Halifax replied to my CCA - is it enforceable

[London000]

Hi there,
I am asking if a "Visa Card Priority Aplication" signed by me is counted as CCA. Is it enforceable??? It does say the followings:
1.Your personal details
..my name....phone no and mother maiden name...
2.Your employment
...my job, phone no from my company.
3. Additional card holde
...n/a
4.Additional services
...n/a
5.Prefered Pyment period
did not tick any of the 2 boxes in which one is 1-15 and second one 15-30 but has the following written:
On the back of this application you will find important information about your account. If you need any copy of conditions you can ask any of the branches.
Principal cardholders application and declaration
Please suply me with a card and the information I have given you is true.

I agree to be bound by the halifax visa conditions and understand that they form part of this agreement
Your right to cancel.......

6.Application's signature
This is a Credit agreement regulated under the CCA 1974. Sign if only to be legally ...and I do not understand what it says as is not clear.
I have signed it and dated back in 1997.
Then is says something about DPA1984. I am ok with that...as is about disclosing my data.

IT IS NOT SIGNED BY THEM but it is a

PW. and dated.

Help!!!
Thank you in advance.
DD

Then they have enclosed as well onto other additional sheet:
- a statement of account as at the date of this letter:
a) the balance on the acc is....pounds
b)the credit limit is ....pounds
c)the current interest rates are 29.95% for purchases, 29.95% for balance transfer, same amount for cheque and for cash advance
d)the arrears on the account is....
e)the amount currently payable by you to reach by ...is ...
f)further payments will be payable each month, if the balance is 5.00 or more, you must repay the greaterof: a)1%........blah,blah,bla h...

Sigend by Anne Gartshore....another manager...what a joke

then another additional letter in which they say that they have complied with the requirements of the Consumer Credit, regulation 1983,3(2)(b), proides that a copy can omit any signature box, signature and date of signature. In summary we are not required to produce a copy with your clients signature on it and the agreement remains enforceable.
We have satisfied our obligation to provide an executed agreement under s78. As such the agreement is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreements....
and finally they said as a reminder that failure to make payments uner this agreement will result in collection activities and any default may also be reported to credit reference agencies.

Signed again A. Gartshore

[craigers]

Sounds like an application form to me. It doesn't sound like it contains prescribed terms. Enforceability? Practically nil I'd say.

I presume you applied for the card quite a long time ago?

[London000]

Hi Craigers,
Thank you for that.
What shall I write in return? Maybe sending them a letter asking under the CPR? As it is obvious that they did not send me a true copy of agreement and definetely as you said is not enforceable. I will not pay any money anyway and I should let them go ahead with whatever they want. They have still not replied at all yet even under the fos request with regards to the amount of charges requested a while back which is stil in dispute.
But they have sent 1 week ago a notice for me being in default with the minimum payment and then 2 days ago,I am in arrears with 4 times biger amount.
I do not get what they want to do at the end. They think we are kids.
To one of my friend as we applied in the same time for CCA under s77/78 they have replied that they are not required to send a copy of any agreement but they sent just a T&C only.
Anyway I shall send them a letter so they will have to do their shopping elsewhere.
If they are for a joke, why can't I have a serious show in court if it goes.
As they are a big financial institution they should know very well the law...and what can I say ...they have not complied with it fully for so many years ; on top of which they already know it(different law applies).....and that is where we are all coming from.
Yes I have applied for this one back in 97-98.
I shall keep updating as it goes.

Regards,
DD

Originally Posted by craigers

Sounds like an application form to me. It doesn't sound like it contains prescribed terms. Enforceability? Practically nil I'd say.

I presume you applied for the card quite a long time ago?

[craigers]

Can you scan the alleged CCA and post it on here with personal info removed?

[London000]

Originally Posted by craigers

Can you scan the alleged CCA and post it on here with personal info removed?

Hi craigers,

I do not know if it can be attached directly from my PC. But I should try later this evening.
Thank you very much,
DD

[craigers]

testing testin

[vint1954]

London,

I have had the same reply from Halifax. Just an application form and a newly prepared agreement. Looks very fishy. I will post shortly.

Vint

[illonavamp]

Not an expert but, going on a similar case I went through with a credit card;

If it says "Application..." on the top it's exactly that.

Additionally the terms of the agreement must be (clearly laid out and) on the same page you sign if I remember correctly.

[London000]

Originally Posted by illonavamp

Not an expert but, going on a similar case I went through with a credit card;

If it says "Application..." on the top it's exactly that.

Additionally the terms of the agreement must be (clearly laid out and) on the same page you sign if I remember correctly.

