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Hi,

 

I have a Halifax credit card with approx £1800 on. I've been on a repayment plan at £31 per month for 11 months as I lost my job, they accepted eventually. They recently sent me a statement with £40 odd interest on and said I was in arrears etc. They also issued a default.

 

I sent them the CCA request on 3rd Dec 2010, nothing back. So on the 2nd March 2011 I sent them the following letter. Which I found on these forums.

 

I refer to the above mentioned account, and with reference to my letter dated 3rd Dec 2010 sent by recorded delivery I wrote to you on the 3rd Dec 2010 by recorded delivery requesting an original signed copy of the original credit agreements and as such I enclosed a cheque made payable to yourselves for the sum of £1. This represented the legal requirement of payment for the request. I have evidence and can prove you have cashed the cheque in which I sent. You have failed to provide me with my written request which I have a legal right to ask for. In essence you have taken payment but failed to supply me with my request. This constitutes an offence in Section 78(6)(b) Of the Consumer Credit Act, and as such you are in default and the agreements are now totally legally unenforceable.

As such, I would point out your obligation under the Consumer Credit Act is as follows; s78(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 22nd Dec 2010 and subsequently committed an offence on 21st January 2011.

I now await your letter of confirmation that the debt is written off, as you have been unable to produce the paperwork required by law. And I demand that as you cannot prove that the debt ever existed, to remove any negative entries on my credit file relating to this matter immediately, as they are unsubstantiated.

 

 

I received a letter dated 15th March 2011 enclosing a 'reconstituted copy of you original and current terms and conditions'. They've also 'requested a copy of the original signed application form from the relevant department.' You will receive this shortly' Nothing yet.

 

Any ideas/advice what I should do or be doing or what my next step is?

 

Thanks

Edited by mattwing79
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Mat Hi you have done all the correct things to date

 

The recon agreement and T&Cs comply with the current legislation,assuming all the info is correct(need to post it up to be sure)we can have a look?

 

Is there any PPI involved,any charges involved?

 

Is the DMP your own or are you using a 3rd party?

 

Keep paying Halifax it is always good to have a good payment trail for the future.

 

Regards FS

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No PPI involved, the dmp is something i set up myself and I am maintaining payments to them.

 

The only thing is that the addresses are different in the documents. The address on the original agreement is where I was at the time I took it out, the second is where I am now. Surely they should be the same??

 

 

2wgvkif.jpg

halifax2.jpg

Edited by cerberusalert
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I've removed the first attachment as it contained your name.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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matwing.continue to pay the amount £31to Halifax,and continue with your DMP.this honestly is the best way forward

 

The address situation is not an issue where you can expect to challenge Halifax and win in a court.

 

Are Halifax adding charges?

 

Send the letter from the template library regarding 0% interest,its always worth to keep trying with this.

 

regards FS if you post up the 1st part of the recon agreement once you have removed your private details we can confirm OK or not

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209r9m0.jpg

 

kex0rt.jpg

 

They have been adding charges recently and the interest is back at full rate. Where is the no interest template? I tried to find it but couldn't.

Is everything legit with tthese agreements then?

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