halifax credit card SAR request

[nay68]

recived a copy of my application what i signed in 2002! all my personal details on it and my signature, i took it out over the phone and this was the agreement i signed,but theres no detail of clauses etc
advice please

[WendyB]

Re: halifax credit card SAR request

For what purpose did you ask for the CCA?

[nay68]

Re: halifax credit card SAR request

to check if its unenforceable, all theve sent is copy of statements and a4 copy of what i signed in 2002, i think i need the agreement with term and conditions etc?

[WendyB]

Re: halifax credit card SAR request

why do you want to know if it's enforceable or not? Are you in arrears? are they or a DCA chasing you for payment?

[nay68]

Re: halifax credit card SAR request

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Thread Tools Search this Thread Rate Thread Display Modes [Forum Home] . [Top] #1
5th January 2010, 17:17:PM
nay68
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Cento Client Review phone call
i recived a phone call of Cento Client Review they said they can get me money back of my credit cards,not have to pay oustanding balance, stop intrest ect mis sold agreements,unforceable s77,if i taken credit cards out between 1990-2007, ive got them with mbna barclays egg mint,
they want a £299 upfront fee and 30% of what they recover!!

when i asked advice on here, i was told i could do it my self

[TUTTSI]

Re: halifax credit card SAR request

Nay, can you please post up what you have received by way of agreement and one of the site members/team will take a look at it for you to see if it is unenforceable.

Please omit any personal details.

Thanks
Tuttsi

recived a copy of my application what i signed in 2002! all my personal details on it and my signature, i took it out over the phone and this was the agreement i signed,but theres no detail of clauses etc
advice please

[WendyB]

Re: halifax credit card SAR request

Yes, it is better to do it yourself than pay a fee to a claims management company. There are different issues, firstly you have the charges (late payment etc0 which may have been put on your accounts by the credit card companies. These are usually fairly straightforward to claim back, depending on which Credit card company it is.

Secondly, there is the enforceablity side of things, which is not exactly as straightforward but can be done, although not as easy as it previously was and you would probably have to be prepared to actually go to court and argue your case. Even if an agreement was declared unenforceable, it does not usually mean the debt is written off, just that you can't be chased for it.

Might be as well if you posted up a bit more info about your situation, i.e how much you owe to each company, if you are in arrears, are any DCAs chasing/hassling you etc.
Tehn we'd have more of an idea of how best to advise.

[nay68]

Re: halifax credit card SAR request

copy of the letter recived

[nay68]

Re: halifax credit card SAR request

this was stapled to it

[maruvian]

Re: halifax credit card SAR request

I can't see anything to link the second sheet to the first, and i also can't see anything regarding dates for repayment. I would wait for other opinions though.

[Amethyst]

Re: halifax credit card SAR request

Looks a bit random and completely invented IMO. What happened to 1,2,3,4,5 of the terms ? Theres nothing on the first page to say Terms are attached at all and the first page seems to have been meant as a standalone, fold lick and post thing which wouldnt have had any terms on the reverse as that would have had posting address and prepay postage thing etc on . As a mock up its rubbish, but after Carey v HSBC I have no idea if they can get away with this kind of rubbish now !

[nay68]

Re: halifax credit card SAR request

advice on next step

[enaid]

Re: halifax credit card SAR request

It really depends on what you are hoping to achieve are you going to reclaim charges off this account?

[nay68]

Re: halifax credit card SAR request

to check if its unenforceable, all theve sent is copy of statements and a4 copy of what i signed in 2002, i think i need the agreement with term and conditions etc?

ive find some old statements out from feb 2001 ,think i took it out in 1999 so im puzzled that i signed agreement in march 2002 and all the paper work (sar) they sent me relates from dec o2-09

[WendyB]

Re: halifax credit card SAR request

to check if its unenforceable, all theve sent is copy of statements and a4 copy of what i signed in 2002, i think i need the agreement with term and conditions etc?

see below

why do you want to know if it's enforceable or not? Are you in arrears? are they or a DCA chasing you for payment?

you haven't answered this , sorry if you have and I've missed it.

It really depends on what you are hoping to achieve are you going to reclaim charges off this account?

Are there any charges on the account that you can reclaim and reduce your balance?

The agreement looks like crap, but as I have said on your other thread you can't just get an an agreement declared unenforceable easily, and you certainly shouldn't if it's just because you don't want to pay any more. Unenforceability is only a defence, not an attack and could only really be used once you are in default and your creditor starts playing hard ball and takes you to Court. even then, following the Carey judgement, it might not work as a defence.


If your aim is simply to avoid your debts or get them written off completely by using unenforceability then I feel that a) it's doomed to fail and b) you shouldn't be doing it anyway.