Halifax/1st Credit

[creditcardmug]

Can you post up, or point me to whatever they have sent to you as regards an "agreement"?

[babydoll0141917]

Hi CCM ..the agreement is in post 1 ..thanks for looking

[creditcardmug]

For them to have any chance at all in court, it would have to say on the page you signed that, the terms are overleaf, or words to that effect, i cant see that on there, but i cant read all of it.

 

You must realise by now that they are taking you round in circles on this, as they do with a lot of people on here, including myself

 

What do you want to do?

 

your options,

 

1. write to say that the document does not contain the prescribed terms

2. issue a court claim to have the agreement declared unenforceable

3. pay up, as they ask, or negotiate a reduced sum

4. wait to see if they issue a claim, and defend it

[babydoll0141917]

Hi CCM

 

i think i will wait and see if they issue a claim then defend ..there is nothing to say on the front page of the app that the terms are overleaf on the reverse. PTO .etc ...i aint gonna bother writing anymore either .. the default notice i have is invalid also!! Thank you

[creditcardmug]

Good call, they will flog it to a DCA, get back when they do for a letter to kick them in to touch:)

[babydoll0141917]

Thanks CCM i will do.....had a call from robson way today ..not sure if call is for me or OH..aint add any letter yet so will wait and see

[creditcardmug]

Thanks CCM i will do.....had a call from robson way today ..not sure if call is for me or OH..aint add any letter yet so will wait and see

 

Thats who they sent mine to, i sent the bemused letter, and haven't heard since

[babydoll0141917]

Thats who they sent mine to, i sent the bemused letter, and haven't heard since

 

LOL well if it is the bumused will be ready and waiting lol..ure an angel CCM tryed clicking ya bit but it wudnt let me

[babydoll0141917]

UPDATE

 

Well CCM was right the robinson way phone calls were for me and this damn Halifax debt..Another bemused letter is onits way to them right now

[tosh1]

Hi BD

 

ANY UPDATE ON THIS?

 

TOSH1

[babydoll0141917]

Hi

halifax gave to robinson way to collect..sent robinson way bemused letter ..not heard nothing since ..not even a fone call!! been about 4 wks now

[babydoll0141917]

Update

 

Had a letter from robinson way today saying they have already sent my CCa on 8th april ..if not received to let them know if i have pay up blah blah blah ..

Well ive decided to write to them in my own words

 

like thanks for the cca that yes i did receive ..unfortunately it didnt have the right adress..the account number was incorrect and it wasnt signed by me or marbles ..also here is the 2 adresses of the other ppls CCa u sent me ..which i am keeping on file and you do know about the data protection act dont you

[lunar jim]

Have you notified them that you consider the account to be in dispute?

[babydoll0141917]

Hi Jim

Yes jim i have sent the dispute letter thats why i thought id do me own letter to them as getting a bit fed up with responses with the dcas..Dp u agree??

Edited April 30, 2009 by babydoll0141917

[Livis]

Hi babydoll, just reading your thread as i have the same response from halifax in regards to my cca request.

Under my SAr request i found a Application form and some photocopied terms 1.1 - 1.6 on a separate sheet.

Under my CCA request all i got was the standard issue current t&C and old t&C's.

I need to respond telling them that the two pages aren't linked, therefore not enforcable.

Do you have a letter that you've used that i could use too ?

Thanks Livis xx

[babydoll0141917]

Hi Liv

 

send them this..edit to suitDear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

__________________

 

 

 

 

Head the letter

 

 

 

I Do Not Acknowledge Any Debt To Your Company or Any Company You Claim To Represent

[Livis]

thanks Babydoll, much appreciated xx

[babydoll0141917]

Update

 

Well looks like robinson have handed back my account to Haliprats,,thats what the letter robbers way sent states

 

Whoever nxt lol

[creditcardmug]

Update

 

Well looks like robinson have handed back my account to Haliprats,,thats what the letter robbers way sent states

 

Whoever nxt lol

 

Same thing happened to me, nothing more for several months now!

[babydoll0141917]

hi CCM

 

you were spot on with robbers way ..u did tell me on this tread somewhere that they will walk and they have!! maybe i wont hear anything for several mths ..Fingers crossed eh

[creditcardmug]

[babydoll0141917]

Had a lovely letter of halifax today offering me 40% of this debt,,They must be getting desprate ,,Am i gonna take them up on this offer..Hell nooooooooo

[creditcardmug]

Had a lovely letter of halifax today offering me 40% of this debt,,They must be getting desprate ,,Am i gonna take them up on this offer..Hell nooooooooo

 

I got mine today too:)

[babydoll0141917]

LOL..Must Deffo be desprate.Def a job lot going out

[Fred Bassett]

LOL..Must Deffo be desprate.Def a job lot going out

 

We're not selling them for 10% off, we're not selling them for 20% off, we're not even selling them for 30% off, no, today ladies and gentlemen, you can get your unenforceable Halifax credit card debts sold to you for 40% off! And we'll chuck in a pair of bath towels.

 

Fred