Help Needed for Defence of Halifax Claim no CCA

[bandyandstrange]

Hi i have been taken to court and need some help in filing my Defence From halifax HBOS they say that they have a valid Credit agreement i have CCA'd them and all they have returned to me is an application form as per link below the terms and conditions are missing and this is not a valid credit agreement is there any one that can help me file a defence as the moderator that was helpin me has gone away for a few days my defence needs to be in by monday comming but i am away from tonight until then so ideally i need to get it filed today.

 

any help would be greatly appreciated

 

Mark

Image of halifax cca - Photobucket - Video and Image Hosting

[bandyandstrange]

this is what ive managed to find out so far which means the document is unenforcable need help in setting it out.

 

S59(1) consumer Credit Act 1974 comes into play here as its an application to enter into future credit and as such is void

 

in addition s60 & 61 of CCA 1974 are relevant as they set out that the document must include the prescribed terms and signed in the prescribed manner which this document doesn't contain any of.

S127(3) would prevent a court from enforcing this document.

 

 

Mark

[rosierose]

Hi Mark

 

There are plenty of defences you can amend to your circumstances in the Debt/Legalities section.

 

I don't want to undermine what your saying, but I don't believe s59 really applies to an application form. Application forms can be agreements given the correct terms etc.

 

Its quite possible, that given a defence, Halifax will fold - But even though Blair Oliver and Scott are hopeless there are some within HBOS with the nous to check and retrieve the original templates for documents of around the age yours is. Presenting your application with the rest of the agreement could sway a judge.

 

The reason I point this out is to suggest an addition to your defence to the effect that their response to your s78 request is binding under s172.

 

Rosie

[rippedoffagain]

this is what ive managed to find out so far which means the document is unenforcable need help in setting it out.

 

S59(1) consumer Credit Act 1974 comes into play here as its an application to enter into future credit and as such is void

 

in addition s60 & 61 of CCA 1974 are relevant as they set out that the document must include the prescribed terms and signed in the prescribed manner which this document doesn't contain any of.

S127(3) would prevent a court from enforcing this document.

 

 

Mark

 

Loads of defences here

[gwyther]

Hi Bandyandstrange

 

As you know i have been watching your thread and am now at the same stage as you, only difference is they produced a more convincing CCA for me a couple of weeks ago.

 

Maybe is we put our heads together we can come up with a defence we can adapt for each of us?

 

Gwyther

[bandyandstrange]

Defence now sorted and was filed sunday bos now have 33 days in which to reply to it will let everyone know what happens.

 

Gwyther i have asked 3 times now for my CCA they sent me back the same copy of application everytime, i know they have no more as i filled in that application in at airport to get some free debenhams vouchers there and then, thought no more of it and as if by magic the card arrived that was it.

 

Mark

[bandyandstrange]

Hi this cca was recieved today from bank of scotland, the front was the origonal image as in the first post photo , the reverse was terms and conditions photo copied onto the rear to look like 1 document crafty the form numbers at the bottom do not match also the fatal floor is where it reads at the top "this is a copy of your agrrement to keep. it includes a notice about your cancellation rightswhich you should read" whats it doing on the back of the application form? can any one help?

http://i213.photobucket.com/albums/cc90/bandyandstrange/ccahalifax.jpg

 

 

regards mark