Reconstituted version of CCA.

[jimi]

Please help ,

Ive had a Halifax card since late 2004.

 

In early 2007 the account number was changed ( I imagine I may have lost my card and been sent a new one ) or am I being naïve ?

 

Over the next several years my credit limit kept on increasing without me requesting it.

It was raised 11 times from the original £2750 till in spring 2014 it stood at £13950

 

Towards the end of that year Halifax told me that my interest rate was to be hiked up but explained that if I didn't agree to this I was entitled to close the account and pay it off as was previously the case.

 

At this time I was struggling financially and the card was maxed out, so, as the minimum payment was already proving to be a burden I chose to close the account.

 

Since then and up to today Ive never missed a payment and have paid a total of £8000 but have accrued £5450 in interest. So Im still £11400 in debt to them.

 

Last month they kindly reminded me that "just paying minimum payments " is likely to be expensive for me but worryingly they quoted a new FCA DIRECTIVE which says I am in "Persistent debt".

 

I came across your wonderful site and read up and decided to request a copy of my agreement. my request was made using the most recent account number ie from 2007 and what was sent doesn't seem to be an agreement..please help

 

rather worryingly ten minutes after posting my question I got a call on my mobile from 07889902214 and a taped message telling me about a govt scheme to write off debt!

 

Ive NEVER EVER had such a call in the past EVER so something fishys going on!

Edited October 16, 2018 by dx100uk
spacing

[dx100uk]

can you scan up what you have received please

read upload.

 

one multipage PDF only please.

 

it smacks me rather concerning the Halifax would allow such a balance to be created and with their blessing.

if you only ever paid off the minimum or just over across most months of the cards history, then in my eyes that blatant irresponsible lending and you can raise a claim regarding this.

 

something not right here unless they did checks each time and your credit file remained clean and they had other sources for what your income was.

 

give us the info lets see whats what.

 

dx

[AndyOrch]

" Under the new rules, firms will have to take a series of steps to help customers in persistent debt. When a customer has been in persistent debt for eighteen months, firms will be required to prompt them to make faster repayments if they can afford to do so. If a customer is still in persistent debt after a further consecutive eighteen month period, firms must take steps, such as proposing a repayment plan, to help them to repay their outstanding balances more quickly. Customers who do not respond, or who confirm that they can afford to repay faster but decline to do so, would have their ability to use the card suspended.

 

The FCA also proposes that where a customer cannot afford any of the options proposed to repay their balance more quickly, firms must take further steps to assist them to repay the balance in a reasonable period, for example by reducing, waiving or cancelling any interest or charges. It is expected that firms would normally suspend use of the customer’s card during this period."

 

https://www.fca.org.uk/news/press-releases/fca-proposes-new-rules-help-customers-persistent-debt-credit-cards#header

 

 

Andy

[jimi]

thanks for reading my plight dx and andy.

 

I am having no luck scanning the required stuff ( MY 25 YEAR OLD SON CAN HELP ME LATER)

 

to dx I would say that I agree ive only ever had a poorly paid self employed job and I wonder if they've treated me fairly or not.

 

and to Andy thanks I agree with everything that you're saying its CONC ISNT IT?

The aim is laudable ie to stop people being trapped in a never ending cycle of debt but one thing that Ive noticed is that they class you as in "persistant debt" if you've just been paying min payments for the last 18 months.

 

they kindly advise of debt charities BUT the very same advice bodies always recommend paying off your biggest interest debt first which is exactly what I have been doing

ive totally cleared 3 large debts that were charging double the rate of the Halifax card.

 

so heres the rub because ive been acting perfectas best as I can im now at risk of ruining my credit file because of this newfound directive over a debt that was conceived years before that same directive was born

 

oh and by the way andy I m not sure if you noticed that the account has been closed now for some years so any threats to stop the card aren't valid its just the threat Halifax made to besmirch my credit rating. and its the poorly thought out and phrasing of the threat Halifax made..

Edited October 16, 2018 by dx100uk
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[AndyOrch]

So you have to make a choice......but it will involve possibly wrecking your credit score...do you believe that the reconstituted to be valid ?

 

Do you think that they possibly have the original from 2004 ?

 

If your position has become untenable and they are not prepared to assist....and in view of being unable to disclose a valid copy of the true original executed agreement...you could drop the payment to a £5 pm and see what reaction you get.If they sell the debt on then stop the £5 all together and send the new owner a further section 78 request.

