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Halifax personal loan agreement

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  • #16
    Re: Halifax personal loan agreement

    Sorry, I was asking how large you think your debts are at the moment?

    Comment


    • #17
      Re: Halifax personal loan agreement

      Originally posted by Debt Camel View Post
      Sorry, I was asking how large you think your debts are at the moment?
      I am NOT undertaking another form of debt solution.

      Comment


      • #18
        Re: Halifax personal loan agreement

        I've had a very interesting conversation with a solicitor who specialises in credit agreements.

        He reckons that the bank have improperly executed my agreement because of the multiple errors and the fact that there is no signature box.

        He said under section 127(1) the bank cannot make an application for a claim because they would have to approach the court to ask for the court to remedy the errors on the agreement.

        However, the main concern I have is the fact that the agreement clearly has no signature box and hasn't been ticked off either electronically or by hand.

        The solicitor then banged on about if I owned any property, I said no it was in my partner's name, then he said about having a "beneficial interest".

        I said no, because I had not contributed to the cost of the mortgage and I also signed a waiver with my partner's solicitors forefiting any beneficial interest.

        So with this in mind, and with an improperly executed agreement, what can Halifax actually do!?

        Comment


        • #19
          Re: Halifax personal loan agreement

          Originally posted by Spellkaster View Post
          I've had a very interesting conversation with a solicitor who specialises in credit agreements.

          He reckons that the bank have improperly executed my agreement because of the multiple errors and the fact that there is no signature box.

          He said under section 127(1) the bank cannot make an application for a claim because they would have to approach the court to ask for the court to remedy the errors on the agreement.

          However, the main concern I have is the fact that the agreement clearly has no signature box and hasn't been ticked off either electronically or by hand.

          The solicitor then banged on about if I owned any property, I said no it was in my partner's name, then he said about having a "beneficial interest".

          I said no, because I had not contributed to the cost of the mortgage and I also signed a waiver with my partner's solicitors forefiting any beneficial interest.

          So with this in mind, and with an improperly executed agreement, what can Halifax actually do!?
          Hi,

          As said previously IF the document supplied is a " RECONSTITUTED " agreement no signatures are required, but is must have:
          1. Your name and address as it was when the account was opened.
          2. The creditors name and address when the account was opened.
          3. The T's & C' relevant when the account was opened.
          4. Those relevant when the account was closed.
          5. Any other documents mentioned in the T's & C's

          nem

          Comment


          • #20
            Re: Halifax personal loan agreement

            Originally posted by nemesis45 View Post
            Hi,

            As said previously IF the document supplied is a " RECONSTITUTED " agreement no signatures are required, but is must have:
            1. Your name and address as it was when the account was opened.
            2. The creditors name and address when the account was opened.
            3. The T's & C' relevant when the account was opened.
            4. Those relevant when the account was closed.
            5. Any other documents mentioned in the T's & C's

            nem
            On the creditagreement provided by the bank it says"BANK COPY"so its not a recon.

            Incorrect address and incorrect rate of interest, no separate T's & C's provided at the time, no signature box present ie not been ticket electronically or by hand.

            Comment


            • #21
              Re: Halifax personal loan agreement

              Originally posted by Spellkaster View Post
              On the creditagreement provided by the bank it says"BANK COPY"so its not a recon.

              Incorrect address and incorrect rate of interest, no separate T's & C's provided at the time, no signature box present ie not been ticket electronically or by hand.
              Ok,

              In that case I don't think it is compliant or enforceable.

              It seems to me that the bank has attempted to reconstitute ( without admitting it has) calling the document a " bank copy" to confuse matters.

              nem

              nem

              Comment


              • #22
                Re: Halifax personal loan agreement

                Originally posted by nemesis45 View Post
                Ok,

                In that case I don't think it is compliant or enforceable.

                It seems to me that the bank has attempted to reconstitute ( without admitting it has) calling the document a " bank copy" to confuse matters.

                nem

                nem
                Thanks nem

                So what can my creditor then do without an enforceable agreement in this case1?

                Halifax did have a habit going back earlier on in the year sending the debt to DCA's for collection.

                Can I therefore refuse to deal with DCA's on an agreement which is non compliant!?

                Comment


                • #23
                  Re: Halifax personal loan agreement

                  Originally posted by Spellkaster View Post
                  Thanks nem

                  So what can my creditor then do without an enforceable agreement in this case1?

                  Halifax did have a habit going back earlier on in the year sending the debt to DCA's for collection.

