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    • This is taken from the Sure Start Maternity Grant application form.  I have made bold/underlined, what they have applied.   They have not applied any exception which you think should be applied in your case.   You may be able to get a Sure Start Maternity Grant if you live in England or Wales and   : • your new baby is the only child under 16 years of age in your family, or • you already have a child or children under 16 years of age in your family and you are having a multiple birth, for example twins or triplets, or • you already have a child under 16 years of age living with you who is not your own, such as a younger brother or sister, that you are looking after because he or she is not able to be looked after by his or her own parents and they were over 12 months old when this arrangement started.   Stepchildren or partner’s children under 16 years of age are counted as children living with you so if you have stepchildren or partner’s children under 16 years of age living with you, you may not be able to get a Sure Start Maternity Grant, and you or your partner are getting one of the following benefits: • Universal Credit • Child Tax Credit • Working Tax Credit which includes a disability or severe disability element • Income Support • Income-based Jobseeker’s Allowance • Income-based Employment and Support Allowance • Pension Credit 
    • and here's the text from my first challenge letter to PCM  - red bits I'm not sure whether apply - PCM are an IAS member not POPLA    ============================ Name Address here Date: 16.01.2021 Without prejudice, except as to costs Parking Charge Notice - Notice to Keeper PC16620810   This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22   On 12.01.20 I was the registered keeper of a Hyundai Tucson, registration number XXX XXX.   Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.   I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct. I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level. 1. Your parking charge amount claim.   Please explain on which of the following grounds your claim is based:   (i)   Damages for trespass (ii) Damages for breach of contract (iii)  A contractual sum 2. Your loss.   If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.       3. Your status – the creditor.   Your Parking Charge Notice - Notice to Keeper simply mentions Parking Control Management (UK) Ltd. seeking monies.  Please tell me the actual creditor who is making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity. I also must first draw your attention to the Protection of Freedoms Act 2012, Keeper liability for parking charges incurred on private land. “The Creditor or its agent must have made application to the DVLA for your name and address either ·        NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver  was issued); or ·        NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)”.   Your letter dated 13/01/202021 alleges that an NTD (in your terms a PCN) was affixed to the windscreen of the vehicle at 12:14 in Southbrook Rise SO15.   This is wholly incorrect, no NTD (PCN) invoice was affixed to the windscreen of the vehicle. Fortunately for yourselves this was the case as any attempt to touch the vehicle in question could have resulted in damage and a claim made against yourselves for touching the property of the registered keeper.   You may well have issued a PCN but as no such NTD was put on the vehicle as the driver has confirmed the employee of your company walked off from the driver of the vehicle on that day. So your request for details was made beyond the 14 day time limit as the registered keeper had no PCN affixed to their vehicle to examine.   I also draw your attention to the prior case of Jopson v Homeguard (2016) as the homeowner was being assisted in loading her chattels into a van and the alleged vehicle as being moved house and that has been established as clear legitimate reasons for using a residents car park in law your claim of a parking charge is illegitimate and void.   On the incident in question an employee of PCM approached the driver & leaseholder loading the van and car heavy furniture and after explaining it was being loaded for moving home she advised the vehicles could stay and load up and walked off. Seeing as under Jopson v Homeguard (2016) residents and their agents are entitled to be able to load vehicles for said cases and as the employee agreed to this the driver and homeowner continued to load up as quickly as possible.   Your own photographic evidence actually clearly shows the box van and the alleged vehicle with its tail gate open as it was being loaded.   The employee returned later on while the driver was continuing to load in the back of the van and alleged vehicle, she took a picture of the car and when asked what she was doing went back on her original statement saying now it had no permit and was not between the lines either. Again which was it that was at issue? Both vehicles were stopped loading up in the same way.   Your letter itself states PCN was “For parked outside of a marked bay/ Outside of marked lines/On restricted roadway/landscaped/paved areas or causing an obstruction to others” Which is it? Can you make your mind up? That it didn’t have a permit or that it was across the lines or one of the other alleged issues? In any case, as vehicles and residents are entitled to load furniture under current law any of your alleged breaches are once again null and void.   The attached photo also shows the van for loading at the same time and across the lines, however, it has been issued no such NTD or NTK. Either your rules apply equally or they don’t.   The hire van also had no permit seeing as the tenant does have one of your permits but this is only for the car registered to themselves and not a van loading furniture and chattels. This was further explained to your employee at the time.   The driver confirms that the alleged vehicle was moved immediately as the employee returned and tried to sneak up to the vehicle just as the driver was loading the vehicles. The employee then changed their earlier statement “allowing” loading so they moved it into the roadway upon hearing this but the employee then came onto the street in the roadway which is not within the land being discussed and tried to push an NTD into their hand demanding they take it.   Under current distancing regulations and guidance she was far too close to the driver, had no PPE equipment on and did not maintain a 1 or 2 metre distance, actually touching the driver could have been construed as an assault in any case and could have contaminated them even from her equipment and breath.   4. Ownership of premises.   