Halifax personal loan agreement

[warwick65]

Re: Halifax Personal Loan Agreement

My understanding is that to use the improperly executed defence the agreement has to be from pre April 2007 however

Did you send a formal S77 request with the appropriate fee of £1 because if you did then they are in default with that because how could that have been your agreement if the address is wrong

As for the other technicalities , I can't help . Why do you think the APR is wrong?

By the way, was the agreement taken out online because if so an online 'signature' would be ok

[Spellkaster]

Re: Halifax Personal Loan Agreement

I have a letter from the Halifax dated July 2016 stating 0% interest on the opening balance, plus on the credit reference agencies its show no interest as well.

There is NO signature box.

It has NOT been ticked electronically and has not been signed by hand.

The address on the agreement is wrong, it is in relation to a previous address.

The bank knew very well what my new address was because I was getting bank statements at the time.

[charitynjw]

Re: Halifax Personal Loan Agreement

This loan? (from a previous thread)

The personal loan was taken out online in December 2011, The outstanding balance is around £6500.

[Spellkaster]

Re: Halifax Personal Loan Agreement

Yes thats the previous thread. This time around I scanned the loan agreement up for verification.

[charitynjw]

Re: Halifax Personal Loan Agreement

It's getting a bit disjointed.
The previous thread
http://legalbeagles.info/forums/show...loan-agreement
refers to yet more threads on the same subject.

Did you apply for the loan online?

Edit

This was done online in December 2011.

[charitynjw]

Re: Halifax Personal Loan Agreement

All online applications that I have seen require a 'tick-box' acceptance, & they also need similar confirmation of acceptance of T&Cs.

[Spellkaster]

Re: Halifax Personal Loan Agreement

All online applications that I have seen require a 'tick-box' acceptance, & they also need similar confirmation of acceptance of T&Cs.

There is no separate terms and conditions being provided.

There is nothing on the agreement to say its has been ticked, no acceptance box.

[charitynjw]

Re: Halifax Personal Loan Agreement

Via [MENTION=98117]warwick65[/MENTION] post #2

Did you send a formal S77 request with the appropriate fee of £1

[Spellkaster]

Re: Halifax Personal Loan Agreement

No I just asked for verification of the debt and that was all they provided.

[charitynjw]

Re: Halifax Personal Loan Agreement

Does Halifax still own this, or has it been assigned (sold) to a Debt Purchaser?

I've got a debt collector coming out to me on monday.

Are you ok with this?

[Spellkaster]

Re: Halifax Personal Loan Agreement

Halifax still own the debt.

I got a letter on monday from a debt collection agency its been passed to them for collection and a debt collector will attend my address next week.

I've tried to contact the debt collector via email but they haven't replied to me.

I'm upset as I'm registered disabled and classed as vulnerable household.

The bank is aware of this and that I can't pay.

The bank has ignored my income and expenditure sheet I sent to them twice last year.

Its the 4th debt collector its been passed onto for collection.

[charitynjw]

Re: Halifax Personal Loan Agreement

If it were me I'd write to the DCA stating that I do not agree to a doorstep visit, & any further communication is to be in writing only.
If you do so, get proof of postage......'SignedFor' if possible.

[warwick65]

Re: Halifax Personal Loan Agreement

Ok
So without going into details of your disability
Generally , if they come out at all they are easily sent away again and have no powers to even enter your house

If I were you I would do the following
1) I would send a letter saying that you will only communicate in writing and will not accept callers at your door , somewhere there are letters to send about this, I am looking through my records but can't find one at the moment
2) Conside a S77 request, there is some debate about this and maybe this should wait until halifax sell the debt on

With regard to your claim to be a vulnerable person because you are registered disabled , this is a general fallacy. It is not automatic that a disabled person is vulnerable , some people with sever disabilities are more than capable of dealing with everyday affairs. I am not suggesting this is your case but just be aware that claiming and being treated as vulnerable may be different things

- - - Updated - - -

Sorry@charitynjw
You type faster than me

[warwick65]

Re: Halifax Personal Loan Agreement

Please be advised that I will only communicate with you in writing.

Should it be your intention to arrange a doorstep visit, please be advised that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours.
There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).
Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully,

A template . not everyone agrees with using it but it has worked for me on all occasions bar 1 and then RW went away when I asked

[nemesis45]

Re: Halifax Personal Loan Agreement

Halifax still own the debt.

I got a letter on monday from a debt collection agency its been passed to them for collection and a debt collector will attend my address next week.

I've tried to contact the debt collector via email but they haven't replied to me.

I'm upset as I'm registered disabled and classed as vulnerable household.

The bank is aware of this and that I can't pay.

The bank has ignored my income and expenditure sheet I sent to them twice last year.

Its the 4th debt collector its been passed onto for collection.

Which company is " going to attend"?

I either e-mail and or post the following to them.

Their Ref:
Re: Alleged Debt:
Re: Home Visit

Sir/ Madam

I refer to your letter dates xx. xx. xx and the threat of one of your operatives attending my address next week.

Please take note I Will Not enter into any dialogue with any stranger visiting my home.

I have no desire to make any appointments with any representative of your company or your clients at any time.

Any visit once you have received this communication will be treated as harassment and suitable action will be taken immediately.

You are not obliged in any way to discuss any thing with any reps/agents of the company. Robinson Way and Moorcroft used to send out letters like this and Moorcroft had letters signed by their " Doorstop Collections Manager" just clown with absolutely no authority.

nem