Halifax - Unfair relationship!?

[Spellkaster]

Re: Halifax - Unfair relationship!?

Thank You @Kati

One notices first that the agreement should have 8 pages and we have pages 3 and 4 here.
Are there more separate sheets or are the rest of the T's & C's on the reverse of the pages provided.

The bottom of page 3 refers to conditions in para 5 and we don't have that here. Also mentions condition 12.2 again not present.

A tough one in my opinion as to how a judge would decide the signature page is present but a chunk of T's & C's missing on the principal of the balance of probabilities considering the agreement is pre April 07 my opinion ( unless all the other pages have been disclosed) the agreement is not compliant/enforceable.

nem

Thank you for your reply.

This was ALL Halifax provided, nothing else.

I also note on the bottom of page 3 it mentions about condition 8.1 which also remains missing.

There is only my signature on the "agreement". Where it says signed on behalf of Halifax plc, this part remains blank.

Would it be worth my while in writing back to Halifax mentioning the above, and if someone could help me draft a letter to them!?

Thank you.

[nemesis45]

Re: Halifax - Unfair relationship!?

Thank you for your reply.

This was ALL Halifax provided, nothing else.

I also note on the bottom of page 3 it mentions about condition 8.1 which also remains missing.

There is only my signature on the "agreement". Where it says signed on behalf of Halifax plc, this part remains blank.

Would it be worth my while in writing back to Halifax mentioning the above, and if someone could help me draft a letter to them!?

Thank you.

Good morning spellkaster,

I can draft a letter for you later today. please post up anymore details as to why you believe that this is an unfair contract.

nem

[Spellkaster]

Re: Halifax - Unfair relationship!?

I can draft a letter for you later today. please post up anymore details as to why you believe that this is an unfair contract.

Thank you very much.

Right, here we go:-

1. Missing pages
2. No terms and conditions were provided
3. It mentions on page 3 about conditions 5, 8.1 and 12.2 are also missing
4. Where it says on the signature page "Signed on behalf of Halifax plc", this remain blank and has been, I believe, improperly executed

I also believe that as the debt is potentially unenforceable, they need to agree to remove all defaults from the credit reference agencies.

Many thanks.

nem[/QUOTE]

[nemesis45]

Re: Halifax - Unfair relationship!?

I can draft a letter for you later today. please post up anymore details as to why you believe that this is an unfair contract.

Thank you very much.

Right, here we go:-

1. Missing pages
2. No terms and conditions were provided
3. It mentions on page 3 about conditions 5, 8.1 and 12.2 are also missing
4. Where it says on the signature page "Signed on behalf of Halifax plc", this remain blank and has been, I believe, improperly executed

I also believe that as the debt is potentially unenforceable, they need to agree to remove all defaults from the credit reference agencies.

Many thanks.

nem

[/QUOTE]

Good morning Spellkaster.

I am working on a letter offline for you.

nem

[nemesis45]

Re: Halifax - Unfair relationship!?

I can draft a letter for you later today. please post up anymore details as to why you believe that this is an unfair contract.

Thank you very much.

Right, here we go:-

1. Missing pages
2. No terms and conditions were provided
3. It mentions on page 3 about conditions 5, 8.1 and 12.2 are also missing
4. Where it says on the signature page "Signed on behalf of Halifax plc", this remain blank and has been, I believe, improperly executed

I also believe that as the debt is potentially unenforceable, they need to agree to remove all defaults from the credit reference agencies.

Many thanks.

nem

[/QUOTE]

Just to be clear spellkaster, a debt being unenforceable via the court system does not mean the debt does not exist and as such will remain on your credit files for 6 years from the default date when it will be removed paid or not.

Ok.

Private & Confidential
Mr A Hornby
Chief Executive Officer
Halifax.

HO address.

Date:

Ref: use the one on their letters.

Re: Unfair contract/ relationship.

Dear Mr Hornby,

I refer you to over a years correspondence with Halifax in regard to two accounts ( list hear acc number date started). and attach herewith copies of all correspondence relating to my dealings with Halifax.

Having notified Halifax in the past regarding serious health problems that mean I am unable to work and that my only income is state benefit.
I have provided a detailed income and expenditure statement copy attached for clarity as you will see my disposable income is just £13.00 meaning that I will never be in a position to repay the amounts Halifax alleges I owe.

On date I made a formal request under the provisions of section 78 of the Consumer Credit Act 1974 (as amended) for a copy of the agreement relating to the credit card account number.........................., Halifax responded with an incomplete copy of a credit card agreement, (attach copy)

As you will see the page provided is " page 3 of 8" on page 3 conditions 5, 8.1, 12.2, are mentioned but are not included with this document.

Another point is that in my opinion the agreement has not been properly executed as it is not signed by an officer of Halifax (tThey may well respond that the document is an file copy and does not have to be signed)

My belief is that should Halifax decide to issue a County Court Claim regarding this account it would fail as the incomplete agreement is unenforceable.

Mr Hornby given the proven state of my mental health and lack of disposable income and also the problem that the communications with Halifax often go unanswered which has a considerable effect on my mental health I as you to consider writing of the debts as there is no reasonable prospect of my having the ability to make any payment.

I look forward to a positive reply.

Yours sincerely etc.

There is No Guarantee that this will be successful but I think Halifax may make a commercial decision and write off the debt (s).

This draft is for you to amend /edit as you see fit.

If you send it use signed for post.

nem

[Spellkaster]

Re: Halifax - Unfair relationship!?

