Confused - v - Halifax

[tony3x]

I sent off a CCA to Halifax and have got the standard letter in reply and supplying a 'reconstituted' copy of the executed agreement. Funny thing is they enclosed 2 agreements (both look like they are newly typed), one from BOS and the other from Halifax. I have never had a BOS account of any kind. Whats also great is that the terms are different for both accounts. They both start with the line ' the parties to this agreement are "lender" and "me".

 

I will try to post up copies later but as they are scanned as RTF docs they will take up a lot of space, 6-7 pages each.

[reallymadwoman]

So they're effectively admitting that they don't have a copy of the original agreement, or else why would they supply a reconstituted one?

[tony3x]

here is the BOS agreement even though I have never had a BOS card::

 

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

This is a copy of your Agreement for you to keep. It includes a notice about

____________ your cancellation rights which you should read.____________

1. PARTIES

The parties to this Agreement are Bank of Scotland plc, The Mound, Edinburgh, EH1 1YZ and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2. KEY FINANCIAL INFORMATION

2.1 We will decide your credit limit and tell you what it is. We may change it at any time and will

let you know about any change.

2.2 We will send you a monthly statement (including making the information available to you on a

secure webpage if you receive statements in this way), unless there have been no payments

into or out of the account during that period and the balance is nil. Each month, if the balance is

£5.00or more, you must repay the greater of:-

 

a) 1 % of the amount you owe us; or

b) an amount equal to the total of any Credit Card Repayments Cover premiums, interest (or the

minimum interest charge), over limit and late payment fees plus £5.

If the balance is less than £5.00, then you must repay the full amount. Your statement will show the date by which you must make this month's payment.

2.3 The APR for the Agreement is 25.9% APR (variable).

3. OTHER FINANCIAL INFORMATION

3.1 The total charge for credit is £195.91, consisting of £195.91 interest. This is based on credit

of £1,500 being borrowed at the start of the agreement over one year at the standard interest

rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments

beginning one month after the start of the agreement.

3.2 Our interest rates are as follows.

 

 

On balance transfers, related interest and charges

On cheques, related interest and charges

On cash advances, related interest and charges

On purchases and all other amounts, except default sums

Special promotion rate per annum (fixed)

0.0%*

N/A

N/A

0.0%*

Special promotion period

12 Months from account opening.

N/A

N/A

3 Months from account opening.

Standard rate (variable) per annum (compounded)

25.95%

27.95%

27.95%

25.95%

*The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Bank of Scotland plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out. We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment date or if you exceed your credit limit at any time. We will not charge interest on default sums.

 

3.3 We calculate interest on your average daily balance and charge it to your account on each

statement date. The interest rates shown above are calculated by compounding the interest

we charge each month over one year. The simple interest rates (not including interest being

charged on interest) are:-

Balance transfers 23.29% per annum

Cheques 24.95% per annum

Cash advances 24.95% per annum

Purchases 23.29% per annum

3.4 We will not charge interest on purchases shown on your current statement, if you pay the

total balance shown on that statement by the payment date (and have also paid the total

balance on the previous statement by the payment date). On all transactions where we do

charge interest, we charge it from the date we first charge the amount to your account.

3.5 If you do not pay the total balance shown on your statement, at the date of the next statement

we will add the interest we have charged on the unpaid amount to the balance we charge

interest on. We will continue to charge interest, at our usual rates, on any unpaid balance

after this agreement has ended and both before and after we have got a court judgment. If

we allow you to miss or reduce one or more monthly payments, we will continue to charge

interest on the full amount you owe on your statement (including on the interest for that

month).

3.6 We use any payments you make to pay off transactions that appear on your statements

starting with those on which we do not charge interest, then those on which we charge

interest at the lowest rate and so on up to the highest rate of interest. If the payment is not

enough to pay off all transactions at a particular interest rate, we will pay off transactions

charged at that interest rate in the order:- default sums, balance transfers, purchases,

cheques and cash advances. If you pay more than the amount due shown on your statement,

we will use any remaining payment to pay off transactions that have not yet appeared on your

statement in the same order as those that do appear on your statement. In this condition,

"transaction" includes the amount of the purchase, cash advance, cheque, default sum or

balance transfer plus any interest, fees or insurance payment charged as a result of that

transaction. For example, a cash advance fee is included as part of a cash transaction.

3.7 When we work out the APR, we do not take into account any changes to the interest rate,

charges or fees. We may change these and also introduce new charges and fees which may

affect the APR at any time by giving you notice under condition 14.2.

4. KEY INFORMATION

4.1 We will charge:-

• £12.00 each month in which a minimum payment amount that should have been paid

remains outstanding.

• £12.00 each month if, at any time during that month, you go over your credit limit.

• £12.00 each time a direct debit, cheque or other item is not paid, including a cheque which

you write.

4.2 We will charge handling fees for cash advances, balance transfers and cheques; a minimum

interest charge; and fees when you make transactions in foreign currency or pay us in foreign

currency. We will also charge you if you ask:-

• for copy statements;

• to change your statement date more than twice in any six month period; or

• to stop a cheque written to your account (unless the cheque was lost or stolen)

The details of these charges are shown in conditions 5 and 8.1.

