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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
    • Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.   Screen shots of the application/sign up are not compliant with a Section 78 request.
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MRS_P

Mrs_P V Halifax Matercard

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Hi

I recently requested a DSAR with the Halifax, I shall be starting a thread for each account I have with them.

First is a mastercard, this is the alleged agreement contained within the pack.

Page 1

 

Side1.jpg

 

Page 2

 

Side2.jpg

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Pages 1 and 2 were printed on 2 seperate sheets, although page 1 does not contain the prescribed terms page 2 appears to have them.

 

I would also like to mention at this point that the PPI box is unticked yet they applied PPI right from the offset, this is a seperate issue and will be claiming back the ppi premiums plus interest which should amount to a descent amount but this along with charges will not clear the balance.

 

Any help on enforceability will be great and is there anyone/thread with a similar agreement.

 

Thanks

Mrs_P

Edited by MRS_P
typo

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Mrs P I've noted your request on my thread relating to Halifax Visa and will get back to you on that.

 

For a belt and braces approach I would send them a request for a copy of your Consumer Credit Agreement (CCA), template letter N can be found by following this link. Creditors and DCAs - Letter Templates & Budget Planner Send them the princely sum of a pound and wait 12 days for them to produce your CCA or in my case an application form.

 

Have a good read of the following thread, it's lengthy but full of useful information regarding CCA's. http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

Edited by SL1210
To add a link to template letter

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Thanks SL1, will be sending off a complaint letter for PPI and a CCA request for the agreement.

 

Just a quickie, if a bank admits that PPI has been mis sold and agree to refund the premiums does this make the loan agreement unenforceable automatically? Are there any threads with halifax loans with PPI being unenforceable?

 

Mrs_P

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Update..

 

5th August sent prelimanary letter requesting repayment of charges and PPI debited unlawfully.

 

Also sent CCA request

 

5th September recieved credit agreement (as above, this time they decide to photocopy the 2nd page onto the back of the first)

 

21st September recieved a response from Halifax stating that they are unable to provide a response to my concerns raised (charges and PPI) and are still awaiting copies of agreements when policies were arranged. They also advise I now have the right to complain to the FOS.

 

Should I now send in a LBA for credit card charges and PPI?

 

Will be sending a complaint off to the FOS.

 

Mrs_P

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