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Halifax Query

i am asking for some help with a halifax credit card

halifax provided me under a section 78 request for a true signed copy of my executed agreement

i got this over a year ago without a problem

i am currently looking into unenforceability because i have lost my job and cant no longer pay the debt on the card

apparently i signed the agreement back in 2006

a claims management company requested the same info from halifax and what they sent back is completely different to what they sent me

they claim to have sent a "copy of original terms and conditions"

upon reading this and cross checking with the original signed agreement, it seems that some of the clause have been altered by the bank and the so-called original terms and conditions don't match as to the signed agreement

they also sent a copy of reconstituted terms and conditions showing a different credit card agreement

is this legal that halifax can alter an agreement after signing it beyond recognition and without informing the customer??

i have statements going back to when i took the card out in 2006
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Comments

  • blacksta
    blacksta Posts: 919 Forumite
    Do you have copy of the original document ? - how do prove the document was altered.
    I owe £3233 @ 0%
  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    yes i have copy of original signed agreement and when you compare it to the so-called copy of original terms and conditions you can clearly see some of the clauses have been altered
  • blacksta
    blacksta Posts: 919 Forumite
    Until you post what was changed " it will hard for anyone to give an accurate advice"
    I owe £3233 @ 0%
  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    on the agreement i signed in 2006 it states in clause 4.2 that they "will not charge cash advance fees except for gambling trnsactions"

    on this so-called copy of original terms and conditions clause 4.2 has been changed and it no longer refers to gambling transactions and therefore they started charging me AFTER 2007
  • melbell
    melbell Posts: 488 Forumite
    You should really pay back your debts not wriggle out of them.
  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    melbell i did not ask to loose my job times are hard for everyone ::++((
  • blacksta
    blacksta Posts: 919 Forumite
    MUMZ2BEE wrote: »
    melbell i did not ask to loose my job times are hard for everyone ::++((

    Still not valid excuse - You need to approach the bank and explain your circumstances.

    Anyway Banks reserve the rights to change wordings of a contract thus will give you notice of this changes. THe option available as a debtor will be to repay the debt and close the account if you are not happy with the changes to the contract.
    I owe £3233 @ 0%
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    Changes to credit card T&Cs are relatively common. They typically occur every 18 months or so and all cardholders are given notice of the change and supplied with a copy. If they don't like them, they can repay their debt and close the account. If they don't do this, they agree to the revised T&Cs.

    Ignore the claims company. They're talking tosh if they reckon they can get you out of the debt. They want to make money out of you.

    Ignore everything you read about the debt not being enforeable. It is. you owe. That doesn't change.

    Get over to the Debt-free Wannabe part of the forum and seek help there. Nice people who will help you deal with your debt in a sensible way that fits your circumstances.
  • melbell
    melbell Posts: 488 Forumite
    MUMZ2BEE wrote: »
    melbell i did not ask to loose my job times are hard for everyone ::++((
    So pay back what you can afford to each month not say "ITS UNENFORCABLE I DON'T WANT TO PAY"
  • oscar52
    oscar52 Posts: 2,272 Forumite
    edited 27 March 2012 at 9:30AM
    blacksta wrote: »
    Still not valid excuse - You need to approach the bank and explain your circumstances.

    I did, they told me to Foxtrot Oscar. I am sure you can work out what I actually mean.
    melbell wrote: »
    So pay back what you can afford to each month not say "ITS UNENFORCABLE I DON'T WANT TO PAY"

    Have you tried living on £67 a week?? Rather than spout this ITS UNENFORCABLE I DON'T WANT TO PAY" how about you gain an understanding of the people that due to changes in circumstances that can NO LONGER AFFORD TO PAY and the creditors point blank refusal to help as "its not our problem" And before anyone states this doesnt happen, I used to work for probably the worst company for saying it.

    Why am I even bothering - I dont know, this forum moved away from helping those in trouble to vilifying them a long time ago.
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
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