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

 

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any

bought with a cash loan, you may have a right to sue the supplier, us or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still

be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

THEFT. LOSS OR MISUSE OF CREDIT CARD

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to: Bank of Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS.

If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation you will not have to pay interest or other charges. Any money you have paid must be returned to you.

Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request.

You will not, however, be required to hand back any goods supplied to meet an emergency or

which have already been incorporated, for example in your home. But you will still be liable

to pay for emergency goods or services or for any goods which have been incorporated by

you or one of your relatives.______________________________________________________

CANCELLATION FORM

(Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To Halifax, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS:

I/We* hereby give notice that I/We* wish to cancel this credit card agreement.

Signed Date

*delete as appropriate

Please note that the cancellation rights above only apply if this is the first credit card you have

received under this agreement.

I wish to purchase Credit Card Repayments Cover. [ ]

I wish to purchase Card Care [ ]

I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement.

Your Signature

Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:-

 

a) that the details provided by you in your application are correct;

b) that your data may be used as set out in the Data Protection Declaration on the application form;

and

c) to be bound by the General Credit Card Conditions.

GENERAL CREDIT CARD CONDITIONS

5 Charges

5.1 We make a handling charge of 3% (at least £3.00) for all cash advances. We also make a

handling charge of 3% (at least £3) for balance transfers and cheques. We may also limit the

amount of your overall balance that can be made up of cash advances to a percentage of

your overall credit limit. If we apply this cash limit we will tell you what that limit is and we will

tell you if it changes at any time. We may limit the amount you may draw from your account

as cash advances within any one day or other period notified to you by us.

5.2 If in any month you incur interest and this is less than 50p, we will make a charge of 50p

which will be added to your account in place of the interest.

5.3 If you make transactions in a foreign currency, we will change the amount to sterling at the

exchange rate used by the payment system on the date the transaction is passed to us by

them. You can find out this exchange rate by calling us on the Customer Services number

shown on your monthly statement, however if you call before the transaction is added to your

account, the rate we provide will only be indicative. We will charge 2.95% of the value of

each foreign-currency transaction. The sterling amount shown on your statement will include

this charge. If the transaction is a cash advance we also charge the cash advance handling

charge shown above.

5.4 We may also charge you for the following special services.

 

• Sending a copy statement £5

• Changing your statement date (if you have already £5

asked us to change the date twice in the last six months)

• Processing any foreign currency payment to us £10

5.5 We may change any of the charges listed in conditions 4, 5 and 8.1 and introduce new

charges at any time by giving you notice under condition 14.2.

6 Words with special meanings

"We1, 'us' and 'our' mean Bank of Scotland plc and any organisation that takes over the benefits of this agreement. The words 'you', 'y°ur' ancl V°urs' refer to tne person who entered into this agreement with us. The following words have a special meaning.

Balance transfer - any balance we allow you to transfer from another UK account. Card - any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card or money transfers, finance payments or gambling transactions made with the card. Cheque - a cheque which we send you to draw money from your account. Default sum - an amount (other than interest) payable by you under this agreement because you have broken the agreement. Finance payment - using your card to repay finance such as a loan agreement or hire purchase. Gambling transaction - using your card to purchase lottery tickets or take part in a any form of gambling such as betting, gaming or wagering. Online service - our service allowing you to access information and services and make payments on your account over the internet; Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases -goods and services bought using the card or card account number. Recurring transaction -your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Security details - the security details we give you, or which you choose, which allow you to access information and services and make payments on your account and include: the passwords and/or username used to confirm your identity when using the telephone service or the online service and the additional security details we set for you when using the online service; Telephone service -our service which allows some customers to access certain information and services and make payments by telephone; Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder.

7 Using your account

 

7.1 We will open a credit card account for you and give you and any additional cardholder a card

each. You authorise us to issue cards and a pin to you and any additional cardholders. You

authorise each additional cardholder to use the card and to authorise transactions on your

behalf. As long as this agreement covers it, we may send you a different type of credit card

from the one you asked for, and replace it with a different type of credit card.

You must not let your account go over your credit limit or use your account if it is already over

your credit limit. Your account must not be used for illegal transactions.

We will charge to your account any amounts arising under transactions, which you or any

additional cardholder make, and any other amounts you have to pay us under this

agreement.

7.2 You cannot use our credit card cheques to pay off any amounts you owe us or to make

payments in foreign currencies. Our credit card cheques are valid until the expiry date printed

on the cheque, and cannot be used after that date.

7.3 Cards and unused cheques belong to us. If we ask you to, you must not use them and must

return them to us. We may at any time suspend, restrict or cancel your or an additional

cardholder's use of a card and/or cheques, refuse to issue or replace a card and/or cheques or

stop the use of the telephone or online service for reasons relating to any of the following:

 

7.3.1 we are concerned about the security of your account or any cards/cheques we have issued to

you or an additional cardholder;

7.3.2 we suspect your account is being used in an unauthorised or fraudulent manner; or

7.3.3 there is a change in your circumstances which gives us reasonable grounds to believe there is a

significantly increased risk that you may have difficulty in repaying the sums you owe under this

agreement.

