Aqua halifax credit card

[spidey41]

how about this on monday i posted my cca request to cabot , they signed for this letter on 25th , today i get a letter from them dated 26th , stating i have failed to respond to there letters and they are now moving this debt upto the next level , unbelievable

[babybear39]

They're a DCA, one hand etc...

[babybear39]

Send them a short letter stating that your letters appear to have crossed in the post, enclosing copies of your CCA request and thier last letter. Send recorded

[ODC]

Its Cabot after all. They dont know their rear orrifice from their elbows.

[spidey41]

i will give them the 12+2 days then report them to ts simple really

[spidey41]

just received my reply to my cca request , it read ... thank you for your payment towards your account we shall continue to add interest until a proper repayment schedule is agreed .. blah blah blah , nothing about my cca , what a bunch of idiots , any advice

[PGH7447]

wait until the deadline passes then send em a letter that due to non compliance this debt is now in serious default etc etc

[ODC]

This is a typical ploy by this shower. They may try to use it to restart the dates for a Statute Barred Debt. When you do write to them point out that the £ 1-00 was in fact the Statutory Fee and NOT a payment or acknowledgement of the account. Someone may have pressed the wrong button on the threatomatic as their usual response to a CCA request is that they are not legally obliged to provide a CCA. Obviously they havent heard of S 175 and 189 of the CCA 1974 nor the CPUTR 2008

[lihi]

ODC is right, B,O&S wrote to me telling me they accepted my payment offer of £1pcm, don't think they liked the response I sent back.

[spidey41]

 

 

JUST RECIEVED THIS FROM AQUA CARD , ON OTHER SIDE IS JUST APPLICATION FORM , NAME ADRESS ECT , THIS IS THE TERMS AND CONDITIONS , ANYBODY KNOW IF THIS IS VALID PLEASE

[supasnooper]

Hi there,

 

I'm of the opinion that a court may find this enforceable as it has the prescribed terms - Interest Rate, credit limit and what appears to be the repayment schedule. Also if the reverse of the paperwork has a link to this page then it is enforceable.

 

However, if this paperwork isn't fully legible (see right hand side) and there is nothing to link both sides of what they have sent then it would be unenforceable.

 

Sorry to be vague but with only one side to view........

 

Have a read of these threads to understand CCA's (courtesy of 42man & steven4064) -

 

Is My Agreement Enforceable - Useful

 

Consumer Credit Agreements

[spidey41]

it has no credit limit and only part of terms and conditions , it states these will follow seperatley on form

[supasnooper]

it has no credit limit and only part of terms and conditions , it states these will follow seperatley on form

 

If I may correct you here, I would think the first sentence in the first paragraph "We will decide your credit limit and tell you what it is. We may........" suffices to cover the prescribed term for the credit limit as it does tell you how it will be determined.

Edited February 10, 2009 by supasnooper
extra info

[spidey41]

it states at bottom of page for full information on paymens see our terms and conditions section 3.4 , as this only goes upto 1.5 how am i supposed to see these terms

[supasnooper]

it states at bottom of page for full information on paymens see our terms and conditions section 3.4 , as this only goes upto 1.5 how am i supposed to see these terms

 

 

Happy days then..............look and you shall see.

 

I'm off to get my eyes tested.......fed up at looking at blurred CCA's.

 

If they haven't supplied the T&C's then you can't read them.

 

Keep digging though; the more you find the better on the CCA as you've got to impress a judge with your knowledge.

[spidey41]

[deathbycrayons]

I'm assuming you've requested a CCA and that's what's been produced. It's an application form, not a CCA. In my opinion. I don't know if it's valid, someone on here with more knowledge will be able to tell you but in my opinion, it's not valid.

[fiftypence]

It's an application form so I believe it doesn't satisfy the requirements of your request.

[ashmk]

its safe to say that is not enforcable

[spidey41]

thanks , yes this is what halifax have sent me as my cca request and are now threatening court action through lcs solicitors aka 1st credit

[spidey41]

i recieved a copy of my application form from cabot a few weeks ago which they claim was a forcable signed agreement and with help from this site sent them a in dispute letter here is what i have recieved today , what is my next step

[spidey41]

here is the so called agreement the letter relates to

[spamheed]

erm if this is all that they have sent you, then it is not only unenforceable, but completely devoid of anything which vaguely resembles a prescribed term.

 

Whilst they state correctly that an agreement can in fact be made up of different documents, whilst this is true to some extent, the agreement would have to refer to the document specifically and the creditor would also have to provide same along with the agreement, something they haven't done. The "agreement that they have provided has not one single prescribed term on it at all, no credit amount, repayment terms, interest rates etc and so on.

 

In fact the only thing it does seem to have is your signature, which also appears on other similar documents like: Blockbuster video club card, library card etc and so on..... however, these don't prove liability of debt neither

 

I would draw your attention to their second paragraph which begins "Please be advised ......" this is the only relevent and accurate thing they have stated or provided, they cannot enforce a debt without an agreement and up to now they have not provided you with an agreement.

Edited April 25, 2009 by spamheed

[mr.ton]

Proberbly knocked up on microsoft office or something

Report them to the OFT/trading standards & the information commissoner.

[spidey41]

they did send me seperate terms and conditions which could relate to anything and my card statements , they also sent me a copy of noa which they must have altered as the adress on it is my new adress when the original was sent from card company i did not even live at this adress