Please tell me who owns the car park as I wish to send them a copy of this letter. The driver of the vehicle is a leaseholder of this apartment block with a dedicated parking space. The lease governs the behaviours, relationships, rights and obligations of the parties to it. The claim is for a parking charge but the amounts due by the driver on an ongoing basis under the lease do not include parking charges. The lease gives access to the leaseholder to common parts of the development such as access roads and laydown areas which have conferred a right for the driver to park in that location, in order to facilitate the unloading of an awkward and heavy load from the vehicle into the apartment (large bed delivery or house removal) – just like Jopson in Jopson v Homeguard.   5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)   Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.   6. Signage.   If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s actual entry point. The small print on the signage does not allow the driver of any vehicle to read the terms and conditions of the car park until they are already in the car park and have been photographed by the Automatic Number Plate Recognition camera. There is no opportunity to make a decision not to enter the car park after reading the signs. As the wording of the signage forbids parking without a permit, then there is no offer to park and therefore no contract. The Claimant’s signage is forbidding in that it states in capital letters “ENFORCEMENT IN OPERATION 24 HOURS” Any breach of terms and conditions will result in the driver being liable for a charge of £100. It therefore seeks to offer parking there via a parking charge breach of terms and conditions, contrary to the finding in PCM-UK v Bull. As the judge said in PCM-UK v Bull  “However, in my judgment, there was never any contractual relationship, whether one categorises it as a licence or simply some form of contractual permission, because that is precisely what PCM were not giving to people who parked on the roadway” As you know in that instance as I believe you are aware, a trespass may possibly have occurred, but that meant only the landowner could claim, not the parking company.   7. Summary I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper. If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including any necessary ‘IAS code’) so that I may immediately refer the matter for their decision. If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16. I may make further representation to the Information Commissioner under GDPR regulations for any potential breach of use of my information.   Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.   Yours Name here  
    • Without reading into the issues you discuss in your post, not sure of the legal position here.   But what you can do, is ask the DWP for a written statement of reason confirming the legislation they have applied to decline your benefit claim and also how they have applied this legislation in your case.    When you contact them asking for the written statement of reason, ask them to note that you will be submitting a mandatory reconsideration and will be providing further information, once you have the written statement of reason from them.
    • Oh dear.  The Berkley Centre, and Simple Simon (the owner of VCS & Excel) are both very well known to the forum.  I mentioned contempt for the law.  We have a case at the moment where Simon is trying to chisel money out of a motorist for stopping in a "no stopping area" ... at a zebra crossing ... with a pedestrian walking on it.  I kid you not.  The motorist would have been charged with murder if they had stuck to Simon's silly signs.   The good news is that VCS have an excellent track record of getting an absolute legal thumping at the Berkley Centre.   We have had two threads this week where Simon has lost court cases (not at the Berkley Centre).   Do a search for "VCS Excel snotty letter" and post up a draft of what you intend to send.
    • Hi everyone, hope you can help and check my letter adapted from Parking Cowboys template and offer any guidance I may have missed or messed up - been  careful not to say who was the driver here as well as on letter so hope it still makes sense    SUMMARY -    Moving my sister out of her flat in Southampton a PCM employee (warden type) turned up as the parties involved were moving furniture into the hire van and the registered keeper's vehicle. Tailgates were open and on the incident in question an employee (warden type) of PCM approached the "driver" & my sister (leaseholder) loading the van and car heavy furniture and after explaining it was being loaded for moving home she advised the vehicles could stay and load up and walked off. Her English was not great however, it must be said.   The employee returned later on while the driver was continuing to load in the back of the van and alleged vehicle, she took a picture of the car and when asked what she was doing went back on her original statement saying now it was not between the lines either and was issuing a "ticket" Both vehicles were stopped loading up in the same way.   Their own photographic evidence actually clearly shows the box van and the alleged vehicle with its tail gate open as it was being loaded.  The attached photo also shows the van for loading at the same time and across the lines, however, it has been issued no such NTD or NTK. Either so called "rules"  apply equally or they don’t.   The vehicle was moved immediately as the employee returned as she had tried to sneak up to the vehicle and he saw her in the reflection of the building windows just as the driver was loading the vehicles up.   The employee then changed their earlier statement “allowing” loading so they moved it into the roadway upon hearing this, but the employee then came onto the street in the roadway which is not within the land being discussed and tried to push an NTD into their hand demanding they take it. They refused to accept it from her hand .     So this week -NTK letter dated 13/01/202021 alleges that a PCN was affixed to the windscreen of the vehicle at 12:14 in Southbrook Rise SO15.   No NTD (PCN) invoice was affixed to the windscreen of the vehicle as the driver moved it into the road when realised she was trying to issue a penalty charge. PCM may have issued a PCN but as no such NTD was put on the vehicle as the PCM employee of the company walked off from the driver of the vehicle on that day. So I've also objected to their request for details as was made beyond the 14 day time limit as the registered keeper had no PCN affixed to their vehicle to examine.     Most of all I have used the other standard objections in Parking Cowboys template but after bit of googling also the case of Jopson v Homeguard (2016) as the homeowner was being assisted in loading her chattels into  van and the alleged vehicle as being moved house and that has been established as clear legitimate reasons for using a residents car park in law.   Have attached the pictures they sent me - have attached my initial reply letter here but will put on next post in full so it's not too much to read on this post too    thanks in advance        PCMUK Challenge 130121 website version.docx
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