 

7.4 We may change the account number or pin at any time if we have a good reason. You or any

additional cardholders must only use the cards between the Valid from' and 'end dates' printed

on them.

7.5 We will only accept that you have paid any money you owe us when we receive your

payment at our processing centre.

7.6 Where interest is payable, the earlier you make a payment, the less interest you have to pay.

We do not recommend that you only pay the minimum payment for prolonged periods.

7.7 You must not make payments or transfer funds from another credit or store card to your

account that would leave a credit balance on your account. We may return any funds that

exceed the balance owing on your account to the account from which the money has been

sent.

7.8 If you use the telephone service or the online service, we will let you know what you can use

the service for. When you use these services, we may ask you to provide some of your

security details.

8 Making and stopping payments

8.1 You can stop a cheque if you tell us before we pay it. We may charge a fee of £10, unless the

cheque was lost or stolen. You can stop a recurring transaction if you tell the person you are

paying in time. You cannot stop other transactions other than as set out in condition 8.3.

8.2 The authorisation of a transaction can include authorising any single transaction, a series of

recurring transactions (including transactions for an indefinite period) or pre-authorising a future

transaction of a certain or uncertain amount. A transaction will be regarded as authorised by

you or an additional cardholder where you or an additional cardholder:

8.2.1 authorise the transaction at the point of sale by following whatever instructions are provided by

the merchant to authorise the transaction, which may include:

a. entering a pin or providing any other security code; or

b. signing a sales voucher;

8.2.2 insert a card and provide your or their pin and make a request for a cash advance at an ATM;

8.2.3 make a request for a cash advance at any bank counter;

8.2.4 orally or in writing provide the card details to us or our representative and request a balance

transfer, cash advance or money transfer from the account; or

8.2.5 present (including sending) a completed credit card cheque to any person.

8.2.6 provide us with your security details and instruct us to carry out the transaction.

 

8.3 Authorisation for a transaction may not be withdrawn (or revoked) by you or an additional

cardholder after the time it is received. However, if you or an additional cardholder gives notice

to us or the supplier (providing a copy of the notice to us) then any transaction which is agreed

to take place on a date later than the date it was authorised so long as notice was provided no

later than the close of business on the business day before it was due to take place may be

withdrawn.

8.4 Funds to cover the authorised transactions received by us will be paid over to the retailer's bank

within 3 days following the receipt by us of the instruction to make payment and may take an

additional day if authorised using a paper based authorisation process.

8.5 A transaction will be received as follows:

 

8.5.1 For purchases and ATM transactions, at the time we receive the transaction instruction from the

payment scheme;

8.5.2 For balance transfers or other transactions communicated directly to us, at the time you or an

additional cardholder asks us to complete the transaction.

8.5.3 If a transaction is received after 5pm, the transaction instruction or request will be deemed to

have been received by us on the following business day.

8.6 We may refuse to pay a transaction:

8.6.1 for any of the reasons set out in 7.3 above;

8.6.2 if there are not enough funds in your account to cover the amount of the transaction;

8.6.3 if we have reasonable grounds to believe that you are (or an additional cardholder is) acting in

breach of this agreement;

8.6.4 if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that

a transaction is being made fraudulently); or

8.6.5 because of errors, failures (whether technical or otherwise) or refusals by merchants, payment

processors or payment schemes processing transactions.

8.7 If we refuse to authorise a transaction under 8.6 above, provided it would not be unlawful for us

to tell you why we refused to authorise the transaction, we will do so at the point of the

transaction either orally or in writing depending on the nature of the transaction being made.

You may correct any information we hold and which may have caused us to refuse to authorise

a transaction by contacting us on the Customer Services number shown on your monthly

statement.

9 Refunds

9.1 You may be entitled to claim a refund in relation to transactions where:

9.1.1 the transactions were not authorised under this agreement;

9.1.2 we are responsible for a transaction which was incorrectly executed and you or an additional

cardholder notified us in accordance with condition 12 below; or

9.1.3 a pre-authorised transaction did not specify the exact amount at the time of its authorisation and

the amount charged by a supplier is more than you or an additional cardholder could reasonably

have expected taking into account normal spending patterns on the card or the circumstances of

the transaction.

9.2 A claim for a refund in the circumstances set out in 9.1 above will not be accepted if:

9.2.1 the amount of the transaction was made available to you or an additional cardholder at least 4

weeks before the transaction date;

9.2.2 it is made more than 8 weeks after being debited to your account.

10 Security

You must sign your card and make sure that any additional cardholders sign their cards as soon as you get hem. You must make sure that you and any additional cardholders:

• keep the card and cheques safe and keep the pin and other security

information secret;

• do not allow anyone else to use your card, pin or other security information;

• always learn your pin and other security information and destroy any

notice of the pin straightaway; and

• do not write down or record your pin or other security information without disguising it.

11 Online service security

Our online service is secure. You must always use the sign off facility when you are finished and never leave your machine unattended while you are signed in. As a security measure, if you have not used the site for more than a specified period of time we will ask you to sign in again.

12 Lost and stolen cards and unauthorised or incorrectly executed payments

12.1 You must call us immediately on 0845 728 3848 if the card or cheques are lost or stolen or

could be misused, or someone other than you or any additional cardholder knows the pin or if

you think a transaction has been improperly executed. You need to give us the card number.

