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Halifax havn't fully complied with cca request - what do I do now?


waroo
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Please ensure you you remove all ID, bar codes funny square boxes, names addresses, AND reference numbers

Yours is still on your post Rhos.

 

thanks bb, i have left the ref no on so that the smelifax trolls that look in can indeed follow up on what they sent!

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Did wonder if that was the case, shallowfax and their 'clients'.....they'll get taken away for speaking to themselves!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Nice if you want them to see :) Maybe they'll actually understand something you're on about...Wait...Hell isn't due to freeze over for at least another few billion years lol...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Just an update, things are getting a bit strange now.

 

I today received a letter from Halifax enclosing a copy of the original signed application form!

 

They go on to say the prescribed terms of the agreement would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a separate attached sheet. By providing the documents attached to this letter we have satisfied our obligation to provide a copy of the exectuted agreement....

 

The photocopied sheet is headed Credit Card Application and contains my name, address, DOB, employment title & salary on one half & a cardholder declaration which includes a statement about I understand my application may not be accepted.

 

I was under the impression that prescribed terms re interest, repayments etc had to be on the agreement.

 

There is a signature box at the bottom with my current signature on it and a date which has had the year clearly altered (I can't make out what it originally said but has been altered to 04)

 

The branch have then signed it and again altered the date to read year 04.

 

My main concern is that the 16 digit number written on the top is not my card number or anywhere close. I did have an old card which was stopped and transferred in 2005 when my purse was stolen but it's not that number either.

 

I'm going to take a photo & hopefully load it up on here if someone could be so kind as to take a look.

 

Thanks

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An a pplication form WITHOUT some of the prescribed info. IS NOT acceptable if they wish to persue any legal action. If not, tell them to foxtrot oscar :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hopefully this will work

 

DSCN1164.JPG

 

You can see where I've covered over personal info but I've left the year showing in the signature box so you can see how it's been altered

DSCN1164.jpg

Edited by waroo
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Too small for me I'm affraid...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I'm not sure. The date showing on the form is 3 weeks after I got back off honeymoon & it's a Thursday - I would have been at work 9am - 5pm out of town so no way could have been in branch that date & I'm pretty sure after 3 weeks off I wouldn't have had a holiday day & I'm do remember saving up my holidays so I could take 3 weeks off when I got married so I wouldn't have had any days left to take.

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Hi,

The said branch would be my nearest one, there is nothing on the reverse. The cover letter states below:

 

"...the prescribed terms of the agreement would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a separate attached sheet. By providing the documents attached to this letter we have satisfied our obligation to provide a copy of the exectuted agreement..."

 

The copy I've posted is all I've received.

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The original year on the "for halifax use only" looks to me to be an "08" - changed as you say to "04"

 

An application will be takesn to act as reg agreement if clearly headed it is a credit agreement regulated under the CCA74, which should also be repeated above your box for signature - AND contains all of the pres terms as denoted by s60(1).

 

Under s61(a) - the pres terms have to locted WITHIN the executed agreement - if they are not within the executed agreement (i.e between the first page and signature (executed page - which if consists of more than one page - must be clearly numbered with a clear relationship between them). Then the agreement is not correctly exeucted under s65 only a court can enforce - which under s127 they are prohibited from doing so.

 

Now if they say the pres terms were on the reverse of the (in this case) single page documument/agreement - then then page 1 i.e the one asking for your personal details etc, must direct you overleaf to the said pres terms (thats of course if they were REALLY there !!!)

 

No direction to such .. then you can argue they weren't there - you don't recall them being there - which will mean that the original (which should be reqd anyway by the Judge) will be required for inspection.

 

A futher reason for the demand of inspection of the original is the change of dates - which as it is a legal document should (if genuine) have been initialled by both you and them. But we know that you dispute the change - so you want to see the original to prove that origin of the changes.

 

Some judges are being stuffy and accepting copies if the lender presses them - and the debtor has no good reason to inspect the original. In your case though your argument to see the original (which will prob see Halifax off) is the fact that you dispute the claim the pres terms were on the reverse of the app, and more importantly you do not believe, the alleged as true copy agreement provided is genuine - and only inspection of the original will satisfy you and Counsel other wise.

 

Stick this in you letter of dispute to Halifax - I would doubt they have the original for them to defend your accusation, and you'll probably be passed round the DCAs until it falls off after 6 yrs.

 

Sure others will direct you also - but this may be a point to start with.

 

Abs x

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Can anyone help with the end of my 'account in dispute' letter.

 

I have copied this from the bottom of one I've found on this forum

 

"Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages".

 

I'm not sure if this is acceptable to put, is it? Basically my letter says the document they've sent doesn't contain any of the prescribed terms etc with details of the relevant sections and so on which I'm pretty happy with but I'm struggling to find an appropriate ending. I think I need some advice from anyone who's done this before as this bit is new to me.

Thanks

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you very much for that! Much appreciated
Wouldn't you like to see in your terms etc the bit about the apr for lifetime of balance and how it changes to standard apr if you default or would it be better holding this back .if and when it went to court it would then be obvious they have not supplied a true copy?as there is no mention of this in what they have sent?
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hi i recieved the same stuff from halifax and am going to send the letter of dispute, im still waiting for the true copy, all the best georghe

 

hi george i indeed belive they do not have the true copy, if they had it they would indeed send it:wink:

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they sent me two agreements the old and current one they are completely different with different interest rates and conditions, no idea which is which it doesnt say,one has ppi box to sign one doesnt, but they both just typed up copies from there files all the best george

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Just a quick update on things - I received a reply from Halifax who have basically said they have complied with my resquest and fulfilled their obligations (details of acts & sections etc all included in their letter). Ended the letter saying the argreement is enforcable & will continue to treat it as such & for the avoidance of doubt the CCA 1974 does allow for collection activity even if an account is in dispute.

 

On the same day I received the above letter I also received another default notice. The first one gave me to the 26th to make payment & the one I've just received was dated the 26th & gave me until the 9th Nov to make payment. Do they have to just give 14 days or do they still have to allow for service?

Thanks

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Matters not, the first DN they sent is the ONLY one that you need worry about, the agreement is already terminated if you didn't rectify the account by the 26th, they cannot possibly believe that they can simply send out more DN's, it MUST give you a clear 14 days in which to rectify, AND it MUST state a specific date.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Just an update. Further to my post #45 - the second DN gave me until the 9th Nov to remedy, however, I have received a letter dated the 7th Nov stating I failed to pay up by the date in the DN so they have ended my agreement & it will now be passed to debt collectors, all this after I sent an account in dispute letter which they responded to as per my earlier post stating that it isn't in dispute as far as they're concerned.

What now? Should I just wait & see?

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Accept the recision of contract and place the account in dispute. This means that they can ONLY persue for the ARREARS!!!!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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THanks for the reply, sorry to be a pain but how do I go about that - is there a letter template or is it a simple letter saying thankyou for the termination of the account I accept it. To put the account in dispute would that go in the same letter and what should I put. I want to make sure I get it right but don't want to give away any vital info to them that may go against me.

Thanks

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Dear Sir/madam,

 

With reference to your letter dated dd/mm/yyyy I accept your unlawful rescision and look forward to your prompt reply.

 

Or words to that effect, there is no template as such, but you need to write them informing them that you accept, send it recorded delivery also.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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