SD from lowells etc - old halifax card, terminated before DN expiry - help


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HI All

 

I sent the standard CCA letter to Halifax on the 30th March and recived a response on the 17th April.

 

there didnt seem to be a proper agreement attached,

just a computer printout stating

"cc agreement regulated by the consumer credit act 1974"

my name on the front page followed by all the standard jargon nothing indicating a signature or even remotley resembling an application form.

 

also enclosed an account summary/statement as well as a 7 page printout of terms and conditions.

 

There letter seems pretty defensive because all i asked for was an agreemnt copy and look at the bottom two paragraphs.

 

i would appriciate some guidence on how to move forward with this?

 

i am in arrears now by one month do i pay?

 

is it worth paying minimum payments and continuing to fight or just demand the correct forms?

 

Is there a letter now the i should send?

 

any help is most appriciated.

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Hey Indebt 1

 

The docs you have been sent is the standard HBOS reponse.

 

I would reply with a letter, I have copied one below for you...amend to suit.

 

Halifax sent me this stuff first and i chased and eventually they sent a copy of my CCA.

 

There are 2 reasons they may have not sent you it 1) they have lost it 2) it may be unenforcable so they dont want you to have a copy.

 

Personally I would continue with the CCA request letters and give them plenty of time to respond.

 

If this route fails then check out PTs thread as this seems to be the way forward rather than the standard CCA request route:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Success of this route can be followed here:

 

smt37 vs Morgan Stanley/Goldfish/Barclaycard ** ORDER TO PRODUCE CCA CPR31.16 WIN ***

 

With regards payments, some on here have stopped all payments after 14 days of the CC company failing to come up with the CCA copy. However, it is likely that the card company will ignore you and pass you on to their collection services and register adverse information agaisnt you on your credit file.

 

So I guess it depends on how you feel about having your credit file trashed??

 

Personnally, I have continued the minimum payments on my cards until I am pretty sure I have a good case for stopping payments but that is just my personal view.

 

My letter below:

 

Card Services

Halifax

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

 

FORMAL NOTICE - ACCOUNT IN DISPUTE[/font]

Account/Reference NumberYour Ref:

Thank you for your recent reply (dated) to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your company’s current and previous Terms and Conditions and a covering letter giving the prescribed terms. I must inform you that this is not sufficient to comply with my request and that your company is in default under the act You have failed to respond to my legal request to supply me a true copy of the original executed Consumer Credit Agreement for the above account.

 

In my letter of the ***** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974.

The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document also

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation

You have failed to comply with my request, and as such the account entered default today ****** (12+2 working days after I sent you the CCA request – you signed for my original letter on the ****** Royal mail ref: ************).

To clarify, 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.

 

This breach of the agreement can be demonstrated as follows;[/font]

As you will know section 180(1) (b) authorizes, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:[/font]

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorized by regulations

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557

 

(2) There may be omitted from any such copy-

a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned provison.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

You may not demand any payment on the account, nor am I obliged to offer any payment to you

You may not add further interest or any charges to the account.

