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Is this credit card agreement enforceable!?

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  • Is this credit card agreement enforceable!?

    I asked Halifax for a copy of my credit card agreement which was taken out online in September 2006.

    The attached is all that they have sent in response.

    Is this enforceable!? The reason I ask is that they were passing it around to various DCA's and now they are claiming to want to sell the debt on.
    Attached Files
    Tags: None

  • #2
    Re: Is this credit card agreement enforceable!?

    Originally posted by Spellkaster View Post
    I asked Halifax for a copy of my credit card agreement which was taken out online in September 2006.

    The attached is all that they have sent in response.

    Is this enforceable!? The reason I ask is that they were passing it around to various DCA's and now they are claiming to want to sell the debt on.
    How do you know they are claiming to assign the debt?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Is this credit card agreement enforceable!?

      They told me recently in writing.

      They are aware I can't pay as I have virtually no income.

      Comment


      • #4
        Re: Is this credit card agreement enforceable!?

        Originally posted by Spellkaster View Post
        They told me recently in writing.
        That they intend selling?
        Or that they have sold?
        If so, to whom?


        They are aware I can't pay as I have virtually no income.
        ####
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Is this credit card agreement enforceable!?

          Is this agreement enforceable or not can someone please respond!?

          Comment


          • #6
            Re: Is this credit card agreement enforceable!?

            Originally posted by Spellkaster View Post
            Is this agreement enforceable or not can someone please respond!?
            Wow, Spellcaster, cool your horses!

            The questions asked are pertinent to your request.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Is this credit card agreement enforceable!?

              I received a letter recently to say that they are considering selling the debt on, but as of yet its still with the Halifax.

              They are also aware I do not have the income to pay the debt off.

              Comment


              • #8
                Re: Is this credit card agreement enforceable!?

                When did you last pay into the account, or personally acknowledge the debt in writing?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Is this credit card agreement enforceable!?

                  I think the last payment made was sometime last year, as it was under an IVA which has since failed. I acknowledged the debt in writing back in February, but Halifax did not reply to the letter I sent.

                  Comment


                  • #10
                    Re: Is this credit card agreement enforceable!?

                    So not statute barred, then.

                    You appear to be raising 2 issues.

                    1) Is the agreement enforceable?

                    2) The position regarding your financial situation & your difficulty in paying.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Is this credit card agreement enforceable!?

                      Mostly is the agreement enforceable no it states on the front that its an "application form"

                      Comment


                      • #12
                        Re: Is this credit card agreement enforceable!?

                        Originally posted by Spellkaster View Post
                        Mostly is the agreement enforceable no it states on the front that its an "application form"
                        Application form and credit agreement.
                        Or am I missing something?
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Is this credit card agreement enforceable!?

                          Originally posted by charitynjw View Post
                          Application form and credit agreement.
                          Or am I missing something?
                          That's what I noticed agreement form!?

                          I don't reckon its enforceable TBH its no a proper credit agreement is it!?

                          Comment


                          • #14
                            Re: Is this credit card agreement enforceable!?

                            The document signed on 19/09/06 is, in my honest opinion, an agreement signed under the Consumer Credit Act 1974.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: Is this credit card agreement enforceable!?

                              Originally posted by charitynjw View Post
                              The document signed on 19/09/06 is, in my honest opinion, an agreement signed under the Consumer Credit Act 1974.
                              They did not provide the T & C's.

                              Plus, the document has not been signed or executed properly by Halifax.

                              It says "agreement form", so that to me says its not a valid agreement surely!?

                              Comment

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