Cheers Citizen I will have a look and settle down for the night. Alamand

Hi Fantasy I havn't got T&C's from 1990, Halifax have sent me their recent T&C's in my opinion. They mention credit card protection on the T&C's, on application form it is written as Credit Care,and Apr is 18.95% but on application form it is 28%and the numbered clauses which they are under on the T&C's, do not match the numbers on the application form. Looking at your post above I think that the visa centre can sign the agreement as it is part of Bank of Scotland and that they are acting on behalf of Halifax and they must handle all of Bank of Scotlands different visa's (I think there are quite a few). I think what I am going to fight them on now, is the 2 different account numbers on the application form, and that neither of them match the account number of the account that they have taken me to court with. We have only ever had 1 credit card with Halifax, so I don't know where they have got 3 different account numbers from. Alamand

Unfortunatly, back at work this weekend. But I did relax and have a jar or two last night.

Thanks Citizen A nice chocolate one will do fine. As you say, all I can do now is wait for the next step. I have started reading up in the legal section. At least I can sleep now and not panic as much, as I have read so much in the last 3 days and the excellent support and advice from you guys, have made me understand things a lot better. Ever greatful Alamand

Many many thanks Hopeful Its strange, you find out something new to question them on, everytime you read a new thread. Alamand

Hi Citizen internet connection went then CCA'd them April 2007. Received application form in July 2007. I sent the CPR request to their litigation team, named on the court papers. It seems they have sent the request to their customer services who have responded with this letter.Why would they mention the affidavit, (written statement made on oath) thanks Collinns dict. In the CCA it doesn't mention anything about court proceedings, so why mention the affidavit. This is the only answer I can think of. Alamand

Hi Hopeful Its unbelievable. I cant believe all the mistakes and blunders we have found in less than 24 hours. I have gone from thinking at least 3 years behind bars, to having a fighting chance. I owe big thankyou to all you guys Regards Alamand

Me too I think it might be all the documents requested under cpr. I also dont understand why they said report the complaint to FOS, I thought you were supposed to do that before you were taken to court. Yes it is nice not feeling panicked and rushing to make deadlines. I now have a little time to prepare things. Regards Alamand

I would have thought a new agreement should have been sent with the new account number on.

Thanks Fantasy Not heard of that .I thought Halifax was just Halifax. I wonder if that is why the account numbers are different then? We have had the card 18 years so cannot remember if they ever sent anything to say that the account number had changed. Alamand

Hi all Received a letter from Debt Managers today saying they have requested the necessary documents from YB, they will contact me when they receive it. Looks like another application form on the way, I think that will make 4 copies that I will have. Alamand

Hi guys It seems the application form is now wrong because they havn't put the correct account no on.(my thinking, please advise if wrong) So I guess the defence I sent today was correct. After reading in the legal issues, I think I now have to wait for Halifax to confirm they want to proceed and the case will be sent to my local court, and an allocation questionairre sent. Is that when I apply to amend the defence, I dont think it was very clear when to apply to amend (maybe me though)? They havnt sent a copy of default notice or anything else they want to rely on, they have said they don't need to. They sent another copy of application form and what looks like current t&c's (not 1990) and how to complain to the FOS. (I cannot believe that I missed the account numbers were different) My only worry with court, is that it is for £6k and Halifax might push for fast track, I think that happened to Spiritgirl. I did send a letter to Halifax today reguarding their lack of response to CPR request and their refusal of previous f&f settlement offer and that the offer still stands. (If I had spotted the wrong account numbers I would have offered less) My thinking is, would it be best to try and get Halifax to accept the offer, or once it gets transferred to my court, is it too late, and should I tell Halifax that I have spotted that the account numbers are wrong, which might persuade them to accept, but on the other hand it could give them time to come up with an explanation in court. Or should I take my chance in Court. Alamand

Hi Steven No. They are printed on A4 size paper, front and back. There are not 1990 t&c's because I have just read the "credit card repayments Cover. [tick box].I understand Iam purchasing the product ticked above on credit provided by you and that the terms relating to credit for the products can be found in conditions 1 - 4 in this agreement " I my application form it doesnt mention Credit care until condition 12. I have posted the first page as on second glance it states this is my credit agreement. Thanks Alamand

It must be the CPR, as I cca'd them last year and they sent the application form. I havn't sent them anything else. Alamand

Hi Citizen Just looked at all paper work I have got and received from Halifax. The 2 account numbers on the application form, one ends 29 the other ends 57, is not the same as the agreement we are being taken to court on, that ends 49. So the application form they have sent is not for the one we are being taken to court with. Alamand Yes they did charge extra £2 for Saturday delivery.

Hi Steven This is the second page of the application form, the first page is exactly the same Now if you look at the top where I have removed the account no (just under visa cente dunfermerline) That account no differs from the account no that appears at the very bottom of the page.( its at the very bottom after the no 24) This top no has been stamped on later.The bottom one is the original no I think. So there are 2 different account no's. I have no proof if the account no has been changed as we took the card out in 1990 and i have no paperwork from that far back. Thanks Alamand

Hi Steven The application form is the same one that I posted in post 1 but with their sisniture on. They cut it off on the first one. The T & C's are 8 pages long. Do you still want me to post them up Alamand

SORRY Meant to say Halifax have not done things correctly Alamand

Hi guys Just been to PO and posted next day delivery £13.20 for 2 letters (that is robbery). You wont believe what was waiting for me when I got back. Halifax's response. This is it They also put in the application form and their current T & C'S. The t&c's state APR 18.9%, but on the application form it is 28.7%. It also says if I am unhappy with their response I can frefer it to the FOS. Now shouldnt they have done all this before they put me in court. I did send them at least 3 letters saying the account was in dispute, and they never sent me their complaints procedure, only now when they have put us in court. As you can see, they say they dont have to send an affidavit ( guess that means default notice etc) Any ideas guys It seems to me that Halifax have done things correctly. Alamand

Thanks Aviator Will do Alamand

Thanks Aviator The defence has to be posted today, I have amended everything and its all ready for posting. I know the application form is most probably enforceable now, so as Halifax have failed to respond to my cpr request, Martin and Steven have amended my defence for me and as they havn't responded, I should be able to amend my defence later. I am also sending Halifax a settlement offer, so Iwil see what comes of that. I am prepared that I will most probably lose in court, but at least the interest and charges will stop and then I will go for the charges. Thanks Alamand

Hi I think the charges add up to about £300. I did SAR them when I CCA'd them. So I havn't claimed them as I am trying to negotiate a full and final settlement. The debt is £6k Thanks Aviator

And yours too Hopeful Alamand

Thanks Citizen I have tickled your thingy. Your help really appreciated tonight Alamand

Thanks Hopeful I will tell OH. I have just started reading your thread. Good luck. Alamand