Halifax Credit Card Refuse CCA

credit_cardprob

Hello Mr Fermi,

Prior to sending out the template, I received a letter stating complaint has been passed to customer relation officer. Received a call from the customer relation officer on Friday. Been told that the leaflet that was sent to me was sufficient under the Consumer Credit Act. They do not have my original application form ( was told ), he stated I can take it up with the Financial Ombudsman, and I will now get final letter from them stating matter is closed. Any advice of what actions I could take now, as I'm still waiting for the final letter.

RAS

Forget waiting for them, have you sent them a default or 12+2 day letter (same letter but you may know it under a different name).

Have you got a default on this debt and are you paying?

credit_cardprob

Still paying them on due date, no default payments in the last 8 months. Not to sure which letter you are on about.

RAS

Have they put a default on your credit record?

credit_cardprob

I believe not.

RAS

Ok

You might need to modify this then. Normally people ask for CCAs when they are in trouble and want to halt court action. if no CCa exists they can stop paying or only pay what they can afford.

But if you stop paying they can still put a default on your credit record.

Why did you request the CCA?



CCA request - After 12(+2) working days have passed:

Quote:
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

credit_cardprob

Thanks, requested for CCA as I am struggling to pay off debt, but most importantly my APR has shot right up. I was sent out a leaflet with TERMS and CONDITIONS, like I stated I been told that they do not have my original application form. Does a CCA means my original application form ? Thanks

RAS

Hi

a Consumer credit agreement has to include the prescribed terms, so in may be incorporated into the original application form or it may form a separate document that you sign at the same time, but an application form is not a CCa per se.

In fact a lot of them do not meet the requirements of the Consumer Credit Act.

credit_cardprob

Just received my final letter from Halifax, been told that I can refer the matter to the Financial Ombudsman. I requested my CCA, all they sent me eas a seperate sheet with the title terms and conditions. I also been told that they do not have my original application form.

From the letter

As discussed, i can confirm that the documentation we have provided you withis a "true copy" within the meaning of the Consumer Credit ( Cancellation Notices and Copies of Documents ) Regulation 1983. The copy may be a reconstruction of the agreements and does not have to be a photocopy of the original agreement. Furthermore, regulation 3(2)(b) of the Regulations explicitly states that any signature may be excluded from a true copy provided under section 78 of the Consumer Credit Act ( the Act ).

Can anyone please advise what action should I take now.

Thanks

RAS

Hi

Can you scan the documents that they sent and post them up here, or on flickr etc?