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Hello everyone
I am so happy I found this forum, I am really struggling to navigate through the enforceability of my Halifax cradit card agreement, and am hoping some of you will be able to help me.
The situation is as follows
I have the feeling that the signed document they sent me IS the original credit agreement, and that it is not enforceable since it misses pretty much every critical term and a reference to terms and conditions overleaf or somewhere else
I am worried that if I give this to a company to manage on my behalf, they will not do a good job at following up on these (they seem only interested in the money), but I don't have the skills to pursue this on my own.
I would love to find a good firm that can fight my corner, but I am very skeptical after Kerobo claims did nothing for us on another agreement, and charged us £400.
I spoke to Beneficial Claims, who say they have 100% success with the Halifax, vbut they want £240 upfront and are very nebulous as to how they would keep me up to date... I did not have a good feeling about their reliability.
Does anyone know a good firm that has a strong track record with Halifax credit card agrements?
Alternatively, can someone recommend any other help please?
Thanks for anything you can do, this is doing my head in SOB
Tinsie
I am so happy I found this forum, I am really struggling to navigate through the enforceability of my Halifax cradit card agreement, and am hoping some of you will be able to help me.
The situation is as follows
- I have CCA'd the Halifax under CPR part 31.16, as advised by another forum, asking for a copy of my signed agreement
- The replied to me saying that per section 78 they were sending me a reconstructed agreement, bearing no signature, and claiming they had the right to do so. They refuse (twice now) to acknowledge my request under CPR part 31.16
- They also sent me what they call a signed application form, but this form is actually labeled a "credit agreement"... clearly, since it seems to be missing pretty much everything it would need to be enforceable (their signature, a date!, a reference to terms and conditions overleaf, a credit limit, any of the other terms) they are trying to say that it is only a signed application form and that I should refer to the reconstructed credit agreement instead
- Another reason why I don't believe it is an app form is because it says that my card had been approved (so they should have known the limit by then) and has all the details about me printed and ready for signature. Therefore, this is not the app form, but the credit agreement form, which they refuse to acknowledge as such. Conveniently, they say that this form did not have a credit limit as it was an app form and the limit was not known at the time
- The back of this document has terms and conditions, but I have the feeling it is a photocopy of something else that they have attached to the back of the hotocopy of the form I signed. The reason why I believe this is that my right to cancel on the front says that I should call them for more details, butp the back of the form has more details on my right to cancel. Plus, the front of the form there is no mention to terms and conditions overleaf, so I don't believe the back of the photocopy they sent me is the same as the back of the original form I signed
- They tell me that they have no notice of the account being in dispute (should I send them something??) and that I should keep up my regular payments (I am still making them regularly)
- I have replied with a SAR (but have not sent a check for £10, should I?)
I have the feeling that the signed document they sent me IS the original credit agreement, and that it is not enforceable since it misses pretty much every critical term and a reference to terms and conditions overleaf or somewhere else
I am worried that if I give this to a company to manage on my behalf, they will not do a good job at following up on these (they seem only interested in the money), but I don't have the skills to pursue this on my own.
I would love to find a good firm that can fight my corner, but I am very skeptical after Kerobo claims did nothing for us on another agreement, and charged us £400.
I spoke to Beneficial Claims, who say they have 100% success with the Halifax, vbut they want £240 upfront and are very nebulous as to how they would keep me up to date... I did not have a good feeling about their reliability.
Does anyone know a good firm that has a strong track record with Halifax credit card agrements?
Alternatively, can someone recommend any other help please?
Thanks for anything you can do, this is doing my head in SOB
Tinsie
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