If we ask, you must write to us within seven days to confirm your call. The address is Bank of

Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS.

12.2 Generally, you will not be liable for misuse of a card, cheque, pin or security details (other

than by you or an additional cardholder), including where the card is used before you receive

it. You will be liable for misuse by a person who got the card, pin or security details with your

permission until you tell us about the possibility of misuse. However, you will not have to pay

us any money for any loss we suffer because of the use of a card, cheque, pin or security

details where they have been used without your authority in connection with a distance

contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the

Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate

 

authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin.

12.3 In addition, in relation to our online service:

• If you are a victim of fraud through our online service we guarantee that you will not lose

any money on your accounts and will always be reimbursed in full.

• Unless you are a victim of fraud or the payment transaction is incorrectly executed, you

are responsible for all instructions and other information sent using your security details.

• We do not accept responsibility for any loss you or anybody else may suffer because

any instructions or information you send us are sent in error, fail to reach us or are

distorted unless you have been the victim of fraud.

 

12.4 If you find any card or cheque after you report it under condition 12.1, you must cut it in half and,

if we ask, return it to us.

12.5 Telephone service - if you think that someone else knows any of your security details, you must

tell us as soon as you can by phoning the Customer Services number shown on your monthly

statement. You must give us any help we think is necessary to try to find out who might have

used your security details.

12.6 Online service - if you think that someone else knows your security details, you must do the

following:

 

• For your password, change it online as soon as possible. If you have difficulty changing

your password, you must phone the Helpdesk number shown on the online service

website immediately. You can give the Helpdesk your username if you phone them to

change your password.

• To change your additional security details, you will need to phone the Helpdesk

immediately.

13 Breaking the agreement and if you die

If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. We may ask for immediate payment of the full amount you owe if:

• you break this agreement repeatedly or in any significant way;

• you die;

• you have told us something misleading or false; or

• you are in financial difficulties (for example, you are likely to be made bankrupt).

We will follow the correct legal requirements when we do this including the

requirements made under the Consumer Credit Act to serve notices before

certain action is taken.

14 Changes

14.1 You must let us know if your circumstances change in a way which we might not otherwise

know about and which is likely to change our assessment of your financial standing.

Examples of such changes in your circumstances include if you lose your job, your income

significantly reduces for whatever reason or if you are off work due to long term sickness.

14.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will

only reduce your credit limit or cash limit if we have a good reason, for example, your

circumstances change or because our assessment of the risks of lending to you changes.

For any other changes, we can change this agreement, including the interest rates and

charges, for any good reason. We will give you at least 30 days' notice in writing of any

change to your disadvantage, other than a change to your interest rates, cash limit or credit

limit. We will give you at least 7 days' notice of any change to your interest rates or any other

change to these conditions that is not to your disadvantage.

14.3 We may offer you benefits along with your account and we will tell you what benefits we offer.

We may change, withdraw or suspend these benefits at any time by giving you reasonable

notice.

/

15 How we limit our liability

We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any abnormal and unforeseeable circumstances beyond our control, including but not limited to:

• any consequences which would have been unavoidable despite all efforts to the contrary; or

• our compliance with legal and regulatory requirements.

16 Additional cardholders

You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional

 

cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us.

17 Ending or suspending this agreement

17.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us if we ask.

18 Transferring rights under this agreement

18.1 You may not transfer any of your rights or duties under this agreement.

18.2 We may transfer any or all of our rights or duties under this agreement to another

organisation (including organisations outside the European Economic Area). If we do this,

we may let them have any information about you or an additional cardholder. We may also

arrange for any other person to carry out our rights or duties under this agreement. Your

rights under this agreement and your legal rights (including under the Consumer Credit Act

1974) will not be affected.

19 General

19.1 We may send any notices, statements or other information to the last address you gave us

(including an electronic address if you receive documents through our online service). We

will treat them as arriving two days after we posted them. If you receive your documents

online, we will treat them as having arrived one day after we send the email notifying you that

the document is now available to view.

19.2 We can monitor and record phone calls to or from us. We do this to check what was said and

also to help us train our staff.

19.3 We can delay in enforcing, or fail to enforce, our rights under the agreement without losing

them. We may also accept part-payments marked as 'payment in full' or with similar wording

without losing our right to claim full payment.

19.4 Each paragraph and subparagraph in these conditions is separate from the others. This

means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our

right to enforce any of the others.

19.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts

(Rights of Third Parties) Act 1999.

19.6 This agreement is governed by English law.

TBTHC2TH1R 73.00.00191009

[tony3x]

Here is the Halifax agreement:

 

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

1. PARTIES

The parties to this Agreement are Halifax plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2. KEY FINANCIAL INFORMATION

2.1 We will decide your credit limit and tell you what it is. We may change it at any time and

will let you know about any change.

2.2 We will send you a monthly statement, unless there have been no payments into or out of

the account during that period and the balance is nil. Each month, you must repay at

least 2% of the amount you owe us, or £5.00, whichever is more. If the amount you owe

is less than £5.00, you must pay the full amount. Your statement will show the minimum

you must pay and the payment date.

