halifax credit Card Debt

[carriesue]

After almost a year of requesting a CCA from Halifax credit card services' I received T & C's. Today I received what Blair Oliver Scott call an agreement as it has my signature. It's headed "Our Priority Reservation Form"consists of my details but there is a paragraph headed 'The Agreement" which states;

 

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

The parties to this agreement are Halifax plc and the applicant named above.I request that Halifax plc issue a card,PIN and cheque book to me and to any person named as an authorised user. I understand that Halifax plc may use credit scoring techniques to assess my application. You are authorised to share information about me and my account with other lenders through credit reference agencies and fraud prevention agencies in order to make credit decisions, trace debtors and prevent fraud. I have received a copy of and agree to be bound by the Conditions of Use. All information provided by me is true and complete.

Then there is a signature box (signed) which states 'This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

I am not very proficient with the internet and am unable to post the form.

Is this just an application form or an agreement as BOS are becoming very nasty.

With Thanks

[cerberusalert]

Does it contain the prescribed terms within the four corners of the signed document? These should include; credit limit (although this can state it will be decided at a later date), repayment terms, %APR etc.,. If not it would be unenforceable.

[300]

Could be either post it up with personal details obscured. Often application forms were mugged up to seem like agreements. Perhaps to save the paperwork of actually issuing an agreement while hoping to give the customer the impression that what they were signing was an agreement. They usually contain none of the prescribed terms and so are not enforceable even if signed. Read all the print often it says application somewhere.

[carriesue]

Over the page it has 'Halifax Credit Card and Financial Related Conditions' which has a list of interest and charges related to cards, cheques cash advances and purchases.

So i believe this a copy of an application thanks to your help.

I will write to BOS stating this. Is there a template I can use please?

With Thanks

[cerberusalert]

Can you scan or take a digital 'photo using macro-mode and post up both sides of the document after you've removed identifying details? It is not unusual for creditors to try and make a document enforceable by 'adding' to it.

[carriesue]

Thank you for your help Sorry I haven't got a digital or mobile. Will seek assistance and return with details

[carriesue]

Two questions regarding Halifax.

I am writing to BOS regarding no CCA for credit card, only copy of application form received. Have been going through statements and have been charged £60 late payment fees.The £60 deducted would make a difference to my debt.Is there a template letter to reclaim this please.

 

After reading other posts I am still confused regarding authorised overdraft charges. In 2006 I notified Halifax bank re hardship status due to illness, they refused to freeze interest charges on my current account until this year, Can i reclaim it to reduce my debt with them.

Thank you very much

[sunflower99]

Bumping your post as i have not gone down reclaiming charges road yet,

[carriesue]

I am being hassled by DCA's for Halifax credit card owing £800. I am still able to pay Halifax direct. Current account with Halifax was closed and unable tocontinue token payments.. I owe £2,500 and being chased by DCA's. Going on Experian I still owe The Halifax for both accounts. Is there a template that I can use to send regarding why DCA's have got involved ? Many Thanks

[citizenB]

Their terms and conditions would have allowed for the use of 3rd party agencies.

 

If you have a payment arrangement in place with Halifax, then the DCA should continue with that arrangement.

 

Has the account been assigned/sold to the 3rd party or are they simply acting as collection/administrative agents.

 

Which DCA is it ?

[carriesue]

By the wording of the correspondence they are acting on behalf of their clients which are Halifax.. DCA's are Robinson Way & Horwich Farrelly Solicitors for my current account. Blair Oliver Scott and now Apex are corresponding in regards to my credit card account but I am still able to pay Halifax direct on this.

From your advice I gather I should be making token payments to the credit management companies now. I am not in a position to increase payments and would like advice on how I can pay them. Do they send a paying in book and do I send an S.O.A to them.

Many thanks for your help

[citizenB]

If you are managing your own DMP, you might want to have a read of the following - then perhaps contact one of the agencies mentioned. If you already have an arrangement in place with Halifax, then the DCA should continue to accept any payment plan agreed.

 

 

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAG newsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

[citizenB]

Do you know if you have any penalty/default charges on the credit card and are Halifax continuing to add charges to the current account balance ?

 

Blair Oliver are in house Debt Collector/legal team for Halifax.