Halifax credit card agreement 2006 - unenforceable?

[saratwo]

Hi

 

I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement.

 

They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement".

 

The form was dated 7 July 2006.

 

Is this 'agreement' enforceable?

 

Thanks

[dx100uk]

hi ya welcome

 

can you please convert your uploads to PDF

 

try this:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[saratwo]

Here are the PDFs. Thanks.

[theoldrouge]

you made a cca request? was that all they sent?

[theoldrouge]

What they have sent does not fulfill a CCA request, what is the story behind your request? Anyone chasing you?

[theoldrouge]

Don't know what they sent you in their previous letter that they refer to, but you cannot fulfill a CCA request in dribs and drabs.

[saratwo]

With the previous letter they sent a copy of their "reconstituted version of the executed agreement comprising both the original and current terms and conditions". It does appear that they are cobbling it together as they go along.

[trout]

Do the two pages in post 3 constitute an enforceable Credit Agreement ?

[dx100uk]

as in post 5

 

tell us the history of the debt please

 

is it on your CRA file

 

who is chasing you?

 

dx

[saratwo]

Debt is for £7800.

 

Interest only was paid for a period of time until it became unaffordable.

 

CCCS advised me to set up £1 per month payment to Halifax which I did for a couple of years.

 

It is on my CRA file.

 

I cancelled these payments in early December and sent a request to CEO of Lloyds Banking Group (Halifax) for a certified copy of the original credit agreement.

 

Replies have been from the Manager of Card Services saying

"There is no requirement under CCA to provide a copy of the original signed agreement,

but notwithstanding that fact, please find enclosed a copy of the original agreement.

 

.. I have now enclosed with this letter a copy of your reconstituted version of the executed agreement

comprising both the correct original terms and conditions and a copy of your original signed application form..

 

. By providing you with the documents attached to this letter we have satisfied our obligation to provide a copy of the executed agreement under Section 78 and Section 60/61.

 

.. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such.

 

We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement."

 

Thanks

[trout]

DX , if post nine is meant for me then I have a thread in the Halifax bank and BOS forum already,

if not sorry.

 

I can see that the documentation in post 3 does not satisfy a CCA request but

I was wondering if the docs would constitute a valid CCA at the point of conception.

ie are all the prescribed terms included etc

 

It's just that I have been sent similar paperwork in respect of my alleged Halifax agreement.

 

thanks

 

trout

[dx100uk]

trout

please keep to your own thread

 

dx

[dx100uk]

with what is in the cca return PDF I would not like to stand in front of a judge

and basically say

 

I didn't take out this card m'lud.

 

dx

[dx100uk]

Debt is for £7800.

 

Interest only was paid for a period of time until it became unaffordable.

 

CCCS advised me to set up £1 per month payment to Halifax which I did for a couple of years.

 

It is on my CRA file.

 

I cancelled these payments in early December and sent a request to CEO of Lloyds Banking Group (Halifax) for a certified copy of the original credit agreement.

 

Replies have been from the Manager of Card Services saying

"There is no requirement under CCA to provide a copy of the original signed agreement,

but notwithstanding that fact, please find enclosed a copy of the original agreement.

 

.. I have now enclosed with this letter a copy of your reconstituted version of the executed agreement

comprising both the correct original terms and conditions and a copy of your original signed application form..

 

. By providing you with the documents attached to this letter we have satisfied our obligation to provide a copy of the executed agreement under Section 78 and Section 60/61.

 

.. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such.

 

We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement."

 

Thanks

 

have you sent them an sar yet?

 

what does your cra file say about this debt?

 

dx