Hi all Really appreciate all the passion regarding the unenforcability issues and every comment is seen in a positive sense. I am close friends with people associated to a couple of claims companys and at present who cannot find out how there company's solicitors manage to clear balance's for obvious reasons. I am not interested in paying fees so I will attack this issue myself. The balance can be cleared through the courts and the lender will then have to remove all data regarding a unenforcable agreement from there systems and they must confirm that the they have informed all credit scoring systems such as experian that the balance is settled. Until they confirm this then the goal is not achieved. I work in finance and it is time for the consumer fight back. My court aim would be to request that Halifax stop asking me for money every month for a alledged agreement they can not confirm legally belongs to me ( signed agreement ) and then threatening me with legal action ect should I not pay. Put it this way....try and take someone to court for money they have not paid you back and see what the judge says....i am sure he will request a copy of a legally binding agreement. I must make many requests to Halifax to show that I am showing fairness and also to keep on building up of my case. Thank you all for your input

Hi I would be taking halifax to court to clear the debt legally. I will not default any debt unless it was confirmed unenforcable by a court or official letter as Halifax they would hammer my credit rating. The only way I can eliminate the monthly requests for payments (statements) on a supposed account is to challenge them in court to its validity and if mr or mrs Court says its a non valid agreement due to there being no agreement them it becomes official. I will request in court that they stop requesting payments on this account as i have no legally binding association to it. Use of a CPR 31.16 will be beneficial to show the court I made many valid and reasonable attempts for clarity and transparency on the dispute and that Halifax failed to respond in a professional and reasonable manner. A subject access request will confirm that they have no agreement and will clarify exactly how much bull $hit they are talking. Need to gather as much info as possible as I not only want balance cleared but I am also thinking of seeking compensation on the grounds of there failure to comply hence the stress this has caused me (not). I really want to wipe the smile from Halifax. If anyone has any more helpful tips then please feel free to guide as I am going all the way with this and it will take a team effort. Sorry my spelling is not the best!

Hi All Would like to thank you all for your help. I am now sending off a subject access request and also a CPR 31.16 and lets see if it fushes out what they have already admitted does not exist. I have to say what else can I do the get some transparency......they are enticing / testing my mental strength me to go to court. How long do i give them to respond to each request? Have all letters sent recorded although will now move onto special delivery. Would you advise me to sign the requests or type?

Hi all Interesting case for you. Since late jan 2009 been requesting a signed copy of a credit agreement dated from 1999 for a Halifax credit card. Have had lots of communication via post and telephone and they have confirmed that they are unable to locate the original document and the agreement in not enforcable in court although should this go to court they will aduce evidence to support enforcability. Confusing !! Anyway, Complaint has escalated to the point i now have my very own claims manager...lucky me! She has remained defiant and again confirmed they can not find the original signed agreement although they have complied under section 77 in what they have sent me. I reminded them it is unenforcable and she says that my next step is to take them to court although they advise i keep paying the debt as they will aduce evidence. What this is only they know and it looks like scare actics. Please could someone tell me how to issue court proceedings and how do i forward my case and if anyone has any useful documents/advise please help me along. This must be won...they are so arrogant. Thank you in advance.

Hi Have requested copy of credit card agreement from Barclays 3 times. I now am the proud owner or 3 x terms and conditions. Within 2nd and 3rd request I requested the account was now in dispute. They have not aknowledged this in writing. Barclaycard are simply not being reasonable and are possibley hoping i am going to go away without a fight. How and who can i report barclaycard to for failure to accept my dispute on the said account. Thank you in advance and sorry about any spelling errors!

Thats excellent, help will always be appreciated. SUBJECT ACCESS REQUEST going out today recorded 01/04/2009. How can we force the issue on unenforcability as I just can not imagine alifax holding there hands up and accepting defeat. What makes them accept defeat? Any more advice will always be welcome.

Hi and thank you for reply Could you confirm when i get the SAR back what will be my next move? Does the SAR enforce them to release everything they have on file regarding this account? What will I be looking for specifically within the SAR ? The apparent signed credit agreement? I do apologise in advance for my spelling. Many thanks again for your support.

Hi All New to the forums....must say they are excellent. My story....interesting Halifax Credit Card My 1st Letter request for copy of the original signed agreement for this card...... Halifax response copy of agreement with my name typed at the top under section 1 parties to the agreement with my current address on document and not original address were the agreement would have been set up. No signatures anywere to be seen. Also terms & conditions...again no signatures. My 2nd Letter Thanking Halifax for there respose but please could we try again for a copy of the original signed agreement. Halifax Response word by word At present we are unable to locate the signed application, however it has always been our process to ensure an agreement with the cca requirements would have been signed by the customer before setting up a credit card account for the customer and that we will adduce evidence to confirm this if the matter proceeds to court. I hope this clarifies our position. My third letter In a nutshell i told them under cca the agreement is unenforcable and i would like them to tell me why they believe the agreement is enforcable? No reply so...... Since then we have discussed the position on the phone and I have stated that I believe that should they be unable to produce the signed agreement then the said account is now unenforcable. The halifax responded by saying there solicitors advise me to continue payments as the account is enforcable. What next......Am i right in still believing this is unenforcable? Is there a letter somewere i can now use to force the issue? do i need a solicitor ? Help please all......