Dodgy halifax CCA from Lowells now SD - ***Set a Side & 2k Costs awarded***

[trout]

I took out a Halifax credit card online pre 2007.

 

It was £3 in credit in Nov 2007.

 

In dec 2007 they sent me a new card attached to a credit card agreement unsigned by myself or them.

 

What I did not realise then was that they had transfered the acc to a new acc along with the £3 credit.

 

This has come to my attention as I was going to send them a CCA request

 

in regard to my pre 2007 CCA.

 

Has anyone any ideas as to what I should do ?

[Guest Old_andrew2018]

Bump

[maroondevo52]

Hi,

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

So after December 2004 a 'tick' in the box would do.

 

Sorry, I'm not too sure what to do about the 'new' arrangement.

 

Regards.

 

Scott.

[trout]

Thanks Scott, I'm going to CCA them anyway and see what turns up !

[trout]

cca Halifax on 1/12/2009 which they received on 4/12/09,but have had no response from them so far.

 

Any advice on what to do now please.

[MARTIN3030]

Even if they have not sent it,they still have a requirement to keep you informed that your complaint / request is still active.

Has there been any collection/recovery activity and is this still continuing if so ?

[trout]

I have not put the account into dispute and I am up to date with payments but cannot afford to pay this months payment.

 

 

Having read various threads with regard to the Manchester case

I am unsure how to proceed

 

 

eg can I still put the account into dispute.

 

 

This also applies to my thread re Trout v natwest CC.

[MARTIN3030]

I seem to recall that the FOS dont regard witholding payments pending compliance of a CCA request as grounds for dispute,although clearly it is what we have always been led to believe and many still do...much depends on the circumstances,for example if you have been making payments,they take this as meaning that you have acknowledged that you owe.

 

Under Banking codes guidance,they are required to listen to any financial difficulties.

There was also some guidance given out towards the end of last year,which said that hostile action should not be taken simply because of 1 missed payment.

Is there any chance that you could go to your branch directly ?

[trout]

Sorry, I understood that if a creditor failed to comply with a cca in regard to cc's within 14 days,then they were in breach of the CCA 1974 and the account could be put into dispute.

 

Also,making payments or taking payments surely cannot make an invalid contract valid ?

 

Lastly, guidance is often given,especially by those who require votes !

I have tried every avenue,even Gov morgage rescue schemes but there is no real help out there,I thought I might find some here.

[MARTIN3030]

"Sorry, I understood that if a creditor failed to comply with a cca in regard to cc's within 14 days,then they were in breach of the CCA 1974 and the account could be put into dispute."

 

That was my understanding too-but like I said we have seen the regulators showing no teeth.

 

 

"I have tried every avenue,even Gov morgage rescue schemes but there is no real help out there,I thought I might find some here."

 

 

But as yet only 3 posts on this thread-just have a bit more patience.

 

 

"Also,making payments or taking payments surely cannot make an invalid contract valid ?"

 

 

I didnt say it could.

 

"Lastly, guidance is often given,especially by those who require votes !"

 

 

Are we talking politics or CCA ?

[trout]

Thanks for your input so far Martin3030,but I'm still confused as to where to go from here.

 

If I take it that the reason that the Halifax have not complied with my cca request is because they do not have an enforceable agreement,what avenues are open to me ?

[MARTIN3030]

I will flag your thread up for site team opinions.

[trout]

Hi,

 

CCA Halifax on 1/12/09 which they received on 4/12/09.I have not had

anything from them to date.What steps can I now take ?

[dx100uk]

send the account in dispute/non compliance to CCA letter.

 

stop any payments.

 

 

just as a check, what AD did you send it to & by what method?

it should be the data compliance manager, p'haps the AD is in the stickie at the top of this forum?

 

dx

[trout]

Hi dx100uk,

 

I sent it RD to Halifax Card Services,Dunfermline ky99 4bs.Which AD in the

Sticky is the D C Managers ?

 

Can I still put the acc into dispute (ie should my cca have been passed on to the D C Manger internally ) ?

 

Thanks

 

trout

[trout]

The post Office tracking system says it was delivered ( being RD I assume signed for ) on 4/12/09.

[dx100uk]

ok all quite clear then

thats the correct ad too.

 

 

send the account in dispute/non compliance to CCA letter.

 

stop any payments.

 

dx

[trout]

Thanks for your help dx,I will put the acc into dispute and stop payments then post their response on here when I have a reply from them.

[trout]

With regard to the above,I did not receive a letter from the Halifax

dated 10/12/09.

 

Any thoughts on how to proceed please.

[rhos123]

hi, trout i recived the exact same letter word for word. the halifax sent me a recon agreement, i sent a letter of complaint to them, but have not recived a reply as of yet, maybe he fos can help if they look in to it, then it will cost the halifax, i will let you know if i recive a reply from the smelifax:)

[Dotty50]

Hi Trout,

 

I have been dealing with the Halifax for some time now, do not believe anything they tell you.

 

They state they sent me a couple of letters that I didn't receive and say they sent it to my old address in error, yet all the other letters have been sent to the correct address!

 

Here is my thread if it's of any help, it will at least give you an idea of how they operate.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/200906-halifax-cca.html

[trout]

Hi, Rhos123 and Dotty 50.

 

IMHO, I think that the H'fax have lied about the letter that they said

they sent within the 12 + 2 deadline to avoid any loss of interest whilst

they were ( and still are ) in breach of the cca.

 

I'm now going to put the acc into serious dispute and will post on here

what transpires.

 

Many thanks for your input.

 

Trout

[Dotty50]

Banks telling lies!

 

Surely not!

[trout]

So they gave me until 25/3/2010 to pay on their default notice,dated 4/3/10 then terminated the agreement on 18/3/10.

 

Any help would be very much appreciated.

 

trout

[cerberusalert]

They have terminated too early, now they've unlawfully rescinded the agreement because they have allowed you exactly 14 days from the date of the DN to termination, they haven't allowed for the postal service of the DN.