Hi ilonavamp,
I do know that they are trying to scare you as much as possible. Do not be afraid because as far as I know an application is not an agreement. As you said the agreement ..when they will send it has to have all the prescribed terms incuding the signatures. But we shall wait for others to join us. Do not panic in anyway. I do have a few nice letters waiting to go but I should wait a little longer. I should post the letter soon. I did find it somwhere around and not only it is very professional but it does give them a big kick....
Let me know if you find anything else a very good luck! I should post with latest news. I definetely will not pay them a dime anymore as they use to scare me for so long...not anymore.
Regards,
DD

[London000]

Originally Posted by vint1954

London,

I have had the same reply from Halifax. Just an application form and a newly prepared agreement. Looks very fishy. I will post shortly.

Vint

Hi Vint,
I have replied to Ilonavamp and I will post my letter later these days. At the moment I will wait a bit for others to join us.

Regards,
DD

[London000]

Originally Posted by craigers

Can you scan the alleged CCA and post it on here with personal info removed?

Hi Craigers,
I am sorry not to open the PC yesterday but I was a bit tired....
I am trying now to do it......NO IT DOES NOT WORK the copy/paste.
I believe that I should try the photoshopbucket. I will definetely POST them tonight ...promise... although via these kind I am not big fun as URL'S as far as I know, gives viruses as well as the security of a PC.
DD

[London000]

Originally Posted by craigers

Can you scan the alleged CCA and post it on here with personal info removed?

Hi craigers,
It took me a long time but here we are with the scaned ones...
http://]

[London000]

Originally Posted by craigers

testing testin

I have to see again how to .....just to send the link only for the other ones...but is saturday night and off I go!
Any thoughts about this one???
DD

[craigers]

Just an application form as suspected. Can't really read it but I doubt it contains prescribed terms and is therefore improperly executed and I'd say unenforceable too.

[London000]

Originally Posted by craigers

Just an application form as suspected. Can't really read it but I doubt it contains prescribed terms and is therefore improperly executed and I'd say unenforceable too.

Hi craigers,
Thank you for looking into it.
I am finding myself in a very hard position to read it but as I have looked very closely there is no chance of any prescribed terms.Unenforceable too! They have also enclosed other rubish things with it but I believe is not worth even mentioning and that it was sent in a A4 brown envelope re-sealeble. I have opened it so easy.....it is amazing how they are handling our sensitive informations....Certenl y I should bring it to their attention as well. For a big financial institute they should have sent it as proof of signature....
I have in store a few letters to send them. No wonder why Halifax did mention that they do not want any correspondence with me in this matter.
I shall get back with more updates.
All the best and thank you once more,
God Bless

[craigers]

post the other rubbish they sent

[London000]

Originally Posted by craigers

post the other rubbish they sent

Hi craigers,

I have these ones and in the same envelope with tha application came Credit Card Agreement reg. by CC ACT 1974 but it is a new one drafted, no signature of both of us and I did find it somwhere on this forum -8 pages...but I shall post the link for you to see it after I post the other rubish....

<a href="Halifax3 picture by americaninparis - Photobucket" target="_blank"><img src="http://i609.photobucket.com/albums/t...n29April09.jpg" border="0" alt="Halifax3"></a>

hA!HA! I have the link where HALIFAX HAVE SENT SOMETHING SIMILAR.

http://www.consumeractiongroup.co.uk...forceable.html

Also I have just been through your thread and yes I did find exactly the same with regards to a 7-8 pages of shall we call them a new copy of Credit Agreement???? Exactly the same.
What a joke!!!!
I will not pay them anything until they are showing me exactly for what I am paying....

Regards,
DD

[LB145]

Having scanned the threads we are all getting the exact same literature back - from the same manager! I need to send the second letter and will follow the sample wording in the above threads. Wishing everyone success. Will keep reading to see if there are new updates. (Knowing that you are not the only one helps).

[craigers]

London, what are you wanting to achieve by going down the CCA route? If its a refund on unlawful charges then a gentle reminder that you are not obliged to make payments on an account in dispute on the grounds of an unenforceable credit agreement should hopefully work. It did for me with bosom buddy BOS.

[vint1954]

Hi London,

I think that we all have had similar responses from the same Manager.

Looking at a lot of the application forms on the forum, there is a date received stamp, all seem to be signed by the same person, for both Halifax and BOS applications. He must have been busy.

I responded to my receipt of documents in the way Craigers suggested, but not too gentle, pointing out that the documents received were inadequate and that the account was still in serious dispute.

I think that we are all realising, that to get a real copy of the signed agreement, a Subject access request needs to follow.

Vint