CCA reply from Halifax Credit Card

dobbollah

I sent a CCA request to Halifax and they replied today with a statment of the account showing:

the balance and just that.

Reconstituted version of the current terms and conditions

Reconstituted version of the orignal executed agreement.

I thought they had to show a copy of the agreement with my signiture on but...

THe copy of the agreement enclosed with this letter complies with requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signiture box, signiture or date of signiture. In summary we are not required to produce a copy with the ptimary cardholders signiture on it

Is this right?

sourcrates

dobbollah wrote: »

I sent a CCA request to Halifax and they replied today with a statment of the account showing:

the balance and just that.

Reconstituted version of the current terms and conditions

Reconstituted version of the orignal executed agreement.

I thought they had to show a copy of the agreement with my signiture on but...

THe copy of the agreement enclosed with this letter complies with requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signiture box, signiture or date of signiture. In summary we are not required to produce a copy with the ptimary cardholders signiture on it

Is this right?

How old was the account, when was it opened ?

They are correct, there is no requirement to produce the original, nor must it show your signature, what they have sent you will probebly be sufficient to comply with your section 78 request.

Dependant on when the account was opened, it may be a different matter for them to rely on that information in court though.

dobbollah

They also say "by providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement is enforceableand we shall continue to treat it as such. We will not be entering into any further correspondance with you regarding the requirements relating to provison of copy agreement.

not overly friendly....,

the account start date is 28/01/2004

sourcrates

dobbollah wrote: »

They also say "by providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement is enforceableand we shall continue to treat it as such. We will not be entering into any further correspondance with you regarding the requirements relating to provison of copy agreement.

not overly friendly....,

the account start date is 28/01/2004

You should write back and ask them if they actually hold an original copy or not, as I said, a recon may be sufficient for your sec 78 request, but may not be sufficient to be relied upon in court.

They are two seperate issues you see, if a creditor doesn't hold an original, they can still prove the agreement existed, by supplying the court with information from other sources, if they hold such information, on the other hand they could just say we can't enforce it without the original, and back down, however it looks as if Halifax are preparing for a fight here !!!

dobbollah

Yes the tone of the letter is very much 'nice try stick it'

I could pen a letter requesting original documents...how would i word such a request as they have made it clear they dont want to play ball

or

Ive a lot of overtime coming this month....i wonder if i just might make a 25% offer to settle....

sourcrates

dobbollah wrote: »

Yes the tone of the letter is very much 'nice try stick it'

I could pen a letter requesting original documents

or

Ive a lot of overtime coming this month....i wonder if i just might make a 25% offer to settle....

Or, if you want to know whether they actually have the original signed agreement or not you could make a Subject Access Request under the Data Protection Act. They can charge you £10 but you’ll know exactly what they hold on your file

dobbollah

If they dont hold the signed agreement.....then does it weaken thier position ?

It seems they are confident what they sent is sufficient......

Ultimately whats the end game as i dont want to stand up in court...ifvthey stand their ground do i have to call their bluff ?

what would you do....

s a r or make a settlement offer

if sar is the answer is there a standard form to fill??

sourcrates

It depends on weather you want to make a fight of it, or just have rid of it, challenging them over enforcability issues could just drag on and on, with no clear ending, if you feel you really want to know for sure, send the SAR, if not, make them an offer to make it go away.

SAR template here :

https://forums.moneysavingexpert.com/discussion/1475553

dobbollah

I want rid.........i'll pen a 25% offer

happy_bunny_2

If from 2004, the charges in the original agreement for missed payments would have been £25 or £35.

What's it say in the one they sent you? This is a common error in reconstituted ones I have had, as it says £12.

SAR should get the original.

Worth a go if the 25% gets rejected.

dobbollah

the statement merely says todays balance, no detail other than that.

is the amount of the charge relevant...?