Halifax CCA - Not Quite Sure

[Sare Heid]

hi,

 

OH received the attached from DCA following CCA request.

 

on first impression i thought this looked ok then reading through i became suspicious;

- no prescribed terms on signature page

- in 'your right to cancel' box under signature it says eaxact details will be sent to you, however,

- on back of page, there is another longer version of 'your right to cancel'.....mmmm strange, the content on back of page (2) looks like a photo copy of trifold T&C's leaflet pasted on.

 

OH had a DN for this one earlier in year which referred to cl.2.2 of t&c's as cause of breach - no such clause on this 'agreement', which is pre 2002.

 

would appreciate some thoughts on whether enforcible or not.

 

cheers

 

SH

 

scan0042.pdf

[Sare Heid]

bump

[Sare Heid]

Bumping - any comments / opinions on content and enforcability of attached (post #1) cca would be appreciated.

 

Cheers

 

SH

[firstship]

Hi Sare,I regret you will find the agreement and the T&Cs comply,at this point,it will be considered as a reconstituted agreement.In a court the OC/DCA have to submit a copy of the signed agreement,they will also submit proof of payments you have made during the period of the life of the credit card and more and more this is sufficient for the OC to win.This is IMO.

 

You will I am sure receive alternative opinions FS