Account Closure and Halifax unenforceable CCA? Case references needed please

[krikkie]

Hi,

 

I have the attached CCA from Halifax. No prescribed terms are included on this sheet but the top right hand of the document makes references to an 'attached' document which contains 'important terms'.

 

I have the following issues:

 

1. If the required prescribed terms are in fact on the reverse of the original, would this count as a properly executed agreement, and on the basis of what case law?

 

2. I signed this agreement in-branch and hence I understand the agreement should be statutorily uncancellable. However, explicit reference is made on this document to the contract being cancellable. Does this mean that this particular CCA is covered by statute as a cancellable or uncancallable contract rules?

 

3. If the required prescribed terms are attached to the original rather, would these be classified as forming a separate document?

 

4. Halifax have written to me (despite a perfect payment history with them), offering the option of closing my account and paying about 18% on the current balance or of keeping my account open and paying about 28% on the balance. Does this count as any kind of extortion? Where can I research the legality of this? Surely they could keep the account open on the lower rate of interest and just reduce my credit limit steadily over time rather than offer this unreasonable take it or leave it offer.

 

5. Would a cancellation of my agreement count as a variation and then subject to the rules of schedule 2 of the 1983 regs? How do I find out what T&C's would apply to my account if it were closed?

 

All ideas gratefully received

 

Big Thanks,

 

Krikkie

[cerberusalert]

Moved to General Debt Forum.

[krikkie]

I've sorted this myself now thanks. The agreement is not enforceable in my opinion, by s2(4) of the 1983 regs (SI 1559 / 1983) - prescribed terms need to be in a defined order and last of these is the signature.