New to this hope in right forum????

I requested my cca from the halifax which they have sent to me today, however on the cca it is not my signature mine is different to the one on that also my so called signature also appears on the part where the halifax should have signed?? the cca is dated April 07 but im sure it was before that. I never recall seing this agreememt or signing so im stuck as what to do?????

many thanks x

Sorry should have mentioned why i requested my cca, it is because i have just had a baby and now on stataury mat pay so am having a few difficulties with my payments, was asking if the charges could be stopped for a short time ie overlimit fees and late payment fees, they said no and if i didnt pay the mimium payment i would be breaching my credit agreement. I have offered to pay £60 per month and have been doing but off that they have been taking £24 in charges and £40 roughly intrest so im paying that for nothing this has been going on now for 6 months so im still over my limit although i have paid all this money for nothing.

[dx100uk]

time to sar them and get reclaiming.+ interest!!!

 

as for the debt, pay them what you can easily afford.

 

write to them and TELL them they will only be getting £XX for XXmts.

then regardless to whatever they say, keep doing it month on month.

i would also request that they in recognition of your gesture of goodwill toward the debt in times of need, help you by freezing all interst and refraining from placing unnncessaary charges etc on the a/c

 

if and a big IF it ever went to court, the judge would laugh it out the door & prob assign a smaller payment.

halifax know this but are just chancing their arm.

 

dx

[diddydicky]

time to sar them and get reclaiming.+ interest!!!

 

as for the debt, pay them what you can easily afford.

 

write to them and TELL them they will only be getting £XX for XXmts.

then regardless to whatever they say, keep doing it month on month.

i would also request that they in recognition of your gesture of goodwill toward the debt in times of need, help you by freezing all interst and refraining from placing unnncessaary charges etc on the a/c

 

if and a big IF it ever went to court, the judge would laugh it out the door & prob assign a smaller payment.

halifax know this but are just chancing their arm.

 

dx

 

if you are 100% sure that the signature is not yours do NOT pay them another penny

 

write to them and tell them they have failed to comply with s78 of th CCA in that they have not supplied a true copy of an original agreemen

 

explain to them that the the signature on the document that they s, which purports to be yours is in fact not yours and therefore they are in default and as such they may not enforce the agreement or amke any charges until such time as they comply with your request

 

I must stress here that you have to be 100% certain that it is not your signature

[diddydicky]

signature ( sorry)

[saffy09]

Thank you diddydicky for your reply. Iam a 100% sure that signature is not mine and i have never seen this document before!!!! How can i prove it is not my signature????

[diddydicky]

its very difficult if not impossible to prove a negative, however you don't have to

 

As i said write and tell them they are in default, having not provided you with a true copy of a valid agreement signed by you

 

tell them that if they are alleging that the signature on the document is yours then you will be putting them to strict proof when the matter is taken to court as you are 100% satisfied that the document they will seek to rely upon will contain a forged signature

[saffy09]

Thank you so much for your advice.

[diddydicky]

Thank you so much for your advice.

 

no probs- keep us updated

[saffy09]

Hi

Would you have a template letter with reguards to the matter of signature im not that good at putting thing in writing as you can prob see from threads lol

Many thanks

[diddydicky]

Hi

Would you have a template letter with reguards to the matter of signature im not that good at putting thing in writing as you can prob see from threads lol

Many thanks

 

Dear Sirs,

 

i refer to your response to my s78 consumer Credit Act request

 

i note that you have provided me with a document which you confirm to be a true copy of an original credit agreement.

 

This document bears a signature which is not mine!

 

You have therefore failed to comply with your obligations under s78 CCA and until such time as you do so you are in default and may not add charges or interest. Nor may you take any enforcement action nor pass details to any third party

 

For the avoidance of doubt please be advised that it is is to be your intention to rely on this document in any subsequent legal proceedings you will be put to strict proof as to the authenticity of the signature on this document.

 

Yours sincerely

 

XXX

 

 

DO NOT UNDER ANY CIRCUMSTANCES SIGN THIS LETETER NOR ANY OTHER LETTER TO THEM

[diddydicky]

should read

 

 

"please be advised that IF IT IS TO BE your intention etc etc !

[saffy09]

thank you so much for your help will keep you informed.

