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beetlebug1

Halifax Cca

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posting this on behalf of a friend with no internet access. have also posted in the halifax section.

 

posted letter below to halifax on the 19th october

 

Halifax

P.O.Box 607

Trinity road

Halifax

HX1 2RG

 

Dear Sir/Madam

 

Re: − Account Number XXXXX

 

this letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

this came back

http://i1017.photobucket.com/albums/af291/beetlebug1/halifaxagreement.jpg

is this agreement enforcable and if not what does she do next. thanks in advance

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Hi,

 

You will have to help us out a bit here.

 

On the right hand side I can see some terms. Do they include:

 

The APR

Credit limit or a statement that one will be set

Repayment terms

 

If they are there, I would suspect it would be enforceable.

 

fox


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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thanks silver fox

 

i am having trouble reading it, very bad photocopy.

 

under the terms of the agreement as set overleaf the leeds will determine and notify you of the credit limit from time to time

 

interest will be charged on a daily basis at the rate of 1.49% ( can't find an apr finger)

 

within 25 days of the date of your monthly statement you must repay at least 5% of the amount shown as outstanding or £5

 

hope this helps

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can anyone have a look at this and tell me if it is enforceable or not

 

thanks

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Hi based on what you have said, this could be enforceable

 

They do include APR's for outstanding balances


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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