Halifax Query

camuk81

mum2bee, Deep breath.

As horrible as it sounds you have made a reasonable offer. can I ask has the card defaulted or is it still just within the payment terms i.e. 30 to 60 days late in a payment.

Personal experience is you have the first people in the call centre, then the first line of say credit control who are adamant they have to get money out of you, then usually a second line of credit control who realise some money is better then none.

Pop onto the DFW boards have a chat and see if we can help on this one.

Oscar, totally agree. I've been very lucky I was there for 6 months but I'm only just coming out the other side. Its not nice for anyone. Would you rather eat or pay back a debt which leaves you with nothing while the government still expect you to go to interviews all the while not explaining all the benefits or additional help that is available ,

xyellowx

op- this forum does offer help to the people who want it, but doesnt offer a arm around those who try walk away from debt they have run up whilst the rest of us end up paying for it

chanz4

I thought it did tell people how to avoid? am I on the wrong one?

Ben8282

MUMZ2BEE wrote: »

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

Lets see if I've got this straight. A year ago, for no apparent reason, you made a section 78 request for a 'true signed copy of your executed agreement' to Halifax. Why? I'm not saying you did anything wrong, but why did you do it? I've never phoned a credit card company and said 'can i make a section 78 request for a true signed copy of my executed agreement please'. Just seems like a strange thing to do.

Then, a year later, when you became unemployed, you were conned by some 'claims management company' or other into believing they could get your debt written off.

How much did they charge you? Have you paid yet?

This 'claims management company' then made a second section 78 request for a 'true signed copy of your executed agreement' to Halifax and got sent something different to what was sent to you.

How convenient for the 'claims management company'.

MUMZ2BEE wrote: »

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

What do you mean by 'changed'. Do you mean crossed out with a pen and something else written in it's place or do you mean the whole thing is a different version of the terms and conditions? Get another 'claims management company' to make another request and you may even get sent a third different set of terms and conditions.

OK. In 2007 Halifax decided they were going to charge you for cash withdrawals when previously they had been free. Presumably you were advised of this. If you were not then you may, possibly, if you are very lucky, be able to get yourself a refund of any cash withdrawal fees incurred, although I'm sure that the question of why it took you so many years to notice and question why you were now being charged for cash withdrawals would be raised, so I wouldn't get your hopes up. But why should this make the rest of the agreement unenforcable?

You ask:

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

Put that way, no it's not. But you make it sound as if they had transformed your credit card account into a mortgage account or something equally outrageous. But the only example you have given is that they have introduced a charge for cash advances in 2007? How is that altering the agreement beyond recognition?

Forget this insanity. If you are in genuine financial difficulties seek advice for those difficulties. This nonsense will get you nowhere, except possibly into debt with the 'claims management company'.