CCA reply from Halifax Credit Card

sourcrates

dobbollah wrote: »

is the amount of the charge relevant...?

Extremely relevant.

Information contained within a credit agreement MUST be pertinent to that agreement, if it states a late payment fee of £12, for example, yet they have charged you another figure, it could render the agreement unenforceable.

Same applies to other information, contained within it, credit limit is the one they usually fall down on.

Your best bet is to post a picture of it on legal beagles, someone on there will be able to tell you if it can be enforced, or not.

happy_bunny_2

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

This is very common. I've had it loads with accounts that are clearly unenforceable. They wont admit it.

Check the amount of the late payment fee in the reconstituted terms and conditions. I've yet to see one with anything other than £12, which makes it nonsense.

If anyone writes to me about these accounts, I just say I don't care whether or not you think its enforceable, I know it isn't so feel free to test it in court.

dobbollah

sourcrates wrote: »

Your best bet is to post a picture of it on legal beagles, someone on there will be able to tell you if it can be enforced, or not.

sorry to appear stupid, post a picture of which bit....?

so if they reject my 25% offer....I should be writing back insisting that I am entitled to a full statement with individual transactions....?

dobbollah

sourcrates wrote: »

Extremely relevant.

Information contained within a credit agreement MUST be pertinent to that agreement, if it states a late payment fee of £12, for example, yet they have charged you another figure, it could render the agreement unenforceable.

Same applies to other information, contained within it, credit limit is the one they usually fall down on.

Your best bet is to post a picture of it on legal beagles, someone on there will be able to tell you if it can be enforced, or not.

yes the reconstituted agreement says they will charge:

£12 each month a mimimum payment that have been paid remains outstanding
£12 each month if, at any time during that month you go over your credit limint

rizla_king

Carey

1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

(2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

(3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

dobbollah

they sent a copy with my original address in it from years ago so it looks like they have done that, as well as a reconstituted one

[Deleted User]

dobbollah wrote: »

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....

Why don't you just pay back the money that you owe? There are mNy good people on this forum who work hard to clear their debt and then there are others who try to avoid their obligations.

rizla_king

dobbollah wrote: »

they sent a copy with my original address in it from years ago so it looks like they have done that, as well as a reconstituted one

Are the charges on that the correct ones for that time? Scan the agreements in and post somewhere like legalbeagles for advice as hppybunny said. Really needs someone who is familiar with what should legally be there to take a once over.

sourcrates

Missu wrote: »

Why don't you just pay back the money that you owe? There are mNy good people on this forum who work hard to clear their debt and then there are others who try to avoid their obligations.

the OP isn't trying to "avoid there obligations" he's exercising his rights under section 78 of the consumer credit act 1978.

A debtor is expected to abide by the terms of the agreement they signed, just as much as the creditor is, it's simple procedure, and the execution of it.

[Deleted User]

sourcrates wrote: »

the OP isn't trying to "avoid there obligations" he's exercising his rights under section 78 of the consumer credit act 1978.

A debtor is expected to abide by the terms of the agreement they signed, just as much as the creditor is, it's simple procedure, and the execution of it.

I'm confused why someone would want to exercise their rights under the Act if not to avoid paying back money that they duly owe.

Im speaking as someone who has been in debt but worked hard and went without things to make sure I paid back every penny I owed.