2.3 The APR for the Agreement is 19.9%APR (variable).

3. OTHER FINANCIAL INFORMATION

 

3.1

3.2

The total charge for credit is £153.33, consisting of £153.33interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement.

Our interest rates are as follows.

 

 

On balance transfers, related interest and charges

On cheques, related interest and charges

On cash advances, related interest and charges

On purchases and all other amounts

Special promotion rate per annum (fixed)

0.0%*

N/A*

N/A*

0.0%*

Special promotion period

12 months from account opening

N/A

N/A

3 months from account opening

Standard rate (variable) per annum (compounded)

19.94%

21.95%

22.95%

19.94%

 

3.3

*The special promotion rate will not apply to balances we agree to transfer to this account from other cards issued by Halifax plc. These will be charged at the appropriate standard interest rate shown above for the type of transaction originally carried out.

We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding

 

the monthly interest rate over 12 months. The simple interest rates (not including interest

being charged on interest) are:-

Balance transfers 1.527% per month

Cheques 1.667% per month

Cash advances 1.736% per month

Purchases 1.527% per month

3.4 We will not charge interest on purchases shown on your current statement for up to 59

days from the date of the purchase, if you pay the total balance shown on that statement

by the payment date (and have also paid the total balance on the previous statement by

the payment date). Where we do charge interest on purchases, we charge it from the

date of the transaction. We will always charge you interest on cash advances from the

date of the transaction and for cheques, balance transfers and all other amounts from the

date we first charge the amount to your account.

3.5 If you do not pay the total balance shown on your statement, at the date of the next

statement we will add the interest we have charged on the unpaid amount to the balance

we charge interest on. We will continue to charge interest, at our usual rates, on any

unpaid balance after this agreement has ended and both before and after we have got a

court judgment. If we allow you to miss or reduce one or more monthly payments, we will

continue to charge interest on the full amount you owe on your statement (including on

the interest for that month).

3.6 We use all payments you make to pay off your balance in the following order:-

 

1) Transactions that appear on your statement, starting with those on which we do not

charge interest, then those on which we charge interest at the lowest rate and so on up to

the highest rate of interest

2) Transactions not yet shown on your statement in the same order as above.

In this condition, "transaction" includes the amount of the purchase, cash advance, cheque or balance transfer plus any interest, fees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction. If a payment is not enough to pay all transactions charged at a particular rate of interest, we will use the payment firstly to pay off the interest, then any fees, insurance and finally the amount of the purchase, cash advance, cheque or balance transfer within that interest rate band.

3.7 When we work out the APR, we do not take into account any changes to the interest rate,

charges or fees. We may change these and also introduce new charges and fees which

may affect the APR at any time by giving you notice under condition 12.2.

4. KEY INFORMATION

4.1 We will charge:-

• £25.00 each time you do not make a minimum payment by the payment date.

• £25.00 if your account balance is over your credit limit on a statement date.

• £25.00 each time a direct debit, cheque or other item is not paid, including a cheque

which you write.

4.2 We will charge handling fees for cash advances, balance transfers and cheques; a

minimum interest charge; and a fee for transactions in foreign currency, all of which are

shown in condition 5.

 

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, Halifax plc cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the

amount you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from

any bought with a cash loan, you may have a right to sue the supplier, Halifax plc or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you

may still be able to sue Halifax plc.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

THEFT. LOSS OR MISUSE OF CREDIT CARD

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to Halifax plc. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to Halifax plc for losses which take place after you have told Halifax plc about the theft, etc as long as you confirm this in writing within seven days.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to Halifax plc, Card Services, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS. You have ten days starting with the day after you received this copy. You can use the form provided.

If you cancel this agreement you, will still have to repay any money lent to you. But if you repay all of it within one month after cancellation, you will not have to pay interest or other charges. Any money you have paid must be returned to you.

Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request.

You will not, however, be required to hand back any goods supplied to meet an emergency or

which have already been incorporated, for example in your home. But you will still be liable to

pay for emergency goods or services or for any goods which have been incorporated by you or

one of your relatives.______________________________________________________________

CANCELLATION FORM

(Complete and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To Halifax plc, Pitreavie Business Park, Dunfermline, Fife, KY99 4BS: I/We* hereby give notice that I/We* wish to cancel this credit card agreement.

Signed

Date

--1

*delete as appropriate

Please note that the cancellation rights above only apply if this is the first credit card you

_______ have received under this agreement_________________________________________

I wish to purchase Credit Card Repayments Cover. [ ]

I wish to purchase Card Care [ ]

I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in this agreement.

Your Signature

Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree:-

a) that the details provided by you in your application are correct;

b) that your data may be used as set out in the Data Protection Declaration on the

application form; and

c) to be bound by the General Credit Card Conditions.

GENERAL CREDIT CARD CONDITIONS

5. Charges

5.1 We make a handling charge of 2.5% (at least £2) for cash advances and 2% (at least £2,

but no more than £50) for balance transfers. We may also limit the amount you can take

out as a cash advance to a percentage of your overall credit limit. We will tell you what

this cash limit is when you open your account. We will also tell you if the percentage

changes at any time

5.2 We may charge a handling fee of 2% (at least £2) for cheques offered at special

promotional rates other than a special promotional rate you received when your account

was opened.

