Halifax And Blair Oliver Scott

[sunflower99]

Hi All

I got my signed application form back from Hakifax today and i have to say it does look enforceable to me,They have all their prescribed terms on the page I signed. It does not look like a copy and paste so folks if i was a bloke i would say that Halifax got me by the b------ks:eek:

[carpinjoy]

Can you post it up for us to confirm, you never know.

[sunflower99]

I know these things are often micro filch but to be fair to Halifax it does not look dodgy and it looks like it likely to be a direct copy from original i have to say.so they got me i am afraid so will have to carry on paying them loads of money that i have difficulty affording:mad:

[sunflower99]

Can you post it up for us to confirm, you never know.

Hi Carpinjpy

Yes i will post it up shortly! Just got to scan it as i had a rather hectic morning and the dratted thing arrivved just as i was nearly ready to go out the door to leg clinic! and then i got home i got collered by someone promising to try and get our electric and gas bills down ! so been a strange morning!

Edited March 22, 2010 by sunflower99

[sunflower99]

Also waiting for a call from my union rep !

[sunflower99]

It never rains but pours!

[carpinjoy]

Gently does it, dont get stressed, we are all here to help. Do it when you have had a cuppa and taken the stress out of your legs, there is plenty of time.

[sunflower99]

Edited March 22, 2010 by sunflower99

[sunflower99]

Edited March 22, 2010 by sunflower99

[sunflower99]

The above are what Halifax sent me in reponse to request for cca.It does look enforceable

[sunflower99]

The only thing i can say about it is i suppose i can say it is not easily legible and a struggle to read the perscribed terms and donditons etc,Very poor quality print and faded in places whch would possibly give it a black mark if it went to court..As i said probably a microfilch and original could have been destroyed ,But to be fair it does look like this copy was taken from original in correct form and originl layout so dont think i want to argue about that unless anyone on thread can see anything i hacve missed that can make be question whether it excuted properly but to me it does look enforceable unless i missed something.

Edited March 23, 2010 by sunflower99

[sunflower99]

The only odd thing i can say about it is its dates ,I notice i signed it on the 7th Nov 05 and also that it was counter signed by a Halifax employee on 7th Nov 05,As i though the employee represntative was supposed to sign the agreement after i signed it,Now i am sure would have had this form sent to me through post to sign at home and apparently i dated it 7th Nov 2005 so seems strange that employee also dated it 7th Nov 20o5,As if i signed it at home which i assume i did and if i posted it back that day or the day after you would have assumed the ealiest they would have got it would be round about the 8th or 9th Nov so would have though employee would not have had document to sign on 7th Nov . but i suppose that not a major issue that I could raise and would not be a bar to enforcement,I should imagine it could be argued that one of us got dates wrong and they would say there was no proof that i signed it a home and that it could have been signed in a branch etc,

[sunflower99]

The initial application was definitly done over the telephone,I can remember the occasion.i rang up the Halifax to enquire about a form to send for an application form for a mortgage payment holiday to help us cope with increased fiancial demands of christmas,During the conversation the Halifax cutomer services lady started tlking about their Halifax credit card and telling me it had 0% interest for several months could have been nine months or a year or something like that can not remember exact 0% inerest time,But i can emeber how much she was begging me to have one of their cards and was almost biting my arm of to have one:eek: She told me how it would help to have one of their cards this time of year ,I told her that i would proably not be allowed one as i had been turned down online by one of thier computers when i tried to apply for a card sponsored by their bank a few moths ago,She told me to not worry and just answer some questions over the phone to recheck if i was suitable for a card,I answered them and to my great surprise i was offered one of thei cards,

[Dotty50]

Hi Sunflower,

 

At work but just popped on.

 

This is the first one I have seen that is actually headed 'Credit Card Agreement' etc. But how they managed to execute this on the same day as your signature when it was done by post is obviously wrong but wouldn't have thought this would render it unenforcable.

 

It also shows that the 0% rate was for 12months and a standard rate on expiry of 12. something. Bet your standard rate is a LOT higher now!

[sunflower99]

i notice on outgoings that my loan outgoings on application form were approx £660 and my annual income was £11,200 yet they still wanted to give me a credit card which started at something round £1000 or £1,500 if i remember rightly! A case of irresponsible lending maybe?Plus it says i had four other credit cards on form too!so i suppose a case for iresponsible lending could be made if they drag me to court,They must have realised that i can not be trusted with credit cards especially as i told the customer servicem woman i had ben turned down for one of their cards online a few months ago plus she could see i had four credit cards and loks likke going by that form they took in that i was paying out at least £660 out in loans and commitments and that on top of that i had living expenses such as food utility bills fares to work phone etc etc to name a few!

Edited March 23, 2010 by sunflower99

[Dotty50]

The lady was probably bumping her xmas bonus with extra sales!

[sunflower99]

The lady was probably bumping her xmas bonus with extra sales!

