cca request

[weakmoments]

HI Ive received the Credit card agreement from I requeted from the Halifax and they have said its enforceable is there anyway I can check this TIA x

[warwick65]

Re: cca request

Of course they have said its enforceable- they always do

When was the account opened? This is important because post 2007 almost any old crap will suffice with regard to the agreement but it takes more than a compliant agreement to win in court

maybe a few details would help
When was it taken out
has the account been defaulted - if so when
Who is collecting the account if it has been defaulted
Has the account been sold to a debt purchaser

[weakmoments]

Re: cca request

Hi thanks for the reply
It was a credit card with Halifax
taken out 13/10/10/2005
Defaulted 17/01/14
Moorcroft is collecting on their behald

[weakmoments]

Re: cca request

In their letter they have said
By providing you with the documents attatched to this letter we have satisfied our obligationto provide a copy of the executed agreement under section78. As such the agreement with us is fully enforceable and we shall continue to treat it as shuch. We will not be entering into any further correspondence with you regarding the rquirements rlationto the provision of the copy agreement.

The agreement is a reconstructed one has no date on or any credit limit it states we will decide your credit limit and tell you what it is. Also the statement of account shows
1 the balance of the account is xxxx
2 the arrears on th account are xxxx
the amount currently payable by you to reach us by 11/05/17 is xxxx being the full amount outstanding as the agreement has been terminated and the full balance is now payable.
This is £1000.00 more than I actually owe ????

thanks

[charitynjw]

Re: cca request

Collecting on behalf of whom?

How much (approx) is the alleged debt?

It is a 2005 agreement.
They may have a few more hoops to jump through yet!

[weakmoments]

Re: cca request

Moorcroft are collecting on behalf of Halifax. My current statement from Moorcroft is £10581.26 but the cca request has £11657.24.??

[charitynjw]

Re: cca request

The first point I'd make is that this may well be out of Small Claims Track territory, possibly landing in Fast Track.
If so there may be significant costs consequences.
It would be remiss of me if I didn't suggest that you seek professional legal guidance, perhaps even representation if necessary.

That said, you should familiarise yourself with CCA s78 in conjunction with s127.3 of the Act (as originally enacted)
Carey v HSBC (2009) will also give you some insight.
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] for further opinion?

[warwick65]

Re: cca request

Hi
Have you actually had a claim issued? Hopefully not but as Charitynjw said, if you have this will likely not be a small claim

I have also had letters in the past that give different balances

What they should have sent you for the CCA request was
A copy or reconstituted copy of the agreement along with any terms and conditions at that time
A set of terms and conditions in place when the account was defaulted
A statement of account

They have sent the statement of account although if this is not the actual balance , some judges may agree they have not complied with the statement of account but would possibly give them time to rectify it.

Can you remember how you you signed the agreement, was it online or did you actually sign something?

Are you still paying or have you stopped?

[weakmoments]

Re: cca request

Thanks for that way above my pay grade though lol

- - - Updated - - -

I cant rmember how I took it out Im sure I did a balance transfer though and had PPI (already claimed this). Yes I am still making payments Im in a self manage DMP with them. I was just hoping if it was unenforceable it could give me some scope to negotiate a full and final settlement later down the line.

[warwick65]

Re: cca request

Thanks for that way above my pay grade though lol

I know it sounds complicated but really isn't that difficult when you have seen a few and boy have I seen a few (about 20 of my own gulp)

Does what they sent you have your signature on it or do they say that it was an online application

[warwick65]

Re: cca request

If and it really is up to you, you want to post up what was sent, someone- not necessarily me, may be able to point out if anything is wrong. If you do post up, blank out any names addresses bar codes etc so you can not be identified

The agreement is only one step they need in making an agreement enforceable. Do you have any other documents such as the Default notice, notice of termination or anything.

Your best hope is that at some point they sell it on to a third party.

Who is dealing with your DMP? It may be that they are not passing your payments on straight away to Moorcrap or HBOS. I think some still only pay a percentage with the hope of building up a war chest to make a full and final settlement

[weakmoments]

Re: cca request

oooh you must be an expert.
Its a reconstructed copy and does not have a signiture or a tick in the box.

[weakmoments]

Re: cca request

I will try and put it on may take a while as Im technically challenged. Im mangaging my DMP myself and the balance they have put on the cca request seems to be when they transferred the debt to Moorcroft in 2014.

[weakmoments]

Re: cca request

I have looked through my paperwork and I have a default notice from Halifax 16/01/14.

[warwick65]

Re: cca request

That's useful to know, keep it safe