5.3 If in any month you incur interest and this is less than 50p, we will make a charge of 50p

which will be added to your account in place of the interest.

5.4 If you make transactions in a foreign currency, we will change the amount to sterling at

the exchange rate used by the payment system. We will charge 2.75% of the value of

each foreign-currency transaction. The sterling amount shown on your statement will

include this charge. If the transaction is a cash advance we also charge the cash

advance handling charge shown above

5.5 We may change any of the charges listed in condition 4.1 or this condition 5 and

introduce new charges at any time by giving you notice under condition12.2.

6. Words with special meanings

 

 

'We', 'us' and 'our' mean Halifax plc and any organisation that takes over the benefits of this agreement. The words 'you', 'your' and 'yours' refer to the person who entered into this agreement with us. The following words have a special meaning.

Balance transfer - any balance we allow you to transfer from another UK account. Card -any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller's cheques or foreign currency obtained by using the card. Cheque - a cheque which we send you to draw money from your account. Continuous payment authority - your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases - goods and services bought using the card or card account number. Transaction - a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder.

7. Using your account

7.1 We will open a credit card account for you and give you and any additional cardholder a

card each. As long as this agreement covers it, we may send you a different type of

credit card from the one you asked for, and replace it with a different type of credit card.

We may refuse to replace a card if you do not keep to this agreement.

You must not let your account go over your credit limit or use your account if it is already

over your credit limit. Your account must not be used for illegal transactions.

We will charge to your account any amounts arising under transactions, which you or any

additional cardholder make, and any other amounts you have to pay us under this

agreement.

7.2 You cannot use cheques to pay off any amounts you owe us or to make payments in

foreign currencies.

7.3 Cards and unused cheques belong to us. If we ask you to, you must not use them and

must return them to us. We will only ask for them if we have a good reason. For

example, if you are not keeping to this agreement, or for security, technical or design

reasons. If we ask you to return the card or if we believe the card is being misused, we

may also put a 'stop' on it. This will prevent you from using it. We may also do this to

minimise the risk of fraud if your account has not been used for more than 12 months.

We may change the account number or pin at any time if we have a good reason. You or

any additional cardholders must only use the cards between the Valid from' and 'end

dates' printed on them.

7.4 We will only accept that you have paid any money you owe us when we receive your

payment at our processing centre.

7.5 Where interest is payable, the earlier you make a payment, the less interest you have to

pay. We do not recommend that you only pay the minimum payment for prolonged

periods.

7.6 You must not transfer funds from another credit or store card to your account that would

leave a credit balance on your account. We may return any funds that exceed the

balance owing on your account to the account from which the money has been sent.

8. Stopping payments and refunds

8.1 You can stop a cheque if you tell us before we pay it. You can stop a continuous

payment authority if you tell the person you are paying in time. You cannot stop other

transactions.

8.2 We will only make a refund to your account if we have reasonable proof that you are

entitled to a refund.

9. Security

 

You must sign your card and make sure that any additional cardholders sign their cards as soon as you get them. You must make sure that you and any additional cardholders:

• keep the card and cheques safe and keep the pin and other security information

secret at all times;

• do not allow anyone else to use your card, pin or other security information;

• always learn your pin and other security information and destroy any notice of the pin

straightaway; and

• do not write down or record your pin or other security information without disguising

it.

10. Lost and stolen cards

10.1 You must call us immediately on 08457 20 30 99 if the card or cheques are lost or stolen

or could be misused, or someone other than you or any additional cardholder knows the

pin. You need to give us the card number. If we ask, you must write to us within seven

days to confirm your call. The address is Halifax Card Services, Pitreavie Business Park,

Dunfermline, Fife KY99 4BS.

10.2 Generally, you will not be liable for misuse of a card, cheque, or pin (other than by you or

an additional cardholder), including where the card is used before you receive it. You will

be liable for misuse by a person who got the card with your permission until you tell us

about the possibility of misuse. However, you will not have to pay us any money for any

loss we suffer because of the use of a card, cheque or pin where they have been used

without your authority in connection with a distance contract as defined by the Consumer

Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance

Marketing) Regulations 2004. We may give the appropriate authorities any information

we consider relevant about the loss, theft or misuse of a card, card account number,

cheque, or pin.

10.3 If you find any card or cheque after you report it under condition 10.1, you must cut it in

half and, if we ask, return it to us.

11. Breaking the agreement and if you die

If the agreement is broken, we will charge you for any loss, costs or expense we have to reasonably pay as a result. You must pay us immediately any amount you owe that is more than your credit limit and the amount of any transaction that breaks this agreement. We may ask for immediate payment of the full amount you owe if:

• you break this agreement repeatedly or in any significant way;

• you die;

• you have told us something misleading or false; or

• you are in financial difficulties (for example, you are likely to be made bankrupt).

We will follow the correct legal requirements when we do this including the requirements

made under the Consumer Credit Act to serve notices before certain action is taken.

12. Changes

12.1 You must write to us immediately if you or any additional cardholder changes your name

or address. You should also advise us of any material changes to your personal

circumstances that might have an impact on the credit limit assigned to you or to

additional offers that we may make.

