Worst credit threatening bankruptcy

[Nick_the_Greek]

After requesting and waiting and waiting for a CCA they finally replied with this, which I would welcome guidance as to whether it's enforceable?

 

 

Yesterday we received a threatogram from worststcredit threatening that they will make my wife bankrupt and we need to contact them immediately.

 

A quick google found that this is something they like to do and that the OFT have warned them about.

 

So any help much appreciated as to whether agreement is enforceable and what we should do next?

 

Regards

[babybear39]

How much is the alleged debt?

[Nick_the_Greek]

How much is the alleged debt?

 

Thanks for reply it's £8,000

[babybear39]

I can't see anything relating to a credit limit in there...May be me though...

[2Grumpy]

1. they will determine & notify the credit limit from time to time

[babybear39]

My eyes are not workng this morning

[Nick_the_Greek]

My gut feeling from reading about prescribed terms is that they are present.

 

However they have not yet supplied a notice of assignment, or copy of any default notice or a statement of account, is that relevant?

[2Grumpy]

It does say that it is an application form, but if all of the prescribed terms are present, it might be enforceable ...

 

I see an interest rate, a right to cancel & a statement about credit limits.

 

Not sure about the APR, they have given the annual figure based on the monthly figure & said that is the APR.

 

I hate to say it, but this may be enforceable, however all T & Cs must be within the signed agreement

[Nick_the_Greek]

So working on grounds that it's probably an enforceable agreement, what do you think best plan of action should be?

[2Grumpy]

There will have been more terms than that. The application form dosen't mention them, so there's hope. Wait for more opinions before coming to any conclusions or making too many plans! I would be very happy to be proved wrong.

 

I would write to the Halifax & ask for a copy of the executed agreement rather than the application form. They may have more.

 

If there's still only my opinion after a few days, update the thread to move it back to the top.

 

The CCA isn't the only thing that has to be correct. So do the default notice & termination notice.

 

For 1st credit to actually do anything, they will have to own the debt, the halifax should have sent a notice of assignment via registered post. If they are collecting for halifax, they are blowing hot air.

 

How old is the card?

 

Can you scan the default notice & termination notice? When did the default occur? If you have never received a d/n or t/n then I'm not sure what the position is.

[Bazooka Boo]

IMHO, no-one will make you go bankrupt for 8 grand!

They are talking cr@p and they know it..

[master woody]

It costs 2 grand to make someone bankrupt, i very much doubt that they will go through with it. They use the threat for debt collection and not its intended use hence the OFT complaints

 

I'd post on the the legal thread if i were you

[Nick_the_Greek]

Thanks everyone as I suspected just a new version of an old threatogram....

 

I have asked for the T&Cs at time of application.

Also requested the Default Notice and notice of assignment.....

 

Card was applied for in mid 90s, and we ran into trouble back in 2006, so not statute expired.

 

Thanks for all your help, you have helped me to relax a bit... ;-)

[2Grumpy]

The application says conditions are on the reverse so the CCA is not complete.

 

Although they wont try to make you bankrupt, they might send a statutory demand, just to try to frighten you (but you can get it set aside & claim costs)

 

In the mean time, get the missing bits!

[2Grumpy]

1. they will determine & notify the credit limit from time to time

 

Looking around the forum, the good news is that this is probably insufficient to make the application form enforceable

[tindwcel]

What is section 12, Credit Care, about? Is it PPI? Did you tick the box? I can't tell from the scan.