Halifax Unenforceable Agreements and not replying to correspondence

[Spellkaster]

I took out a Halifax credit card, done online in September 2006.

I have about £3K outstanding.

At the time of being accepted for the credit card, Halifax did not ask me for proof of income.

Halifax then accepted me for a personal loan, again done online, in December 2011.

Again, they did not ask me for proof of income.

The loan is outstanding by around £6,400ish.

At the time both credits were given to me I was on sickness benefits.

I went into an IVA in June 2012, through a company which I learnt had later fiddle my overall level of debt, and paid themselves first before paying debts.

To cut a long story short, I did the 3 letters back in 2015, after I cancelled the IVA, and I have some concerns with what the bank provided me with.

The credit card agreement is incomplete.

It mentions conditions 5, 8.1 and 12.2 but these were never provided.

They also did not provide the terms and conditions.

The personal loan agreement also has issues.

There is an incorrect address, wrong rate of interest, and mostly importantly, the signature box is missing ie it has not been ticked electronically or signed by hand.

Its also not a recon as it says "BANK COPY".

I wrote to my bank last year explaining that the debts are unenforceable.

I also sent them a detailed income and expenditure sheet, showing I am unable to make payments, and asking to write the debts off.

To date, the bank has ignored my letter.

[Captain Haddock]

Re: Halifax Unenforceable Agreements and not replying to correspondence

I don't think a signature was required for on-line applications. The fact that they were completed and an account was set up is deemed more than enough.

That said, I'm out of touch with all that, these days. Hopefully someone else with a bit more knowledge will come along and assist.

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You might want to open this up in the Banks or Credit Card section of this forum; it might attract more interest there.

[charitynjw]

Re: Halifax Unenforceable Agreements and not replying to correspondence

Electronic 'tick-box' type signatures have been an acceptable method of signing consumer credit agreements since, I believe, late 2004.

If you have sent CCA requests c/w £1 fees for both the credit card & the loan, & the documents provided are not compliant with your requests (per ss77 & 78 CCA), the sanction is that the agreement cannot be enforced until they do comply.
It is therefore obvious that you ought not point out exactly where they may be deficient, as you might be shooting yourself in the foot.

If it were me, I think I would leave sleeping dogs lie.