12.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we

will only reduce your credit limit or cash limit if we have a good reason, for example, your

circumstances change or because our assessment of the risks of lending to you changes.

For any other changes, we can change this agreement, including the interest rates and

charges, for any good reason. We will give you at least 30 days' notice in writing of any

change to your disadvantage, other than a change to your interest rates, cash limit or

credit limit. We will give you at least 7 days' notice of any change to your interest rates or

any other change to these conditions that is not to your disadvantage.

 

12.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice.

13. How we limit our liability

We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any cause beyond our reasonable control, including but not limited to:

• if any person or machine refuses to accept a cheque or a card; or

• strikes, power cuts or equipment faults.

14. Additional cardholders

You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us.

15. Ending or suspending this agreement

15.1 You may end this agreement immediately by giving us written notice. We may end this

agreement by giving you written notice. Normally our notice will be at least 30 days, but,

if there are exceptional circumstances for doing so, we can end this agreement

immediately. If we do this, we will send you notice immediately after the agreement has

been ended, unless by law we must tell you first. If your agreement is ended, you must

pay us everything you owe (including amounts we have not yet put on the account). You

must also destroy all cards, by cutting them in half, and destroy all unused cheques, or

return them to us if we ask.

15.2 We may restrict or suspend your account at any time without notice if we reasonably

believe it is necessary for business or security reasons.

16. Transferring rights under this agreement

16.1 You may not transfer any of your rights or duties under this agreement.

16.2 We may transfer any or all of our rights or duties under this agreement to another

organisation (including organisations outside the European Economic Area). If we do

this, we may let them have any information about you or an additional cardholder. We

may also arrange for any other person to carry out our rights or duties under this

agreement. Your rights under this agreement and your legal rights (including under the

Consumer Credit Act 1974) will not be affected.

17. General

17.1 We may send any notice or other information to the last address you gave us. We will

treat them as arriving two days after we posted them.

17.2 We can monitor and record phone calls to or from us. We do this to check what was said

and also to help us train our staff.

17.3 We can delay in enforcing, or fail to enforce, our rights under the agreement without

losing them. We may also accept part-payments marked as 'payment in full' or with

similar wording without losing our right to claim full payment.

17.4 Each paragraph and subparagraph in these conditions is separate from the others. This

means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our

right to enforce any of the others.

17.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts

(Rights of Third Parties) Act 1999.

17.6 This agreement is governed by English law.

TH1R 7.263 TBTHC2 07/05

[tony3x]

Both of the above agreements were received in the same envelope and look like they had been typed up just before being sent.

 

I think I may have to write back and ask how I am to know which agreement applies to me as I have not signed either of those.

[tony3x]

On 3rd December I sent the following:

 

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.

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 25/11/2009 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 have yet to receive a reply. What action should I take next?

[London000]

...............................

I have yet to receive a reply. What action should I take next?

 

 

Hi there Tony,

 

IMHO I would wait for their reply, then I would post it up for others to give you a hand:)

 

Do not panic or worry as you are in a very good hands here.

 

Keep us updated.

 

DD:cool:

[tony3x]

Still no reply from Halifax - proof of delivery for 7th December.

 

Should I write again with a reminder or just keep waiting?

[tony3x]

I have received a few phone calls from Robinson Way where they ask me to confirm my personal details. Each time I ask them the reason for the call and they state that they are not allowed to tell me unless I confirm personal details. They also ask if I have received their letter, which I have not.

 

I have several accts in dispute and have no idea which one they are acting on.

 

Is this normal for them and am I dealing with it in the right way.

[Bazooka Boo]

Yes you are dealing with them in the right way, in as much as not going through their hilarious 'security questions' as they like to call it.

 

Next time they ring, put the phone down. And do that each and every time they try to ring you. If there not prepared to tell you what they want they can foxtrot oscar;)

 

You can also send them this via recorded delivery.

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Robbers way are very easy to get rid off, and bait!

 

Don't talk to them over the phone, send everything recorded delivery, and always print your name never sign letters.

[boswell]

Yes thats right as BB states dont confirm anything, they're phishing and as regards Letter dont even confirm yes or no.

Another DCA tried that one on me when i said no they said could you please confirm your correct address and postcode, i smelled a rat and as BB says i told them to Foxtrot Oscar, never heard from them again.

[tony3x]

Received a letter today dated 22/01. The same day as the first call to me.

 

Not sure where to go now as I wrote to Halifax on 3/12, signed for 07/12, with some questions after they sent a reconstituted CCA but have not received a reply.

 

Should I CCA Robinson Way or write to Halifax asking why they have not replied.

[tony3x]

No reply from Halifax but have received the attached letter from Robinson Way (along with a couple of phone calls before the letter was received).

 

Do I write to Halifax asking why they have not replied to my previous letter or CCA Robinson way?

[rhos123]

hi, tony3x i also have had theses recons, after cca request, and sent letter to halifax, no responce from them. i think it would be best to wait for a reply. if i were you dont bother wasting a stamp on robbersway!. it seems halifax are sending a lot of these copy & paste recons out in requests to s.78, may be they are having problems finding the original ones:D

[boswell]

Cant read the letter it's too small and blurry, try scanning and upload it to photobucketan and post the link here so ppl can have a look and advise, make sure you remove any identifying information, acc no's, ref no's and signatures.