 

If Halifax cant comply ..then the DCA wont either and there would be very little chance of litigation following...yes you would have to possibly live with a trashed credit report for 6 years..but far better paying a debt that never decreases and you have no possibility of ever paying it off.

 

But the choice is yours.

 

 

Andy

[jimi]

there is no doubt that the reconstituted is invalid... my name is spelt wrong for starters!

 

they could have the original but recall when I asked was I being naïve earlier when I mentioned about the account number being changed back in 2007 it then followed that the rules for challenging changed then ie 2007.

 

maybe I am now being paranoid but they seem to be slippery devils is it worth asking Halifax to disclose the agreement on the original account number?

 

im reluctant to purposefully trash my own credit file as I feel like Ill need a remortgage in the foreseeable.

 

a difficult thing to find out is whether this agreement is from 2004 or is it 2007?

Edited October 16, 2018 by dx100uk
Spacing

[dx100uk]

Use phone or digital camera read upload tells you how

[jimi]

I really appreciate all of your help . ive been trying for an hour to upload whats needed but my phone is ancient and my computer too. I cant do it for the love of trying , first thing tomorrow I will get some help and get it sorted .

[dx100uk]

want a secure email to send it too?

 

dx

[jimi]

Sorry its late but I need some technical help to upload

RECONSTITUTED CCA.pdf

[AndyOrch]

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

 

They varied the agreement by giving you a new agreement number...therefore the above is not valid and they remain in default.

 

They wont go near a court room with the above....or silly if they did.

 

 

Andy

[jimi]

Sounds good but what options do I have then

quite honestly Id like to offer a full and final of 2 or 3k is this wise?

[dx100uk]

Why?

Did this not vanish from your credit file years ago?

[jimi]

Don't think so DX,

they still send me monthly statements and I normally send them the minimum payments, as ive never defaulted I wouldn't think there are any bad marks there I honestly haven't checked for years

 

the reason Ive re-engaged with this matter is the threat made by HALIFAX to mark my credit file with a Persistent Debt notice ( SEE DOCS ABOVE) this would be most unwelcome.

 

This letter from H ALSO GOT ME RUMMAGING AROUND LOOKING AT conc STUFF and checking the amazing CAG SITE AND THIS GOT ME THINKING ABOUT HOW UNFAIR THEY HAVE BEEN WITH ME AND I THINK THEY SHOULD SURELY SHOULDER SOME BLAME FOR MY PREDICAMENT .

 

I was very interested to read about how some older agreements are not enforceable unless an original signed agreement can be produced does this apply in my instance?

[dx100uk]

They could comply with the CCa with a recon but for court purposes it wont do

But they the OC wont ever do court

A dca if it gets sold might if they are stupid enough

 

What you have puts you in a stronger F&F position but you wont escape a partial settlement marker me thinks???

[jimi]

a partial settlement marker would have damaging consequences for the future and its something I wish to avoid

[dx100uk]

pretty sure that's what you'd get

not sure how Halifax actually deal with an F&F mind very little info on them.

[dbs12]

HBOS are the worst of all creditors to come to arrangements with concerning anything less than full payment of accounts,they much prefer you to default and pass you on to a dca.

 

You should however without delay write and complain to them about how they have dealt with your account especially if you where self employed with no good income .

 

I got a £70k mortgage shortfall written off per same but they still got it marked as satisfied with a default registered .

 

Im also in the process of persuing an irresponsible lending claim on all accounts i held with them .

 

GET YOUR COMPLAINT INTO THEM IN WRITING THEN TAKE IT FURTHER WHEN THEY TRY TO PALM YOU OFF theyre the biggest irresponsible lender of all.

 

I had accounts with nearly every lender out there Trust me halifax are the worst.

[jimi]

Thanks DB and DX and Andyorch

Ive ,rather stupidly, been on the telephone to Halifax, I now know that was a mistake and I wish that I hadn't.

 

They have written back poo-pooing my complaint .

I initially thought that anonymity was crucial but I guess that they closely follow this site and already have me flagged up.

I shall post again tomorrow and , believe me , I'm gonna come out "guns blazing" .

 

thanks for listening .

[dx100uk]

doubt they would bother to read here.

 

what did you complain about?

 

dx