                  Can I therefore refuse to deal with DCA's on an agreement which is non compliant!?
                  Hello spellkaster,


                  Possibilities:-

                  1. Issue a claim and hope they can persuade a judge they have done enough to enforce the debt. ( seems unlikely as if they believed they could win a claim they would have issued one by now)

                  2. Sell the debt on to a debt purchaser as part of a portfolio of delinquent accounts without mentioning the disputed agreement ( a likely outcome.)

                  3. Sit on the debt and start bombardment of collection letters. phone calls etc. ( if this became a regular and frequent activity then it may amount to harassment and can be challenged.

                  nem

                  Comment


                  • #24
                    Re: Halifax personal loan agreement

                    Originally posted by nemesis45 View Post
                    Hello spellkaster,


                    Possibilities:-

                    1. Issue a claim and hope they can persuade a judge they have done enough to enforce the debt. ( seems unlikely as if they believed they could win a claim they would have issued one by now)

                    2. Sell the debt on to a debt purchaser as part of a portfolio of delinquent accounts without mentioning the disputed agreement ( a likely outcome.)

                    3. Sit on the debt and start bombardment of collection letters. phone calls etc. ( if this became a regular and frequent activity then it may amount to harassment and can be challenged.

                    nem
                    Thanks nem

                    In the meantime I shall ignore until I hear otherwise.

                    I sent Halifax a letter back on the 17th November this year and enclosing an income and expenditure sheet clearly showing I am unable to make payments, so not in there interest to take me to court!!

                    Halifax has not replied to this letter or the income and expenditure sheet I sent them!!

                    Comment


                    • #25
                      Re: Halifax personal loan agreement

                      Originally posted by Spellkaster View Post
                      Thanks nem

                      In the meantime I shall ignore until I hear otherwise.

                      I sent Halifax a letter back on the 17th November this year and enclosing an income and expenditure sheet clearly showing I am unable to make payments, so not in there interest to take me to court!!

                      Halifax has not replied to this letter or the income and expenditure sheet I sent them!!
                      Hi,

                      I'm afraid this is par for the course when dealing with Halifax either letter bombardment or bugger all.

                      I would recommend regular check of your credit reference files ( Noddle and Clear Score are free online) watch out for any searches made by debt purchase companies or this account being marked as settled which indicates the account has been sold, this keeps you ahead of the game if the debt is sold.

                      This is a favourite time of year for creditor to off load delinquent accounts.

                      nem

                      Comment


                      • #26
                        Re: Halifax personal loan agreement

                        Originally posted by nemesis45 View Post
                        Hi,

                        I'm afraid this is par for the course when dealing with Halifax either letter bombardment or bugger all.

                        I would recommend regular check of your credit reference files ( Noddle and Clear Score are free online) watch out for any searches made by debt purchase companies or this account being marked as settled which indicates the account has been sold, this keeps you ahead of the game if the debt is sold.

                        This is a favourite time of year for creditor to off load delinquent accounts.

                        nem
                        Again, many thanks nem

                        I'm with both Noddle and Clearscore and always check with them if there is anything suspicious.

                        Thanks for the advice.

                        Comment


                        • #27
                          Re: Halifax personal loan agreement

                          Originally posted by Spellkaster View Post
                          Again, many thanks nem

                          I'm with both Noddle and Clearscore and always check with them if there is anything suspicious.

                          Thanks for the advice.
                          Happy Christmas Spellkaster:santawalk: nem

                          Comment


                          • #28
                            Re: Halifax personal loan agreement

                            Originally posted by nemesis45 View Post
                            Happy Christmas Spellkaster:santawalk: nem
                            And you xx

                            Comment


                            • #29
                              Re: Halifax personal loan agreement

                              On your credit card taken out in 2006 you will have ppi on this, so write the bank a letter and get that back. Get an subject access report for £10 and check if you have had late payments etc, contact the financial ombudsman service and get them to look into it. Get all your charges back how much are you in debt by? can you put any paperwork up please.

                              Comment


                              • #30
                                Halifax Personal Loan Agreement

                                I asked Halifax a while ago now for a copy of the personal loan agreement.

                                This was done online in December 2011.

                                I have some concerns with it.

                                1. Incorrect address
                                2. Wrong rate of interest
                                3. No signature box being present

                                Am I right in thinking because of the amount of errors, that this is agreement has been improperly executed?

                                - - - Updated - - -

                                I am asking for some advice because Halifax keep sending the debts out for collection to different DCA's.

                                I've been contact by a 4th collection agency, I've got a debt collector coming out to me on monday.
                                Attached Files

                                Comment

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