Halifax/1st Credit

[davey77]

Yes your local TS. If you send it to the area where the creditor is based it will only get forwarded to your local one anyway from my experience.

[babydoll0141917]

update...had a letter from iQor yesday basically apologising and gonna investigate my complaint and write to me when its sorted..they have took my phone number off their files and will contact me in writing from now on..

[adarling2006]

that's them going to give it up, you'll get a letter advise you of that in about a month.

[babydoll0141917]

oh ok ..i look forward to that letter then ..and a new letter from a different DCA no doubt

[babydoll0141917]

another question ..i was wondering weather BOS will get a CCJ on this account ...do they need the CCA to do this?? ...and if they was going to get a CCJ on me would they not of done it by now ??

[adarling2006]

if they intend to go to court then you can make them look totally silly by defending the claim and asking for everything under the Civil procedures rules, i've never got a far as court, they seem to be refusing to oblige me but if they do someone on here can help you more with that.

Odds on when you defend they'll back down and you win by default.

[babydoll0141917]

Hi every 1 ..well today i received a CCA after 8mths ..this was sent by IQOR who are collecting on behalf of BOS..could any1 tell me if its enforceble or not ..if you cant see it proper i will get my son to scan tomorra..i have the front that looks like its an application form and on the back is the T and C..the code on the front is not the same as the code on reverse..thanks every 1

http://i152.photobucket.com/albums/s168/lisa5_01/P1010060-1.jpg

http://i152.photobucket.com/albums/s168/lisa5_01/P1010057.jpg

 

hope the photo bucket worked...

[babydoll0141917]

Ps there is also staple holes on the left hand side ...and the front doc has a stamped received date 6 sept 2851 or 6 sept 2051 ..shud be 2001

[babydoll0141917]

hi guys

 

after 8 mths and after iqor are collectin on behalf of halifax this is the CCa they have sent me ...this is all they sent me ..the first is the front page the 2nd was on the reverse of the front page ..im not sure if the reverse has been copied on to the front ..the code at the bottom of the front doesnt match the code on the reverse,,the bank havent signed it ..i received no other correspondance with this CCa was i meant to ??..also could this CCa be enforcable ..thanks

 

http://i152.photobucket.com/albums/s168/lisa5_01/P1010060-1.jpg

http://i152.photobucket.com/albums/s168/lisa5_01/P1010057.jpg

[ScabHunter]

I can't read all of the second picture, but I don't see any prescribed terms anywhere.

 

SH

[babydoll0141917]

any ideas how i can make it bigger ...??

[ScabHunter]

I've blown it up to a bigger size in Paint.NET, but then it just loses clarity. I can see that the letters "APR" are included as part of point 7, but I can't see enough of the text to make anything else out.

 

Is the copy you've got legible?

 

Also, when was the card taken out? The date in the box looks like 4/9/01, but at the top it looks like 30/8/07.

 

SH

[babydoll0141917]

hi whats legible mean ?? aving a blonde moment ..and card was taken out in o1 ..i did wonder what the 30/8/07 was about..im about to put the doc on again ..see if you can read it this time

 

cheers SH:)

http://i152.photobucket.com/albums/s168/lisa5_01/Image3.jpg..my son has done this for me ..hope it works .he doing a networking degree

[babydoll0141917]

http://i152.photobucket.com/albums/s168/lisa5_01/Image3.jpg

[gymfreak1978]

isnt the second just a a copy of t&c, no sigs?

[babydoll0141917]

Hi Gym..yep its just T&C(conditions of use) on the back with no sig..and just the sig on the front ...could it therfore be unenforcable as no sig within the T&C ??

[babydoll0141917]

Hi

 

well every 1 that has read this post is possibly thinking the same as me ...that u cant read the T & cs on the reverse of this CCa ..would it be better for me to type up the required T & Cs so u can have a better look ?? i really need to know what to do about this CCA..??

 

1st ..the two codes on front and reverse dont match,,2nd after the sig there is another box stating ( my rights to cancel) saying they will be sent to me ...yet on the back it has another rights to cancel saying if i want to cancel the need written confirmation!! mmm contradicting them selfs ..

 

i have my suspitions about this CCa ...could some1 pls tell me what the prescribe terms are that are needed and i will type them up ..many thanks

[babydoll0141917]

just found out its enforcable ..looks like a SAR will be on its way ..i know i have over a 1000 pounds of charges ..then i will pay them 5 pounds a mth ..im unemployed live in rented accommodation ..my boyfriend is gonna give me 5 pounds to pay them ..if they want more ..tough lol:)

[creditcardmug]

Here are the prescribed terms, they must be within the document you signed and cannot be found elsewhere.

 

17. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

[creditcardmug]

Scan 1 in post 1 contains no prescribed terms, and even says the terms are in another document (not acceptable).

 

Scan 2, There is nothing to say this is part of the document you signed, so is irrelevant IMHO.

[babydoll0141917]

Thanks CCM..

so what ure saying this could be unenforable??.

.i agree with what u are saying there .

..the 2 references dont match ..

and nothing on 1 says there is T & C on 2

 

..i will put in the T & C that u have asked in my nxt post

..it does say (we will set a credit limit and tell u what it is,and we can change cred limit at any time and inform me of what it is .

 

.it says they will send regular statements showin the payments i have made ,

,and all the amounts they have charged.

.says i will have to payminimum of 5.00or 2%of the total amount i owe.

 

.and my statement will show the smallest amount i have to pay and the date that it is due

....doesnt give any date of repayments !!

 

then says they will charge intrest there are APRs for balance transfres cheques and cash advances.

.it does look like a cut and paste to me.

.any1 can do that ..!!

wot im baffiled with is on the sig Doc it says my cancellation rights will be sent to me .

.on the reverse on the Conditions O use

 

..its says if i wanna cancell they need written confermation

..the print is so small,

,my eye sight aint good but it aint that bad either and im still struggling to read it

..im goona click ure scales /..cheers hunni u a gem

[babydoll0141917]

..thanks ..i did see another CCA the exact copy of mine and the cags were saying its enforceable ..what do u reackon i shud do question it ?

[creditcardmug]

Hi, send them this, IQOR are idiots this should make them disappear back under their stone, and send the thing back to the OC.

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client 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 respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

__________________

 

 

 

 

Head the letter

 

 

 

I Do Not Acknowledge Any Debt To Your Company or Any Company You Claim To Represent

[creditcardmug]

BTW illegible means UNREADABLE!!

[babydoll0141917]

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