Hi Dotty

Yes that was my thoughts too,i suspect Halifax were encouraging their staff to do a big christmas push with the carrot of a nice enhanced Xmas bonus for every credit card they persuaded someone to take out.Halifax knew full well that christmas is a extra vulnerble time for people to be tempted to over stretch themselves and get them selves into even more debt to have a nice christmas.

[sunflower99]

I think the poor Halifax customer service lady would have cried if i had not taken up her offer of a credit card! and at time i was worried about christmas especially as my OH was depressed and not well plus short of money and i wanted to give him and me a decent christmas to lift our spirits up and cheer him up,and hated him thinking i was scrooge,So though some people might say i should have resisted that credit card and not used it but is incredibly tempting to use credit facilities offered to you when you got problems and we only human. and christmas looming with health problems. Getting older you sometimes wonder how many decent christmases there are left to enjoy and want to enjoy the looming one in case you dont get many more christmases if you get my drift.

[sunflower99]

one thing i need to do is get that agreement and go through small print with a strong magnifying glass ,The prescribed terms are very difficult to read and some parts very faded,I suppose there must be something about a credit limit on there though not spotted it yet,As i supppose they are supposed to have a credit limit for it to be correctly executed,still one good thing is a solicitor told me that agreements should be legible and work as a big black mark against a DCA whio takes someone to court if it is not legible..So i could enter in defence that agreement not very legible ! as well as irresponsible lending! Apparently there is something now called the unfair relationship act which can be used in defence to help a defendants case in court.

[sunflower99]

Edited March 23, 2010 by sunflower99

[sunflower99]

i thought this letter a keeper,It dated Jan 2008 just as i was geting into deeper problems with balances getting larger on all my credit cards ,Often making only minimum repayments,If Halifax had done credit checks or taken notice of them if i did and monitered what was happening they should have realised i was not good with credit cards budgets and manging debts and loan and living and had way to much credit and debts for someone on my sort of income and a Oh on incapacity benefit by now.Yet they offered me more credit! Alright they took it back a few months later but being tempted by offers of credit increase in january would still have made my problems worse and to be tempted to spend more on their card and other credit cards in that month they did give me increased credit,

[Dotty50]

Yes that letter says it all and some are now backtracking I have had 2 letters this week reducing my limit on 2 cards that are up to date, I have not done anything with them yet due to the offset rule (Barclays) but I have just sent in CCA reguest for OH Barclaycard!

 

Looks like some of my problems mirror yours sunflower, but just remember they can't get blood out of a stone and even IF it ever ended up in court, the judge will only make you pay what you can afford. If you have been trying to make payments it is all proof for you to produce.

 

I only just decided to dispute mine after trying to get an agreed arrangement confirmed in writing, not a lot to expect in view of the way they handle customers.

 

What would we do without this site for support?

Edited March 23, 2010 by Dotty50

[sunflower99]

Hi Sunflower,

 

At work but just popped on.

 

This is the first one I have seen that is actually headed 'Credit Card Agreement' etc. But how they managed to execute this on the same day as your signature when it was done by post is obviously wrong but wouldn't have thought this would render it unenforcable.

 

It also shows that the 0% rate was for 12months and a standard rate on expiry of 12. something. Bet your standard rate is a LOT higher now!

Hi Dotty

Yes i suppose thts the trouble by end of 2005 when my card was taken out they were probably getting a bit more avy on the imprtance of drawing up more correctly executed agreements!

[sunflower99]

Yes that letter says it all and some are now backtracking I have had 2 letters this week reducing my limit on 2 cards that are up to date, I have not done anything with them yet due to the offset rule (Barclays) but I have just sent in CCA reguest for OH Barclaycard!

 

Looks like some of my problems mirror yours sunflower, but just remember they can't get blood out of a stone and even IF it ever ended up in court, the judge will only make you pay what you can afford. If you have been trying to make payments it is all proof for you to produce.

 

I only just decided to dispute mine after trying to get an agreed arrangement confirmed in writing, not a lot to expect in view of the way they handle customers.

 

What would we do without this site for support?

Hi Dotty

Yes thats what people tell me if i do go to court and ask judge to take into account my income and other commitments he will as you say only order me to oay what i can reasonably afford.Also from what i understand if you can give the DJ examples of DCA bad behaviour such as irresponsilbe lending being unresaonable harrasement a reasonable judge will aslo take that into account when ordering what a defendant must pay,Even better a solictor told me that you can now use irresponsible lending and the unfair relationship act in a defence and ask a court to take it into account as the courts have got wide powers and can rewrite agreements and change them complety so they more in a efendants favour if judge consider the defendant been unfairly or unreasonably treated or the victim of bad irresponsible lending by the crediter,Courts can rewrite agreements so that things can happen like debt reduced interest frozen or reduced etc as well as reducing payments debtor has to make !

[Dotty50]

That's very interesting, not read anything about that.

 

At least being with Blair O H the balance will not increase any more