[saffy09]

Hi

Another cca from Halifax, however this one is not signed and has totally different t&c to the one that was sent to me signed. They have sent 2 different ones with different apr rates but none is signed and they are alot different to the one which was sent with my signature. The new ones have a bit on your right to cancel which is not on the signed one???? they added :i write to you in response to your requst for a copy of your cc agreement under section 78 of the cca 1974

I have enclosed with this letter a copy of your executed agreement, a copy of your current terms and conditions and a signed statement of your account: what they have basically sent is the correct t&c and they have signed a statement of my account and they say they have sattisfied their obligation to provide a copy of the executed agreement under sec 78. As such the agreement you have with us is fully enforcable and we shall continue to treat it as such. We will not be entering in to any further corresspondence with you reguarding thr requirements relating to the provisions of copy agreement. Help please:confused:

many thanks

[diddydicky]

dear sirs

 

 

I refer to my letter of XXXXXXX in which i stated quite clearly that the signature on the documents you provided were not mine

 

You are still in default of s78

 

I am appalled that you should totally ignore in your response s a serious complaint that a signature which is not mine but which purports to be so has appeared on a document YOU say is a legal agreement between us

 

I note that you have stated that you will not discuss this matter further and i will bring this to the attention of any court in which you decide to pursue this matter who may take a view as to why you wish to ignore this complaint

 

 

 

 

Yours sincerely

[saffy09]

Hi

I have received a leyyer from Moorcroft today saying they will be taking me to court!! This is the first i have heard back in months. As i was aware my account was in dispute i have had no corrospondence from the Halifax. I have explained my finacial situation over and over again to the Halifax in writing but had no response. I have not received a termination of account letter either. Moorcroft have advised me that apllications for credit cards over the phone no agreement need be signed??? and that charges can be added on while the account is in dispute?? The Halifax have my income as £8000 and gave me a card of £4000. I really do not know what to do now. Have just had a baby and im on statatory mat pay and cant afford what they are asking for!! Moorcroft have also threatened Balliffs. I did use the card and im not trying to run away from paying but did not expect to fall into finacial problems either i just cant pay what they are asking. Help Please x Saffy x

[saffy09]

Sorry received Letter!!! x

[diddydicky]

first, post the letter up so that we can read it- it is more likely a threatogram than a bona fide letter before action

 

next, (assuming the letter is a genuine LBA) and if you are 101% certain that the signature on the agreement is not yours- then i would suggest (having taken several photocopies of it) you go to the police, ahead of any civil case and make a formal complaint as to forgery and deception and write to the other side telling them that you have done so.

[saffy09]

Hi

The letter is from moorcroft pre court division

notice of intended litigation

Which reads:

To prevent the above action please send payment before 17/02/10 imediatly.????

If you do not contact us following receipt of this letter we may have no alternative other than to assume that you are avoiding repayment of this debt. In this situation instructions to our clients solicitors to issue legal action against you may follow. Please note if legal action is necessary your debt may increase as follows:

Solicitors costs £80

Court fees for issue of claim form: £85

solicitors costs for entering judgement (by default) £25

Contact us now.

 

Im really scared now never been to court in my life and just feel threatened now x

[diddydicky]

Hi

The letter is from moorcroft pre court division

notice of intended litigation

Which reads:

To prevent the above action please send payment before 17/02/10 imediatly.????

If you do not contact us following receipt of this letter we may have no alternative other than to assume that you are avoiding repayment of this debt. In this situation instructions to our clients solicitors to issue legal action against you may follow. Please note if legal action is necessary your debt may increase as follows:

Solicitors costs £80

Court fees for issue of claim form: £85

solicitors costs for entering judgement (by default) £25

Contact us now.

 

Im really scared now never been to court in my life and just feel threatened now x

 

this is not a letter before action- it is a threatogram (see highlighted word)

[saffy09]

Hi

Received yet another letter from Moorcroft home divisions dept saying someone will be calling at my home to discuss repayment!!! as far as im concerned i owe moorcroft nothing!! As stated before Halifax have not even sent me a termination of account letter they have just passed it on to these idiots. Is there any kind of guidlines with credit cards lending as they have lent me half my annual income? What should i put in a letter to moorcroft? i have 2 babies on my own and really dont need them knocking my door quite scary really:(

[diddydicky]

i know it may seem scary to you- but i can only say to you that this visit- if it indeed happens will NOT be scary at all-

 

the person calling is not a bailiff- will not intimidate you and will not try to push past you to get into your house or try to take anything from you

 

he will simply knock the door and attempt to engage you in conversation about repaying the debt

 

if you refuse to discuss and then close the door they WILL go away

[saffy09]

Hi

It seems that moorcroft has taken the signature leeter seriously now!! Halifax have instructed a company called Iqor to recover! should i sent them the same letter? Can 2 companys try and recover the debt or would moorcroft have sent this back to halifax? confused:confused:

[diddydicky]

write to the oft and report the fact that halifax have two debt collectors chasing you for the same account