You may not pass the account to a third party

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, your further non-compliance will result in complaints being forwarded to the relevant statutory bodies.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

 

Fingers

Edited by Fingers60

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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hi all

 

Have sent the following letter and recieved a call today chasing payment and i very politley explained that the account is in dispute as nobody has answered the below later yet, they made me repeat that it is in dispute for the benefit of the recorder i suppose and i have not made any payment, is this dangerous now?

do i make the minimum and continue to fight?

 

 

 

 

 

FORMAL NOTICE - ACCOUNT IN DISPUTE

Account/Reference NumberYour Ref:

Thank you for your recent reply 17th April 09 to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your company’s current and previous Terms and Conditions and a covering letter giving the prescribed terms. I must inform you that this is not sufficient to comply with my request and that your company is in default under the act ,You have failed to respond to my legal request to supply me a true copy of the original executed Consumer Credit Agreement for the above account.

 

In my letter dated March 30th I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974.

The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document also

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation

You have failed to comply with my request, Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation

You have failed to comply with my request, and as such the account entered default on the 21st April 2009 (12+2 working days after I sent you the CCA request – you signed for my original letter on the 1st April Royal mail ref:

To clarify, 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.

 

This breach of the agreement can be demonstrated as follows:

As you will know section 180(1) (b) authorizes, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorized by regulations

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557

 

(2) There may be omitted from any such copy-

a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned provison.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

You may not demand any payment on the account, nor am I obliged to offer any payment to you

You may not add further interest or any charges to the account.

You may not pass the account to a third party

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, your further non-compliance will result in complaints being forwarded to the relevant statutory bodies.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

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Hey Indebt

 

They will most likley ignore your letters, continue to ask fro payment and regsietr late payments, then a default agaist you and then pass your account on to a debt collection agency...

 

What they should do in terms of their legal obligations under the CCA and what they actually do are 2 very different things!

 

As i said i have maintained my minimum payments until i know exactly where i stand...that is just my approach as i work in financial services and dont want to explain to my employer why my credit file is trashed !

 

So what you depends on your circumstances ,what your looking to achieve etc

 

so when you say is this dangerous ?? well..depends really ! in theory no...but reality and your credit file are 2 differen stories...in theory you can stopmpaying and if thye suddenly come up with an enfoecable agreement..you woudl say ok the games up i'll pay you now...

 

does that help ?

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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Looking through all the threads seems to be very few have actually got away or made a settlment using the CCA requests.

they called me last week and i advised over the phone that my account is in dispute and they must reply to letters that i have sent, in the meantime i would ask them to refrain from calling me.

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had a phonecall from Halifax today and after going through security (dont know why i bother) the lady said that the accounts is now with collection and they have been advised that the account is in dispute by myself to an advisor over the phone recently.

she asked were i had sent the letters to as she had nothing showing on the account? i told her that i would check once i was in my office and i refused to be drawn into a conversation what the dispute was about stating that i had provided the dispute in writing and have been advised by legal not to discuss verbally.

she did request that i call back today to advise to what address i had sent the dispute letter to?

the letter listed above did actually state that the account goes into dispute after 14 days and it was delivered on the 1st so do i need i pay the minimum at this stage?

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had a phonecall from Halifax today and after going through security (dont know why i bother) the lady said that the accounts is now with collection and they have been advised that the account is in dispute by myself to an advisor over the phone recently.

she asked were i had sent the letters to as she had nothing showing on the account? i told her that i would check once i was in my office and i refused to be drawn into a conversation what the dispute was about stating that i had provided the dispute in writing and have been advised by legal not to discuss verbally.

she did request that i call back today to advise to what address i had sent the dispute letter to?

the letter listed above did actually state that the account goes into dispute after 14 days and it was delivered on the 1st so do i need i pay the minimum at this stage?

 

hey indebt

 

after 3 months I am still paying my minimum payments because I can afford to, however this may change soon !

whether you continue to pay your minimum payments is down to your personally but Halifax will trash your credit file and pass you account to a debt collectio agency regardless of your correspondence and regardless of what they should actually do !

 

I am waiting until I know exactly where i stand with my credit agreement which I should know within the next few weeks and will make decision on my payments then, other caggers will stop payments after Halifax have defaulted on their CCA request etc.

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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i have just had automated calls which has changed since i told them im disputing the debt due to no CCA, had some letters through saying how i should call there customer service dept but hey two can play the ignoring game!!

