Halifax Credit Card Refuse CCA.

credit_cardprob · 8 February 2009 at 7:52PM

Hello,

Requested twice CCA from Halifax Credit Card, I used the template from the National Debt Line. Having no luck from them, please see below the letter I received :

You have previously requested under section 78 of the Consumer Credit Act 1974 a copy of the executed credit agreement, We provided you with a copy, with compiles with the requirement of the Consumer Credit Act 1974 and the Consumer Credit regulation.

All I received was the terms and condition ( standard form ) nothing with my name on, credit limit etc.

You now ask for a copy of the application form with your siganature on it. We are not required to provide such documnet under section 78. The regulations define what is required of a " copy ". Whilst regulation 3 provides " every copy" of an executed agreement....shall be a true copy. Regulation 3 (2) (b) provide that a copy can omit any signature box, signature or date of siganture.

As I believe when I request for my CCA, it should be the original agreement with my name, credit limit, apr and signature. Should I carry on paying Halifax the minimum repayment each month ?? This has been ongoing for the last 3 months.

Please advise

YorkshireBoy · 8 February 2009 at 7:59PM

Do you not remember signing an agreement, or are you just chancing your luck?

credit_cardprob · 8 February 2009 at 8:07PM

90 % believe never signed agreement, does that make a difference ??

Burlesque_Babe · 8 February 2009 at 8:09PM

why are you asking for it? Is the account still with the Halifax or has it been bought by a debt collection agency?

credit_cardprob · 8 February 2009 at 8:11PM

Still owe them money, Halifax increased my apr by 6 % in the last 4 months.

credit_cardprob · 8 February 2009 at 8:12PM

Not been brought by debt agency and not in default, I pay on time but just above minimum reayment.

IWantToBeFree_2 · 8 February 2009 at 8:15PM

How about just paying back what you owe? Surely you agree to the terms when you spend their money....

Burlesque_Babe · 8 February 2009 at 8:29PM

then going down the CCA route is just avoidance of payment I'm afraid and not what the provision of CCA is about.....Halifax raising the APR is just the way CC's work and is why it is called variable. Look to move it to a 0% card or one with a low LoB APR.