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time35run

Halifax/BOS saying section 78 DOES NOT require signature ???

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Hi,

 

I have sent off the CCA requests to Halifax/BOS some time ago. I did not get any response from them at all despite sending the second letter 12 days later.

 

Then last week (3 months later). I received a letter from Halifax with a copy of a Credit Card Agreement and Conditions of Use, these documents were not originals but have clearly came straight off a printer, they do not have any dates, signatures, address, names or anything. It comes with a covering letter which states :-

 

"Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the consumer credit act"

 

Please advise what I need to do now as I thought they were required to send the original copy to enable them to enforce it and I am not sure how to respond !

 

Thanks for your help.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Correction - on the CCA they have clerly typed in my current address (I was at a different address when I applied for this card) and on the conditions form it has my old address.

 

It is all undated and unsigned and the only siganture boxes available are cancellation ones. It does have a credit limit and interest rates.

 

Please advise.

Thanks

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I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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