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well they seem to have come up with something as attached, the side of the terms and condition bit above the signature seems to have a line missing, what is my next move here? is this now enforceable?

200qs03.jpg

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Hey Indebt

 

The last document you scanned is the agreement.

 

What is on the reverse of this copy document they sent you...the credit card conditions of use???

 

Fingers

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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Hi Fingers

yes it has !!

 

it is quite strange though that they have suddendly pulled it out of their hat and all looks ok?

i have a sneaking suspicion that the are placing the t&c's on the back themselves now, it just doesnt look straight and i reckon it has been copied on.

is there anything i can do? can i say i want to go to their office to see the original?

what should my next step be?

there is a black line down the right hand side of the t&c's which hints that this is just a copy and paste job!

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Hi Indebt

 

I have the same issue where I think the T & Cs have been photocopied on the back of my credit agreement.

 

Heres my link:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/184068-halifax-credit-card-cca.html

 

I am taking advice on mine from sols and I should hear back within the next 2 weeks. I will post up the advice I am given on my thread so I would suggest subbing to my thread.

 

With regards whether your agreement is enforceable or not in its current from I would refer to this thread by Steven: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

Learn the facts then apply them to your case.

 

My contention is that I think my t & cs were not on the back of my original credit agreement...i will keep my thread updated.

 

Fingers

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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what happens if you write a letter to the bank voicing your suspicions that the t&c have been scanned and pasted on the back and request that that the bank confirms in writing that it was on the same page and would be prepared to prove this in a court of law?

when you start procedings is there not disclosure?

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what happens if you write a letter to the bank voicing your suspicions that the t&c have been scanned and pasted on the back and request that that the bank confirms in writing that it was on the same page and would be prepared to prove this in a court of law?

when you start procedings is there not disclosure?

 

hi

 

there are a few of us that have posted these types of Halifix agreements up..... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/176296-could-anyone-tell-me.html

 

HELP PLEASE - DCA saying CCA is enforceable

 

The above 2 threads are useful to read.

 

-wilko999 states the following:

 

"exactly the same as mine - and mine was enforceable" when questioned why as no prescribed terms he states "mine were on the reverse, I chanced it, went to court - I lost. Up to the poster to decide how they wish to go with it but just letting you know that's what happened to me"

 

I think as you will see this is not one to chance in court without getting full legal opinion first. You will see from my halifax thread I asked similar questions and did not get a final response from anyone.

 

I would hang tight for 2 weeks and should have legal opinion by then on mine....and i think this will help you so keep an eye on my thread.

 

F

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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Hi

 

i have exactly the same agreement has you indebt..and so does many others,..the agreement as it stands is inproperly executed as not signed by the bank..also there are no terms and conditions on the sig doc ..there is no reference to the T and C being on the reverse ,no codes match,no page number no PTO,,it even says in the box above the signature (that you have received a copy of) which avers to the T and Cs being in a diff doc..also you have a cancellation right on the front of the form ..on the reverse is another cancellation right..both explaining different ways of cancelling ..you wouldnt get 2 cancellations on one agreement,,..I havent payed halifax for 18mths..its gone from 1 DCA to another,,the last being robinson way that have give up..if they thought they had any ace cards up their sleeves i think they would of used them by now ..i dont beleive that the reverse of the doc is part of the doc i signed its unexceptable for the bank to say it is without aany refernece to an overleaf etc..I have also been issues with an ivalid default notice dated jan 2008 only giving me 6 days to rectify..maybe halifax realize there is no point in persuing as they wont be get the amount they are asking if any amount at all

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as i own my house (for the moment) i guess i cant go the same way!!

i must have answers to shake them off and it must be legal answers.

whats funny is that with all the companies out there promisng to get you out of cc debt legally and all the posts all over this forum there seems to be very few with actual assets who can say they have gone all the way and won?

please prove me wrong somebody.

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Hi Babydoll, thanks for the info really useful for us appreciated.

I agree that its unenforceable and I will feedback the legal opinion for the benefit of Indebt shortly.

 

Fing

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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Hi indebt

 

ive also noticed with my reverse side and yours..that they are slightly different..strange that has i took my card out in sept 2001 just months after you.. true copies i think would all look identical specially has they were taken out months apart..3 months apart infact..:)

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i truly belive that this is not the real agreement that the t&c are being pulled out of a hat at the moment.

i think a letter asking Halifax if this is the real one ask them to provide in writing that this is the real deal, and then take them to the cleaners let them pull the real one out in court.

i just wish i had filed my originals, i will never throw an application form away again.

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