Halifax/1st Credit

[creditcardmug]

What they are obliged to send your in response to a CCA request isnt the same thing as what would be required in court to be enforceable.

 

I know all this sounds stupid but the CCA is a very complicated ACT, and not a lot of people understand it fully, not least DCAs!!!

[babydoll0141917]

To be Honest i dont either ( And im a brunnette)..i have read so much on here about CCas and still cant get my head around it ..letter will be in post tomorra ...i didnt even have a letter of haliprats to say IQOR were collectin on their behalf ..IQOR told me they were collecting ...Thanks again u are a Diamond!!

[shirei12]

aww fanx CCM ...another tick is comming ure way ..are u saying that the agreement they have sent is unenforcable tho at the mo ( bet the original wudnt have copyin and pasteing on the back )?? becoz others are saying it its not .Not on mine but on the same DOCs that another CAG member has( i will try and find the link then send u ..its in the halifax forum) ....Thanks i wudnt of said it was unreadable ..but so small i need a magnify to save my eye site

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/124924-halifax-credit-card-cca.html

 

This is the thread you were looking for

Regards Shirei

[babydoll0141917]

Aww thanks shirei12..how did you get on with yours?? im gonna send the letter that CCM put up for me!! ..it is a weird looking CCA def copy and pasted

[kennyruss]

hi babydoll

 

looks like we took out a Halifax card, months within each other - I have exactly the same layout as you

 

kennyruss/HALIFAX - Photobucket - Video and Image Hosting

 

will keep an eye on this thread and post anything interesting I find to;)

 

kenny

Edited November 17, 2008 by kennyruss
typo

[babydoll0141917]

Hi Kenny..nice to meet you ...are you gonna send the letter CCM has put on for me ..has CCm said CCAs are very complicated things i still cant get me head around it can you ??

[babydoll0141917]

Hi yours if different from mine slightly!! i never got the 3rd scan with mine ,,i also never got balance on accountthe credit limit!!! and the intrest rates are different and the amount payable to them i never got ..i only got ure 1st scan and your 2nd ...what is halifax playing at ??..pls keep me informed with ures ill be watching with intrest

[babydoll0141917]

All i got was the application front with the conditions of use printed on the back ..and a letter from IQOR say pay up here is ure CCA ..they are giving me 2 wks puttin account on hold ..How very nice of them

[kennyruss]

Hi Kenny..nice to meet you ...are you gonna send the letter CCM has put on for me ..has CCm said CCAs are very complicated things i still cant get me head around it can you ??

 

nice to meet u to babydoll

 

still trying to decide whether it is an application form or agreement.. but will need to send something in the next few days.... will do some more digging on the forums... a lot of people with this type of "form" - search HALIFAX CCA

 

kenny

[babydoll0141917]

nice to meet u to babydoll

 

still trying to decide whether it is an application form or agreement.. but will need to send something in the next few days.... will do some more digging on the forums... a lot of people with this type of "form" - search HALIFAX CCA

 

kenny

 

Alot of ppl have the fronts that we have ..and they have a strip down the side saying application form( i think they are an application form) ..they seem not to have it on ours ..i wonder why LOL...could be that ppl are cottonin on

[kennyruss]

Alot of ppl have the fronts that we have ..and they have a strip down the side saying application form( i think they are an application form) ..they seem not to have it on ours ..i wonder why LOL...could be that ppl are cottonin on

 

ok I going to gather 7 or 8 of these fronts and post em here... will dump them in a photbucket album

 

back soon

 

kenny

[babydoll0141917]

UPDATE ..well this is the letter i received to day of IQOR..they also sent me the same CCa they sent me B4 but this time the Conditions of use is on a seprate sheet of paper..and not on the reverse as the first one was ..Anyone know what my nxt move will be ..Cheers Guys

 

http://i152.photobucket.com/albums/s168/lisa5_01/P1010062.jpg

Edited December 3, 2008 by babydoll0141917

[adarling2006]

hi folks, just been reading this thread, and it seems to me that you have an application form, i do remember peterbard getting a letter about it and it took me a little time to find it but here it is, in a sense an application form is Not regarded as a credit agreement and therefore not worth the paper the bank has written it on. I will look into this more, but my understanding is if it's not a legal agreement then they have no rights to process your information as it's an improperly executed agreement and unenforceable under section 127 (iii)

 

dti

 

21 December 2006

 

Re consumer credit act 1974

 

Thank you for your letter of the 7th of December on behalf of your constituent Mr Peter Bardsley of******************* about a possible irregularity in the Consumer Credit act 1974.

