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What is required to form an "agreement"?


Guest HeftyHippo
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Guest HeftyHippo

In response to a SAR, Halifats sent me the following 2 pages which they insist forms an agreement.

 

The 2nd page does show some of the prescribed terms (maybe all of them) but the 2 pages are obviously not complete.

 

The last statement above the "Important - you should read this" box at the bottom of p2 refers to condition 8.2, whilst the text above goes from 1 to 1.8. Obviously there are some pages missing containing the general terms and maybe other stuff.

 

Of the 2 pages, there is nothing to link them.Page 1 does not refer to other pages, nor does page 2 as far as I can see (with the exceptions of condition 8.2). Neither page is numbered, but they both contain reference numbers in the bottom corner, but they are totally different - different format, different lengths/numbers of characters.

 

In short, these 2 pages seem unconnected. Although page 1 has my signature to a "credit agreement" there is nothing to say that the stuff on page 2 is THE credit agreement. It could be anyone's agreement.

 

So, is the 'agreement' that they sent enforceable? Unsurprising, Hal insists that it is.

 

If not, is there a template describing what is wrong with it? The dialogue has gone on for long enough and I need to draw a line under it and either accept it is enforceable, or tell them it isn't and to go away or else start court action. I am being hounded by DCAs one after another, and Halifax say that on page 1, I agreed for them to process my data which includes giving it to DCAs. (which appears to be true)

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Guest HeftyHippo

Silly me made the post without links, and the edit button on my post has disappeared.

 

 

 

HalifaxAgreementSARP1Blanked.jpg

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If not, is there a template describing what is wrong with it?. (which appears to be true)

This is a draft checklist I made based on the legislation. Maybe it can be of use? It includes the schedules for a fix-term unrestricted credit agreement.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Sorry, here is the pdf file!

 

Fixed-term unrestricted use.pdf

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Guest HeftyHippo

thanks for that Lord PT. Very comprehensive, but doesn't answer the question in terms of whether the 2 seemingly unconnected pages I have, can be considered an agreement, with or without the missing pages containing conditions 1.9 - 8.2

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Surely if there are pages missing that constitute part of a supposed agreement or if pages are missing that are referred to within that agreement, then it's not a valid CCA as it's not complete?

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Don't forget that enforceable now means through the court and in that instance I would suggest it isn't as 127(3) backed up by Goode and case law is pretty clear and if argued correctly would stop the court enforcing.

 

However its grey in terms of so you understand the legal argument well enough to present to a CC judge if not the other side could convince the court that Carey means...ect ect.

 

Remember just because some here says its not enforceable the creditor will still pursue you for the money.

 

If this were mine and it could be as I have many like it I would stop paying take the 6 year hit and sit tight.

Live Life-Debt Free

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