halifax credit card debt sold to 1st credit

[pennies]

sent for cca did get back an application form which is signed then few weeks later newly printed terms and conditions with a letter saying these t&c were at time of account do these t&c not have to be signed by me is this right

[trout]

You need to post up the application you received plus the T & C's

 

Blank out any personal identification before you do.

 

Then people on here can have a look at it and give you advice.

[vint1954]

sent for cca did get back an application form which is signed then few weeks later newly printed terms and conditions with a letter saying these t&c were at time of account do these t&c not have to be signed by me is this right

The general terms and conditions do not have to be signed by you. Your agreement, must contain the prescribed terms, which are the interest rate, date and frequency of payments and a term relating to your credit limit or how it will be decided.

[pennies]

hi vint cant post up aplplication but is the same as brooky25

[trout]

The T & C's which must contain the prescribed terms have to be

within the four corners of the agreement.

 

In effect that means that they have to be linked to your signature ie

on the reverse side of the application form or on a seperate sheet or

sheets providing they are linked to the application eg by page numbers.

 

If not then the alleged agreement would be unenforceable in law

[vint1954]

The T & C's which must contain the prescribed terms have to be

within the four corners of the agreement.

 

In effect that means that they have to be linked to your signature ie

on the reverse side of the application form or on a seperate sheet or

sheets providing they are linked to the application eg by page numbers.

 

If not then the alleged agreement would be unenforceable in law

They must be within the agreement, not in a document headed T&C's.

 

If on the other side of a document from the signature, then there must be a ref to them on the sig page and never on another sheet.

[pennies]

ther are no page numbers on the application and the t&c do not have page numbers just says halifax credit card conditions then four pages with no card number or anything relating to the account

[vint1954]

ther are no page numbers on the application and the t&c do not have page numbers just says halifax credit card conditions then four pages with no card number or anything relating to the account

Then they cannot be connected.

 

I would write back to them, asking how and why they reconstructed the reverse of the agreement, which cannot be linked in any shape or form to the application front page.

[pennies]

after conversation with halifax all they have is what they have sent which is not enforcable is there a letter i could write asking them to stop the interest

Edited June 8, 2010 by pennies

[pennies]

any ideas anyone

[pennies]

they have not sent any agreement after waiting for months dont want to run away from this debt but seem to be getting nowhere, i asked would they freeze the interest and was told they couldnt do that even though they admitted they dont have any agreement should i offers a small amount each month

[mevsthem]

Hi Pennies, Have you sent acc in dispute letter off ?

It depends on how concerned you are regards your credit rating. I stopped paying them last august and since default notice no more interest has been applied. You will get hassle from various halifax dca's, eg Blair,Oliver,Scott Moorcroft Albion etc..just send them the bemused letter. Looks like mine has been returned to Halifax by my latest addition to the filing cabinet

[pennies]

only spoke to them yesterday not sent anything off as yet looking to see what i can write many thanks

[mevsthem]

Word of advice, Dont speak to them by phone get everything in writing so you have proof, and keep all letters and envelopes and write the date you received them on envelope

[pennies]

hi hope you can help

 

 

received letter on 26/7/10 saying that this is a default notice and must pay the arrears amount by 16/8/10

 

 

been away and opened mail to recieved another letter saying that they have terminated my credit agreement

and details will be sent to a debt recovery agency this letter was dated 7/8/10

 

 

i havnt paid halifax anything for three months as was requesting a copy of cca

and all they sent was a bundle saying conditions of use

 

 

did get phone calls and told them i wouldnt pay until i received the cca

[trout]

What was the date of the DN that you received on 26/7,also was it sent 1st or 2nd class post.

Have you still got the envelope ?

[pennies]

hi its a whie envelope with a circle and s in corner its only says postage paid c9 10015 then on middle of envelope says ukml 619410002

[trout]

The S means it was sent 2nd class.

 

What was the date on the DN ?

[pennies]

it was dated 26/7/10

[trout]

Pennies,

 

You say that a DN letter dated 26/7 and sent 2nd class was received by you on 26/7 ?

[pennies]

hi there was no date on envelope the letter was dated 26/7/10 was away when it came

[trout]

Hi Pennies,

 

They have unlawfully rescinded the alleged agreement so all they can claim now is the arrears

on the DN,not the whole balance.

 

Have a look at my threads ' no reply to cca ' in this forum & ' unlawful resission ' in the general debt

forum ' they explain the law relating to termination of cc agreements.

 

Hope this helps

[pennies]

the letter was dated 26/7/10 dont know when it came

[pennies]

hi today recieved a letter from albion collections and wanting full amount what do i do

[pennies]

at the top of the default notice which was dated 26/7/2010 it has my credit limit and outstanding balance its say i must pay arrears of xxamount before 16/8/10