 

The Consumer Credit (Prescribed Periods for Giving Information) Regulations apply to all the situations that ate listed in the Schedule to the Regulations and this include Sections 77 and 78 of the Act, which are about copies of the executed agreement and not pre contractual information

 

The Cancellation Notices and copies of Documents Regulations are made under Section 180 of the Act ) power to prescribe the form etc of documents) and Section 180 enables Regulations to be made to provide for including/excluding certain information from copies sent out under the Act. The Regulations apply to all copies sent our under the Act unless specifically excluded in the Regulations themselves.

 

Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and Conditions when requesting a copy of a signed agreement form. Just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement**

 

If Mr Bardsley feels that the rules are being flouted he should report the companies concerned to Trading standards and the Office of Fair Trading. It is also a breach of the Act and the Regulations to send the application form rather that a “true copy” of the Agreement.

On the point that Mr Bardsley makes about unscrupulous companies adjusting agreements, If there were a dispute about an agreement, the lender would need to prove to a court that there was an agreement and, it is highly likely that the lender would have to produce the original signed document to prove they had and agreement with the consumer to start with,

The lender should need to prove to a court that there was and agreement **and, it is highly likely that the lender would have to produce the original signed document to prove they had an agreement with the consumer to start with. If the lender can’t prove the existence of the agreement, winning any court case would prove difficult.

 

 

Approved By the Minister and signed in His presence

 

Pp Ian Mc Cartney

[babydoll0141917]

Hi Adarling

 

thanks for that ..what do you think i shud do nxt??...im pretty sure its an application..i know applications can double up for agreements..but there are issues bothing me with this ..

[adarling2006]

I think the main issue here is for them to enforce it they would have to come up with a properly executed agreement that contains all the prescribed terms in it, also the terms and conditions can not be on a separate document, that is also a breach of the consumer credit act 1974. Challenge them on this and continue to ask for a properly executed agreement that you asked for under section 78 of the act and until they comply with it then no enforcement activity can continue. Also ask for the Notice of assignment which they should provide you with, if they don't have one, challenge them on what document will they be relying in court for the processing of your personal information as the app form does not say IQOR, just halifax.

[babydoll0141917]

Iqor were only collectin on halifaxs behalf it wasnt sold to them..shud halifax still of informed me that they were gonna ask iqor to collect on their behalf..even tho it wasnt sold ??....do you know of a letter i could put together adarling.? do i just send all letters to halifax now and not to iqor??.

[adarling2006]

inform IQOR that until the dispute is resolved with the original creditor, you will no longer deal with them and report them to trading standards if they continue pursuing you. Read them the OFT debt collection guidelines as they must have misplaced theirs.

[adarling2006]

just had a look at the agreement in question, i can't see any of the prescribed terms at all, IMO a jugde would look at that and ask where they were and to provide a agreement that conforms to the CCA 1974.

[creditcardmug]

Who did you CCA was it halifax or iqor?

[babydoll0141917]

Hi CCM I CCAed Blair orrible and scott, as halifax passed to their in door collection team ..i didnt hear nothing for 8mths then all of a sudden IQOR popped up ..

[creditcardmug]

This is what i sent them, you will have to change the dates etc. if you decide to use it,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Your Reference: xxxxxxxxxx

 

I refer to your letter of 06/11/08, I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Bank of Scotland and has been since 9th February 2008.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

My letter to Bank of Scotland dated 26/03/08 outlined the fact that the documents they had sent to me do not conform to the Consumer Credit Act 1974, and to date I have received nothing further to remedy this.

As Bank of Scotland are now in default of my Consumer Credit Act request, and OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the Bank of Scotland for resolution of these defaults and breaches, as Iqor cannot lawfully pursue any enforcement activities.

If Iqor chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing, as this is the only method by which I am prepared to respond.

Yours faithfully

[babydoll0141917]

Your a diamond CCM i will use your letter and add a few more bits, IQOR did say in the last letter that if i still werent happy to contact halifax direct ..do you think i shud write to halifax too or just send Iqor the letter and let them pass it back to Haliprats..then wait for haliprats to contact me ??

..your letter is actually very simular to the one i sent blair orrible and stupid in sept after i got a couple of threat agramms of them

Edited December 4, 2008 by babydoll0141917

[creditcardmug]

Well unless you have already done so, i would write to halifax to say the docs they supplied are not acceptable etc., and you regard the matter as being in dispute until they have fully complied.

[babydoll0141917]

SO a Letter of to halifax and one of to IQOR??

[creditcardmug]

Yes send the one in post 19 to halifax, thats disputing what they sent you.

 

And the one above to iqor saying its in disput with halifax so send it back to them