march or april 2007 I think

they never sent me one to sign. They sent me a letter saying I was already 'approved' as I held a current account with them. I rang them up went through a few questions, they said I could have the card and about a week later the card arrived. No agreement to sign or any paperwork ever came through.

Thank you for your replies. I really appreciate your help. I will send the letter and see what they come back with.

After requesting CCA from HBOS last year and them not producing I stopped paying them due to the non production of a CCA. They did send me a copy of terms and conditions (with the wrong address on ) but no executed CCA (because I never signed one). They have passed account to Blair Scott and Oliver who phone me about once a week. B,S and O have now written to me to say that HBOS have instructed them to start court proceedings against me. I am quite concerned and am not sure what to do. Should I let them take me to court knowing that they aren't able to produce the properly executed CCA??

I have today received a letter from a DCA. I think I may have been a bit stupid as I telephoned them to tell them that the account is in dispute as Halifax have not produced CCA. The man on the phone was very pleasant and agreed that Halifax need a CCA and said he would contact Halifax to request one. I think I may have admitted to taking out the credit card and that I had spent on it. Stupid I know, but he was such a nice man. (how gullible am i?) And now I'm kicking myself. Anyway, can't be helped but I was a bit flustered as the letter said they would be sending doorstep collections people round.

I have a car which is on a VW finance HP agreement. Can I reclaim the ppi? Do these agreements come under the same rules as a standard loan? thank you

Thank you for your response. Yes I have sent a letter notifying them that the account is in dispute. However, they continue to hassle me for payment by sending letters and phoning me every so often. I'm a bit fed up with now. I will contact the FOS to let them know that I am prepared to accept the refund of ppi as you suggest but state that the issue with the cca is still outstanding. Any ideas how I proceed with the non-compliance of my cca request? I know they haven't got one as I never signed one.

I would be grateful of some advice - I feel like I've come up against a brick wall. I complained some time ago to the FOS about ppi applied to my Halifax cc account and also the fact that the Halifax had not provided me with a copy of the cca as requested. After several months the FOS have come back to me and said that they uphold that my ppi was missold but the Halifax have provided some terms and conditions with my name and address on (although wrong address as at the time I took out the cc I lived elsewhere) and therefore they believe that I understood the terms and conditions and that part of my complaint is not upheld. The FOS want me to sign a letter saying that I accept the refund of the ppi as full and final settlement. Of course, I have told them that I will not sign as the Halifax still have not produced the correct documents. In the meantime, Halifax have sent me a default notice and are now telling me that they are sending the debt to a debt recovery agency. I have also written to the OFT who have basically confirmed that unless Halifax have a signed cca they cannot legally enforce the debt. So I have gone back to the FOS telling them that this is what the OFT are saying and am now waiting a response. So, now I'm at a brick wall. I have stopped paying the Halifax but don't really know what to do next. If the FOS won't get involved how do I carry on with this????

Hi Sorry I don't have a scanner. The actual agreement looks ok but the fact that they have made it up by putting my current address instead of my address at the time really is a stupid mistake on their part. I have emailed the FOS to let them know but have had no reply. I am now getting telephone calls from the Halifax demanding payment. I have just had a call from a lady who wasn't interested in the fact that the account is in dispute and just kept asking when I would be paying the account. She told me that if I didn't pay the account up to date she they would register a default and then take me to court. The FOS aren't being much help here so I don't know what to do.

anyone? I really am stuck with this and am struggling with what to do. Any advice gratefully received.

Several months ago I cca'd the Halifax for my credit card account which I applied for over the phone. They could not produce a credit agreement (because they never sent me one to sign when I opened the account). So after lots of letters back and forth I complained to the FOS. I have now received a letter from the FOS, with copies of letters sent by Halifax to my old address!! The letter from Halifax states that I am incorrect in saying that the creditor must produce a 'true signed copy' of the original agreement. They say that the requirement under section 78 is to produce a 'true copy'. Case law has made clear that this does not have to be an exact copy of the signed agreement but must contain 'every material provision' as stated in Burchell v Thompson (1920). There is no requirement for the true copy to be signed as the signature, signature box and date of signature are specifically excluded from being required in the copy section 3(2)b of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. They have sent me a copy of a document which states Credit Card Agreement Regulated by the ConsumerCrdit Act 1974. The problem with their 'credit agreement' which they allegedly sent me at the time is that the 'agreement' has got my new address on! I only moved 4 months ago and I took the credit card out about 2 years ago!! So they've obviously just made it up!!! It is not signed or dated by me. And it is not signed by a representative of Halifax. I would be so grateful if someone could offer me some advice. I am struggling as what to do now. The Halifax are fighting this one and the FOS aren't being much help to be honest.

