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Can anyone offer any insight into a T&Cs issue?
I have a 1996 Halifax credit card account. When BoS took over the Halifax, they began to vary T&Cs by issuing complete credit card agreements with replacement credit cards. I've kept 3 of these, and all of them are unsigned and, in fact, have no places for signature.
The replacement cards were stuck to the front of each. The adhesive is still visible.
The last such replacement agreement with varied T&Cs was received in 2007. As with the previous two such agreements, it was unsigned. I assumed at the time it was just to provide me with revised T&Cs.
However, when I requested my CCA under s78, the Halifax sent me a copy of this last replacement agreement (of 2007), and have insisted that it is a copy of the executed agreement (ie, it complies with s61(1) and is signed by both parties). I know for a fact that it is not signed and that the original executed agreement is encapsulated in an application form and signed by both parties in 1996.
I have a DN that refers to a clause in this unsigned agreement.
None of the replacement agreements, or the original, are modifying agreements (the word modify appears nowhere).
Is it possible to argue that the 2007 replacement agreement is not executed at all and that the Halifax has misled me by claiming it is the actual executed agreement? If so, is it true that it is an offence under the Consumer Protection from Unfair Trading Regulations?
Can I also use this to help with a defective DN issue, in that the notice refers to a clause in the unexecuted agreement?
TIA
LA
I have a 1996 Halifax credit card account. When BoS took over the Halifax, they began to vary T&Cs by issuing complete credit card agreements with replacement credit cards. I've kept 3 of these, and all of them are unsigned and, in fact, have no places for signature.
The replacement cards were stuck to the front of each. The adhesive is still visible.
The last such replacement agreement with varied T&Cs was received in 2007. As with the previous two such agreements, it was unsigned. I assumed at the time it was just to provide me with revised T&Cs.
However, when I requested my CCA under s78, the Halifax sent me a copy of this last replacement agreement (of 2007), and have insisted that it is a copy of the executed agreement (ie, it complies with s61(1) and is signed by both parties). I know for a fact that it is not signed and that the original executed agreement is encapsulated in an application form and signed by both parties in 1996.
I have a DN that refers to a clause in this unsigned agreement.
None of the replacement agreements, or the original, are modifying agreements (the word modify appears nowhere).
Is it possible to argue that the 2007 replacement agreement is not executed at all and that the Halifax has misled me by claiming it is the actual executed agreement? If so, is it true that it is an offence under the Consumer Protection from Unfair Trading Regulations?
Can I also use this to help with a defective DN issue, in that the notice refers to a clause in the unexecuted agreement?
TIA
LA
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