Just to be clear spellkaster, a debt being unenforceable via the court system does not mean the debt does not exist and as such will remain on your credit files for 6 years from the default date when it will be removed paid or not.

Ok.

Private & Confidential
Mr A Hornby
Chief Executive Officer
Halifax.

HO address.

Date:

Ref: use the one on their letters.

Re: Unfair contract/ relationship.

Dear Mr Hornby,

I refer you to over a years correspondence with Halifax in regard to two accounts ( list hear acc number date started). and attach herewith copies of all correspondence relating to my dealings with Halifax.

Having notified Halifax in the past regarding serious health problems that mean I am unable to work and that my only income is state benefit.
I have provided a detailed income and expenditure statement copy attached for clarity as you will see my disposable income is just £13.00 meaning that I will never be in a position to repay the amounts Halifax alleges I owe.

On date I made a formal request under the provisions of section 78 of the Consumer Credit Act 1974 (as amended) for a copy of the agreement relating to the credit card account number.........................., Halifax responded with an incomplete copy of a credit card agreement, (attach copy)

As you will see the page provided is " page 3 of 8" on page 3 conditions 5, 8.1, 12.2, are mentioned but are not included with this document.

Another point is that in my opinion the agreement has not been properly executed as it is not signed by an officer of Halifax (tThey may well respond that the document is an file copy and does not have to be signed)

My belief is that should Halifax decide to issue a County Court Claim regarding this account it would fail as the incomplete agreement is unenforceable.

Mr Hornby given the proven state of my mental health and lack of disposable income and also the problem that the communications with Halifax often go unanswered which has a considerable effect on my mental health I as you to consider writing of the debts as there is no reasonable prospect of my having the ability to make any payment.

I look forward to a positive reply.

Yours sincerely etc.

There is No Guarantee that this will be successful but I think Halifax may make a commercial decision and write off the debt (s).

This draft is for you to amend /edit as you see fit.

If you send it use signed for post.

nem[/QUOTE]


I very much appreciate you doing the above letter for me and I will send this tomorrow.

I have an address for Harry Singh who is the Director for Collections and Recoveries department as I understand this is where the debts currently are on hold.

I shall send first class recorded delivery.

I will let you know IF I get a response back from him but I suspect it will be a lacky!!

Again, many thanks for this.

[Spellkaster]

Re: Halifax - Unfair relationship!?

I've sent the letter today first class recorded delivery.

I'll let you know IF and when I get a reply back but am not hopeful.

Thank you for your help xx

[nemesis45]

Re: Halifax - Unfair relationship!?

I've sent the letter today first class recorded delivery.

I'll let you know IF and when I get a reply back but am not hopeful.

Thank you for your help xx

Happy to help,Good Luck!!

nem

[Spellkaster]

Re: Halifax - Unfair relationship!?

Happy to help,Good Luck!!

nem

Its been a week now since I sent your letter via recorded delivery which has been signed for.

Don't really know what to do now if they don't respond at all.

[nemesis45]

Re: Halifax - Unfair relationship!?

Hello Spellkaster,

I would wait until the middle of next week to see if anything turns up, then we can consider the next move.

nem

[Spellkaster]

Re: Halifax - Unfair relationship!?

[QUOTE=nemesis45;669097]Hello Spellkaster,

I would wait until the middle of next week to see if anything turns up, then we can consider the next move.

Okies will let you know IF and when I hear from them, but I reckon its highly unlikely.

[Linus]

Re: Halifax - Unfair relationship!?

You said the credit card was taken out online yet the agreement you posted has a signature or have I got mixed up?

[Linus]

Re: Halifax - Unfair relationship!?

I was always under the impression that when a CCA request was incomplete you didn't tell the creditor what was wrong however as it is fairly obvious what is wrong there is probably no harm

The letter doesn't seem to have addressed the incomplete S77 request for the loan either.

I guess that Halifax will probably sell the account on

[Diana M]

Re: Halifax - Unfair relationship!?

You said the credit card was taken out online yet the agreement you posted has a signature or have I got mixed up?

Online applications can be followed up by a printed agreement sent in the post to sign and return.

(I've not read back through this thread so don't know the full history of events).

Di

[nemesis45]

Re: Halifax - Unfair relationship!?

Online applications can be followed up by a printed agreement sent in the post to sign and return.

(I've not read back through this thread so don't know the full history of events).

Di

Quite so most Capone accounts still are via online app with an agreement to follow.

nem

- - - Updated - - -

Online applications can be followed up by a printed agreement sent in the post to sign and return.

(I've not read back through this thread so don't know the full history of events).

Di

Quite so most Capone accounts still are via online app with an agreement to follow.

nem

- - - Updated - - -

I was always under the impression that when a CCA request was incomplete you didn't tell the creditor what was wrong however as it is fairly obvious what is wrong there is probably no harm

The letter doesn't seem to have addressed the incomplete S77 request for the loan either.

I guess that Halifax will probably sell the account on

Perhaps reading the draft letter would help you, the missing pages and the missing T's & C's are clearly mentioned.

nem

- - - Updated - - -

I was always under the impression that when a CCA request was incomplete you didn't tell the creditor what was wrong however as it is fairly obvious what is wrong there is probably no harm

The letter doesn't seem to have addressed the incomplete S77 request for the loan either.

I guess that Halifax will probably sell the account on

Perhaps reading the draft letter would help you, the missing pages and the missing T's & C's are clearly mentioned.

nem