Has anyone on CAG looked at and advised you about what Halifax sent you? If not it may be worth posting that as well, remembering to remove personal info again.

[reallymadwoman]

If you don't feel comfortable ignoring Robinson Way, a straightforward letter saying the account is in dispute with the original creditor and you are not prepared to communicate further with them until the dispute is resolved not only puts you on the moral high ground but gives you justification for ignoring anything else they do.

 

I'm sure you've already read that when they phone just refuse to answer their security questions and hang up.

 

You are perfectly justified in letting Halifax take their own sweet time about replying to you. Don't bother chasing them up - they have a consumer credit licence so they should know what the rules are.

[tony3x]

Didn't realise it was so small.

 

Here is an RTF scan.

 

Have posted previous letters in Halifax forum as did not know until today that this was from them.

 

Will post the letter there as well.

 

 

 

Date 22/01/10

 

Dear

 

Due to HBOS

Amount Due £

Account No. . . __. Reference No.

 

FORMAL DEMAND FOR PAYMENT

 

HBOS have authorised us to recover the full amount you owe, shown above. This is a formal notice of intended court action. We may take action unless "YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER.

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur:

* A process of enforcement by court officers

* An order for deductions from your earnings

* An unpaid court order may make credit difficult to obtain

This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST be now made to Robinson Way, NOT HBOS.

 

Yours faithfully

 

 

 

Collections Manager

Call us now to pay using a debit or credit card - or visit our website http://www.robway.co.uk to pay online, or to make a payment offer.

Other payment instructions, including a giroslip, are set out overleaf.

[tony3x]

thanks for the replies. Just realised that the scan is very small so here is the text of the letter. Will probably send them the acct in dispute letter.

 

 

Date 22/01/10

 

Dear

 

Due to HBOS

 

Amount Due £

 

Account No. . . __. Reference No.

 

FORMAL DEMAND FOR PAYMENT

 

HBOS have authorised us to recover the full amount you owe, shown above. This is a formal notice of intended court action. We may take action unless "YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER.

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur:

* A process of enforcement by court officers

* An order for deductions from your earnings

* An unpaid court order may make credit difficult to obtain

This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST be now made to Robinson Way, NOT HBOS.

Yours faithfully

 

 

 

Collections Manager

 

Call us now to pay using a debit or credit card - or visit our website http://www.robway.co.uk to pay online, or to make a payment offer.

Other payment instructions, including a giroslip, are set out overleaf.

[boswell]

Thanks for that, much clearer. I haven't much exp of Robaway, but all DCA's try the same tactics its full of "intended" "we may" and "if".

What was the comment on your CCA was it considered enforceable? Because according to your first post they have failed to comply with your CCA request in the statutory time 12+2.

[reallymadwoman]

1. It's against OFT guidelines to ask you to pay with a credit card.

 

2. If you read it carefully, there are lots of things that might happen. Absolutely none of those will happen if they cannot produce the original agreement in court, always assuming they ever had any intention of going anywhere near a court, which they don't.

 

3. That is not a proper 'letter before action' in accordance with the civil procedure rules. Ignore it, or send them the 'bog off' letter I suggested before.

[Bazooka Boo]

Normal riff raff and drivel, shouldn't worry about it, robbers way are near the bottom of the food chain, your name is in their system now, so expect to get at least one letter a week, then it will go up to every other day, they keep coming until you either contact them and pay them, or they flog it on!

[F_DCAs]

According to one previous poster telling a story regarding a phone call he had with RW, they call a CCA request a 'thingy'.

 

That's how much RW know about the law that governs the industry it works in - not that this bothers those repsonsible for applying the law.

[Gazza112]

Hi Tony

 

If you have already CCA'd Halifax and not had a reply, use the following letter to Robinson Way. I had dealing's with this company, they are easy to get rid off.

 

Address

 

 

Date:

 

 

Robinson Way Limited

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

 

 

Dear Sir/Madam ACCOUNT NUMBER:

 

 

YOUR REF: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

Thank you for your letter dated xxxxxx, the contents of which are noted. With reference to the above account, I requested on the Date xxxxx that Halifax send me a true copy of this credit agreement before I will correspond further on this matter.

 

My request still remains outstanding, you will need to supply the documents that I have asked for and you can show me that you have full wrights of this alleged dept.

I will not correspond with you any further. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. For the sake of clarity, may I also draw your attention to the following: Consumer Credit Act 1974 s.175 Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary,

 

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

5. A copy of your Consumer Credit Licence

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment. I look forward to hearing from you within the statutory time limit. I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully

 

 

Gaz

[tony3x]

I have written to RW stating that the account is in dispute because Halifax have not replied to a letter sent to them on 3/12/09.

 

They have rung again and I said that I have replied to their letter and will only communicate in writing. Girls said ok and would I like them to remove my phone number from their records. Of course!

 

Now more waiting.

[tony3x]

Robinson Way have replied with the attached letter. Should I write back referring them to Halifax or just tell them that Halifax have not yet complied with a CCA request?