Halifax Credit Agreement

[Lynnyloo]

Hi,

Wonder if someone would mind casting their more knowledgable eye over my Halifax credit card agreement, and give me their view on enforceability?

Not the best copy had to use phone as scanner is fooked.

Many Thanks

[Celestine]

Re: Halifax Credit Agreement

We'd be happy to take a look.
Please make a good quality scan of the agreement. Remove/obscure your personal details carefully.
Then using the 'Go Advanced' post reply, upload a the copy using the paperclip symbol.

[Lynnyloo]

Re: Halifax Credit Agreement

It's actually really bad upload! Will try get to a scanner 2mo!

[Celestine]

Re: Halifax Credit Agreement

Yup very difficult to tell. What year did you open the account? What do you actually remember about opening the card.
That is a pre populated form, so it was sent to you as some sort of 'offer'. What else was sent in response to the s78 request?

[Lynnyloo]

Re: Halifax Credit Agreement

I actually got this as part of a SAR from HBOS a while ago, although I have also formally sent s78 to Lowell but not received anything yet.

It was opened September 2005 over the phone I think, it's due to be barred in 2014. HBOS sold to Lowell's this year and as they own this and also my O/D debt I think they will start coming down heavy soon.

[Celestine]

Re: Halifax Credit Agreement

Do you own a property? That fact alone dictates whether this will become a statutory demand?

[Lynnyloo]

Re: Halifax Credit Agreement

I do yeah, but it is in quite a bit of negative equity. I don't have any other assets and cannot afford to repay it either, but I certainly don't want them getting a decree against me. I'd rather pay back HSBOS than give a penny to Lowell's!

[PlanB]

Re: Halifax Credit Agreement

Do you own a property? That fact alone dictates whether this will become a statutory demand?

Lynnyloo is in Scotland where the debt must be £3,000 or over for BR (sequestration). I'm not sure how this effects the statutory demand set-aside process:

http://www.aib.gov.uk/Services/Legis...orsapplication

[PlanB]

Re: Halifax Credit Agreement

It was opened September 2005 over the phone I think, it's due to be barred in 2014. HBOS sold to Lowell's this year and as they own this and also my O/D debt I think they will start coming down heavy soon.

Remind us how much this debt it for. If possible add a link to your other threads. I know I've posted on some of them

[Lynnyloo]

Re: Halifax Credit Agreement

It's for £3500 so above the £3000, and the fact my O/D is just less than £3000, I get the impression from Lowells that they are relying on enforcing the credit card debt to add the O/D to that. Not that they've said anything and maybe it's just me being paranoid, but they are just more forth coming with the credit card, and have ignored my letter about the overdraft.


http://www.legalbeagles.info/forums/...dvice-on-deali

Not sure if I have added link correctly.

[FlamingParrot]

Re: Halifax Credit Agreement

It's for £3500 so above the £3000, and the fact my O/D is just less than £3000, I get the impression from Lowells that they are relying on enforcing the credit card debt to add the O/D to that. Not that they've said anything and maybe it's just me being paranoid, but they are just more forth coming with the credit card, and have ignored my letter about the overdraft..

So how much is the O/D and how much the credit card? O/Ds are treated differently, in that they are attached to a current account and there would have been no credit agreement as such, so you cannot argue unenforceability due to lack of a properly executed agreement. However, there are some regulations governing O/Ds. You may want to look at this thread: http://www.legalbeagles.info/forums/...144#post312144

http://www.legalbeagles.info/forums/...dvice-on-deali

Not sure if I have added link correctly.

You have, and I've posted on that thread. :thumb:

[FlamingParrot]

Re: Halifax Credit Agreement

It's actually really bad upload! Will try get to a scanner 2mo!

Although still work in progress, this may help: http://www.legalbeagles.info/forums/...076#post387076 :nerd:

[Lynnyloo]

Re: Halifax Credit Agreement

The credit card is £3500, the overdraft £2600.

I have sent sent off the overdraft cca letter, but would they regulations apply to my overdraft? As it was opened in 2001 went into unauthorised overdraft in 2009 and defaulted in 2010 when they EU regulations came into play.

[PlanB]

Re: Halifax Credit Agreement

The credit card is £3500, the overdraft £2600.

I have sent sent off the overdraft cca letter, but would they regulations apply to my overdraft? As it was opened in 2001 went into unauthorised overdraft in 2009 .

Isn't this you called Loopyloo on another website where I have posted on your debt thread? The details are a perfect match. On that site it refers to a previous failed PPI claim on the credit card but I can't see any reference to PPI on the application form that you've posted on here which could make the creditor in breach of section 18 of the CCA 1974. If you're not the same person check whether you may also have had PPI?

[Lynnyloo]

Re: Halifax Credit Agreement

Yeah that's me! I did do a a ppi claim back in 2009, but can't remember what account on most likely on the loan but possibly on card (I was a bit of a mess back then) I was only reminded of that it because there is a letter in the SAR that was sent a year after the claim was declined inviting me to take part in a review of their disability claims. It doesn't mention which account I claimed against though (I've had ppi on every loan I had with them) and I probably just ignored the letter. I also don't have my claim form in the sar to refer to. In fact there is loads missing from the sar, no letters that would have been sent to me, no default notices or warnings of default.

I signed the box on the credit card agreement for card cover, which is payment protection for the credit card I think?