!!!Experienced persons opinion reqired on HLFX / BOS CCA please!!!

[MrBrightside]

Hello, and thankyou to everyone who gives up their time to help on forums such as these - it is appreciated.

 

I have 2 cards, a Halfiax ,and a BOS Credit card (now cut into a hundred pieces may I add). The Halifax has a balance of £7300 at a rate of 8.94% for life of balance, and the BOS card has a balance of £8100 and a rate of 5.94% for life of balance.

 

I have given this info, as it would be a terrible blow for them to withdraw these special rates (and bump me up to 16+%) as a result of anything I do regarding stopping payment - so I have to be certain wether or not these accounts are unenforceable.

 

After a 3 request Halfix / BOS send the following - (Will just look at the Halifax as they are identical in format):

 

 

http://i731.photobucket.com/albums/w...feb2009pg1.jpg

 

http://i731.photobucket.com/albums/w...eb2009pg2a.jpg

 

http://i731.photobucket.com/albums/w...eb2009pg2b.jpg

 

 

 

They were virtually identical for the halifax and BOS so I've only posted 1 set.

 

The terms and conditions sheets were on one page. The signature part on the front the other part on the rear but much smaller (1/4 page, I had to enlarge it so everyone could read - my point it didn't look like part of the same agreeement at all).

 

I am thinking they too are not enforecable due to:

 

(1) Lack of credit limit specified?

(2) Lack of creditor signature.

(2.5) Lack of creditors address.

(3) I strongly suspect the signature and the terms are part of two difference documents photocopied onto one sheet.

(4) I always date anything (seriously I ALWAYS do this) I am asked to sign (where a date box exists) but yet NEITHER of the agreements are dated by myself which I find very odd indeed. sigs are different though.

(5) The signatures look grainy - could they be photocopied/scanned?

(5.5) And why is the right hand margin of the agreement box missing from both?

(6) The APR / rate tables are identical despite the card being taken out 6 months apart (the names: ie Halifax / BOS are appropriate though).

(7) Anyone know if the APR's are correct or how to calculate them, can I usr that route?

(8) It says my right to cancel will be sent to me by post - don't remember receiving this.

(9) on the BOS version the heading "This is a credit agreement regulated by the consumer credit act 1974" is missing from the top of the page (but present in the just sign here box).

 

So unenforceable or not?

 

How can I know for sure if they have been doing some cut and pasting or creative artwork?

 

Any comments at all?....

 

Many thanks.

[dx100uk]

so are you disputing you ever had these cards or trying to avoid paying your debts or hit hard times and want a reduced payment?

 

if its to avoid your debts, thats not what cag is all about.

 

dx

Edited March 13, 2009 by dx100uk

[MrBrightside]

No I'm trying to find out the following:

 

(1) Is the CCA unenforcable? Surely CAG is about that!

 

(2) Have they behaved fraudulently and constructed a valid agreement from one which was invalid.

 

xx

[MrBrightside]

Bump this thread....any help out there???

[dx100uk]

No I'm trying to find out the following:

 

(1) Is the CCA unenforcable? Surely CAG is about that!

 

(2) Have they behaved fraudulently and constructed a valid agreement from one which was invalid.

 

xx

 

ok lets say they have, thats not right no.

 

but it still makes no diff, you have been paying the debt back until now, why are you looking to stop?

 

again, thats not what cag is about.

 

dx

[MARTIN3030]

Mr B-Dx makes a valid point.

Sure CAG is about helping those who face injustice,and helping those to get back money which was taken from them unlawfully,and to help put a stop those who are being chased for payments that they do not legally owe.

But CAG is also about showing responsibility,and that includes debt avoidance which CAG has never supported nor encouraged.

I think if you answered DXs questions maybe you would understand why he was asking.

It was a totally measured response.

[MrBrightside]

I am new to this but feel like am speaking a foreign language! Have I asked in the incorrect manner?, is my phrasiology wrong?, is it an initiation ceremony for newbies?!!!

 

(1) If the agreement is unenforceable I want to know because thats what everyone else on here wants to know who posts an agreement. What action I then take (if any) is a subject for a future date...not supposition by those who should know better.

 

So for the THIRD time, all I want to know is, is the agreement unenforceable. ****why pick on my thread there must be 1000 CCA's posted on here - asking whether ythey are unenforceable or not**** what make this one so different???

 

(2) If I suspect the agreement to be cobbled together, then WHY AM I IN THE WRONG for wanting to know how to see the original or what to do about it.

 

 

Can I respectfully suggest you look at the way you talk to people on here, who are asking questions they have a right to ask, and who are in debt, and working very hard to pay it off, and keep their heads above water and need help not assenine comments.

[dx100uk]

your attitude stinks.

CAG are a forum of volunteers that have all travelled the route your are now embarking on and p'haps are puzzled by your 'focus' upon this matter and to what end it will assist your current position. p'haps we know of a better way of achieving your end 'cause we have been there before? however we don't know your gameplan.

 

members of CAG are under no obligation to help, neither be subjected to a lecture.

 

we are all in debt, working hard & trying not to let the system squash us.

may i respectfully suggest you change your attitude and take heed of those that are trying to help you.

 

unsubbing.

 

dx

[MrBrightside]

Why am I being unreasonable for asking question that 1000+ others are asking?

 

In plain English now....?

 

It is my right to ask a legitimate question.

 

I WILL REPEAT.

 

(1) In the learned opinion of any member do you think this agreement is unenforceable, given the points I have raised?

 

(2) If I suspect it has been doctored, what route can I take to get a copy of the original? Any helpful comments please...

[MrBrightside]

No reply? I'm asking for the same reason everyone else here really is:

 

I got into debt (mine was through time off due to serious injury) and now would like to get out of it without spending the next 4 years working like a mule, while I'm still only running on three cylinders so the banks (let us be honest - they are hated institutions) can keep adding interest and getting bigger bonuses.

 

Can somebody please help me out with my original inquiry????

Edited March 19, 2009 by MrBrightside

[djc]

hello again mr brightside

i am not sure if the following data is usefull but if it clarifies a few things going arround in your head then that may be helpfull.

 

When assessing if an original credit card agreement is enforceable the followng indices have to be incorporated within the agreement to conform to regulated consumer credit act 1974.

 

1/ signed by debtor

2/ creditor signature box present

3/ legibility

4/ prominence

5/ interspersing

6/ credit agreement regulated by the consumer credit act 1974

7/ current creditor correctly stated

8/ creditor address correctly stated

9/ debtor name correctly stated

10/ debtor address correctly stated

11/ cancellation protection stated

12/ debtors rights stated

13/ loss or misuse stated

14/ variable interest stated

15/ default charges stated

16/ apr purchases stated

17/ credit limit stated

18/ credit limit determination stated

19/ no limit statement

20/ repayments timing and frequency

21/ repayments ammount

 

there are other indices that can render a credit card unenforceable but would require a court to determine that.

also a number of defaults do not necessarily make an agreement unenforceable and it is therefore prudent to obtain legal guidance prior to proceeding.

 

my own personal advice is ensure that you maintain payment of at least the minimum payment each month and do not be late on those payments.

when and only then stop payment only when you have been satisfied that the breaches that have been identified are serious enough that you will win without going to court.

 

hope the above helps in some way

 

good luck

 

djc

[MrBrightside]

Thanks djc.