Hi HBOS credit card have agreed to refund ppi plus interest which is fantastic news. However, they have paid it to my credit card account of which there is an outstanding balance. I am on a DMP and have other debts. Can I get them to pay the refund to me? Also, HBOS have not produced a properly executed credit agreement so as far I am concerned the account is in dispute! Please help.

thank you. I will write to them to accept their offer and request that they pay me by cheque. Any ideas what I do about the lack of CA?

Thank you, I will write to FOS accepting the offer and request that the refund is payable by cheque. I have already requested CA and they have 'been unable to locate it'. (Probably because there isn't one). Hopefully this will be all it needs. I'll keep you posted.

For several months I have been writing to Halifax re ppi insurance on both mine and my husband's credit cards. Got fobbed off several times and referred to FOS. This week we have both received letters from FOS stating that Halifax are prepared to refund premiums plus interest. Great! But the problem is firstly my letter states that any refund will be applied to the account if there is an outstanding balance (which there is). Husband's letter did not specifically state this. Secondly, Halifax have not been able to produce a credit agreement for either account. I'm not happy about the refund going to Halifax as we have other creditors and surely we should spread the money between them and secondly if there is no credit agreement then we are disputing the account and therefore they have no right to pay anything to a disputed debt??? Please advise - I'm a bit confused of what to do now.

Both myself and my husband have Halifax CC on which we were paying ppi. We both ended up going to FOS after Halifax refused to refund payments (husband has medical condition and I have more than adquate cover through my employer). We have both received letters from FOS stating that Halifax are not accepting liability but as a gesture of goodwill they are prepared to refund ppi payments, interest paid plus 8%. The letter I received from the FOS states that it would be usual for the refund to go onto the account if money is still owed but husband's letter did not state this. I am not happy if the money goes onto the account as this is our money and surely we should be able to decide what to do with it. We both owe money to other banks and are repaying through a DMP, so surely any money we get should be shared between all creditors. Halifax have not been able to produce credit agreements for either account so as far as I'm concerned the accounts are still in dispute and therefore we should not have to make any payments until they can produce the correct paperwork??? Sorry for the long post but I really don't know what to do. Can we insist the money is repaid to us ?

After a complaint to the FOS we have received a letter stating that HBOS are not excepting liability but as a 'gesture of goodwill' are willing to refund all ppi payments plus interest plus 8% statutory interest. Not sure how much this will be but looking at about 4k. As there is still an outstanding balance on the credit card, does anyone know whether they will pay the money to card or will we receive a cheque? Can we insist on a cheque as we have other outstanding debts?

thank you so much for your advice. I will send the letter off and see what happens.

Hi After requesting my CCA from Halifax, they did not respond positively and basically told me they didn't have one. After several letters back and forth (I gave them well over the prescribed time limit), I have stopped payment until they can produce the agreement. I am now being bombarded with phone calls both at home and on my mobile. I have received a letter from their debt collection department demanding payment. I have written back to them explaining why I am witholding payment and that they are not permitted to chase the debt. My question is do I do anything else or do I just ignore them? Please help as the constant phone calls are driving me mad. thanks

I've received a letter from Barclays today stating they are passing my complaint to their litigation team. I don't know what this means. Are they expecting to go to court? Has anyone had this before? :?

maybe I should take the complaint to the FOS and continue payment until then but if they don't have a credit agreement are they allowed to register a default? If they have no CCA signed by me I didn't think they were allowed to process my data.

this is so helpful. I would be lost without this site.

Thanks so much for advice. I will send them a CCA request and see what they come back with. I'll let you know how I get on as I'm sure I'll need further help. Thanks again.

Anyone? Should I write to the Halifax informing them that I am stopping payment until they produce a credit agreemnt?

thanks for the advice. They still haven't come up with anything so I'm going to complain to the Information Commissioner and the FOS. Do you think I should stop paying them until they comply with the SAR?