Halifax Say This Is Enforcable! ~ What Do You Think??

[bearclaire]

H There.

I sent Halifax a CCA some time ago and the first reply I got was the usual reconsituted copy returned. I sent them a second letter informing them it was not enforcable and got this reply below.. Does anyone think this is enforcable. The agreement or aplication form, which ever it is, has no signiture on from them or a date?

[Londoneye]

Re: Halifax Say This Is Enforcable! ~ What Do You Think??

Hi bearclaire, the front page of the agreement is unenforceable on its own, there appears to be no reference to t's & c's overleaf so that helps, however, the t's & c's do contain all the prescribed terms and the lender will no doubt claim that the t's & c's were on the back of the agreement. I think that even if they can prove this, there is a case that the prescribed terms are not embodied within the document however it's not a very strong case and a barrister would have serious misgivings about taking it to court. Don't let that put you off though, I would say it's worth a go, especially if you had some way of showing that the terms were seperate.

[tinsie1970]

Re: Halifax Say This Is Enforcable! ~ What Do You Think??

Hi bearclaire,
I have received exactly the same documents from them, except that the page they claim is the back of the agreement is different from the one they sent you.
In mine, the T&Cs are a lot more detailed, and they have a different right to cancel information than the one they have on the front, and no reference to T&Cs overleaf on the signed page

In my case, the Halifax insists that this is not a credit agreement but a copy of the application form, despite the fact that the page clearly says "this is a credit agreement"

Instead, they have sent me some reconstructed T&Cs, which they claim are compliant, although they do not bear my signature.

I have attached the copy of the so called agreement and the alleged back.

Since this thread has gone a bit old, I hope someone reads it now and can help us determine who has the burden of proof that the second page is indeed a copy of the back of the documents we have signed, although the sheer fact that there was no reference to T&Cs overleaf is a clear giveaway in my opinion.

Thanks to anyone who can help!!
Tinsie

[tinsie1970]

Re: Halifax Say This Is Enforcable! ~ What Do You Think??

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[Lord_Alcohol]

Re: Halifax Say This Is Enforcable! ~ What Do You Think??

Hi bearclaire,
I have received exactly the same documents from them, except that the page they claim is the back of the agreement is different from the one they sent you.
In mine, the T&Cs are a lot more detailed, and they have a different right to cancel information than the one they have on the front, and no reference to T&Cs overleaf on the signed page

In my case, the Halifax insists that this is not a credit agreement but a copy of the application form, despite the fact that the page clearly says "this is a credit agreement"

Instead, they have sent me some reconstructed T&Cs, which they claim are compliant, although they do not bear my signature.

I have attached the copy of the so called agreement and the alleged back.

Since this thread has gone a bit old, I hope someone reads it now and can help us determine who has the burden of proof that the second page is indeed a copy of the back of the documents we have signed, although the sheer fact that there was no reference to T&Cs overleaf is a clear giveaway in my opinion.

Thanks to anyone who can help!!
Tinsie

Hi

I know a while ago now, but did you make any progress with this?

I am in exactly the same boat and would appreciate any help.

Thanks
LA