Is this enforceable?

[Guest HeftyHippo]

In response to a Subject access request, Halifats sent me the following 2 pages which they insist forms an agreement. (MY CCA met with a reconstructed agreement that I didn't trust)

 

The 2nd page does show some of the prescribed terms (maybe all of them) but the 2 pages are obviously not all that there was originally as the last statement (above the 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.

 

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. They are different layouts and texts. 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. If it were not for the fact that the pages have Halifax on them, the 2 pages could even be from agreements with different banks!

 

So, is the 'agreement' that they sent enforceable? Unsurprising, they insist that it is. If enforcebale, is it enforceable out right, or only with a court order?

 

If it isnt is there a template/post describing what is wrong with it, or a suitable response? 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 so they can give it to DCAs. (which appears to be true).

 

 

 

 

[Halibutt]

My feeling is that you've answered your own initial question - the "agreement" - re-constituted or otherwise - is incomplete, even if it is just the T&Cs.

 

Also, did they send a statement detailing payments to the account so far and any interest or admin charges added to the account since initial alleged default on arrears?

[Guest HeftyHippo]

Hi

Oh, they sent tonnes of other stuff, most of it undecipherable. As far as charges added since the alleged default, can't be sure off the top of my head but I think they did.

 

As I said, I'm being hounded by a succession of DCAs, and its driving me mental. They obviously claim it is valid and enforceable, but there isn't any justice if thats the case.

 

I want to put it to bed and either negotiate payments if it is enforceable, or try to agree a small settlement figure if it isn't, so I need to be pretty sure what would be likely to happen in court if it went that far. Hence I want to be as sure as I can about enforceability.

[Guest HeftyHippo]

Do the day shift have any help to offer. Usually, there's an abundance of opinions about whether an agreement is enforceable, so I'm surprised there is so little comment here, although I appreciate the advice offered.

[Guest HeftyHippo]

Does the twilight shift have any opinions on the enforceability of this so-called agreement?

[Hardupnotfedup]

There does appear to be some T&C missing, as you say where is section 8.2 sorry can't be of more use.