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**CASE DISMISSED** HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD
Hi everyone, I'm hoping you can help me with guidance on a credit card default and the enforceability of the agreement (as well as where I may stand with a potential PPI claim).
Here is some basic information -
Some background info -
It's been quite some time now, so I can't exactly remember all the facts. I think I received a letter from Halifax at the time of default saying that they had passed the account on to a debt collection agency. The first agency I remember tried for quite some time to chase the matter up (I can't remember if it was 1st Credit at the outset). I remember I had a conversation with some debt collection agency and asked them to provide proof of the account in writing. When the person on the phone realised I wasn't going to communicate any further until they had sent me paperwork to backup their claim. They passed the matter (back or onwards) to another agency. That was a long time ago.I never heard from them again. I have changed address more than once since 2006. I usually treat collection agency letters as spam.
Recent developments -
However, at the end of November I got a letter from Judge & Priestley solicitors, saying that they are acting for 1st Credit (Finance) Ltd and that the creditor assignment the agreement to 1st credit and that by writing I was informed by notice in writing. The letter ended with "should our client not receive full payment within 16 days the client may issue court proceedings."
I then found a CCA template and after customising it with my particulars, I sent it by email to both Judge & Priestley. The CCA request clearly stated that they have 12 days to provide me with the original agreement and all the transaction details for the account. I didn't think that the email would be acknowledged. No letters were sent to me after that. I did not send them a recorded delivery CCA request by royal mail with the 2 £1 postal orders.
A couple of days ago I received a pretty thick set of papers from the 1st Credit legal department by regular second class royal mail delivery (around 70 days / 10 weeks after the email I sent). The cover letter states that they are writing in response to my email on Nov 30th and that the contents of my correspondence have been noted. It then goes on to say; " Please find enclosed: 1) A copy of your original credit agreement and a true copy of your credit agreement at the time the account was opened and at the point of default. 2) Statements from Dec 2006 to July 2011 to show how the arrears have accrued." "This fulfils our obligation under section 78 of the consumer credit act 1974. We would request for you to contact us within 30 days to arrange payment of your outstanding account."
The copy of the original credit card agreement is for the most part illegible. It's a pretty bad photocopy on one side of A4. From what I can make out it has 4 main clauses (each with sub clauses). I can't see anywhere a clear mention of the credit limit. From what I can barely make out clause 2 does say "We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change." I can't clearly make out the APR rate either, On the reverse of the same A4 paper is another photocopy of "Credit card application - Your application details". This shows my old address. It's a computer print out. Some of the information, such as employer details and Income have been crossed out and modified with a pen. The revised details are not signed or show my initials. For example the occupation states "domestic cleaner"(?!), which has been crossed out and next to it by pen it says "marketing manager". The income bit said 27.5k and has been crossed out and says 32.5k. There is no mention of credit limit here. There is no mention of the APR rate and neither is there any signature.
The next document in the file I assume is the "true copy of the credit agreement at the time the account was opened and at the point of default." This has 23 clauses and covers 13 sides of paper. In clause 2.3 it states a (variable) APR rate of 15.9%. In clause 3.2 It says "our interest rates are as follows", then in a table below it says the standard APR rate is 15.94 %. There is no signature on this document.
All the other sheets of paper are monthly statements (with no Halifax logo, etc). From what I've been sent the first mention of the actual credit limit is on the first statement.
From the above info my query is three-fold -
A) Is the agreement enforceable to recover the amount ?
B) Where do I stand with the PPI ("Credit card repayment cover") payments made totalling around £750 ?
C) What should be my course of action with this ?
Your input on the matter would be of immense value to me. I look forward to hearing your feedback soon. If you have any questions please do ask away. Thank you !
Here is some basic information -
- Halifax credit card with a limit of just under £4k
- Taken out in the middle of Dec 2006
- "Credit card repayment cover" payments total around £750 made up to the middle of Dec 2008 (Initially, I couldn't recall opting in to the cover when applying for the card. I cancelled when I came to understand that they would not protect me in the case of me not being able to make payments if unemployed).
- Last payment made on the account was in early Feb 2011
- The account shows up as defaulted on my credit file. The date is at the end of Jul 2011. No mention of Halifax, it says; "Credit Card from 1st Credit (Finance) Limited (I)"
Some background info -
It's been quite some time now, so I can't exactly remember all the facts. I think I received a letter from Halifax at the time of default saying that they had passed the account on to a debt collection agency. The first agency I remember tried for quite some time to chase the matter up (I can't remember if it was 1st Credit at the outset). I remember I had a conversation with some debt collection agency and asked them to provide proof of the account in writing. When the person on the phone realised I wasn't going to communicate any further until they had sent me paperwork to backup their claim. They passed the matter (back or onwards) to another agency. That was a long time ago.I never heard from them again. I have changed address more than once since 2006. I usually treat collection agency letters as spam.
Recent developments -
However, at the end of November I got a letter from Judge & Priestley solicitors, saying that they are acting for 1st Credit (Finance) Ltd and that the creditor assignment the agreement to 1st credit and that by writing I was informed by notice in writing. The letter ended with "should our client not receive full payment within 16 days the client may issue court proceedings."
I then found a CCA template and after customising it with my particulars, I sent it by email to both Judge & Priestley. The CCA request clearly stated that they have 12 days to provide me with the original agreement and all the transaction details for the account. I didn't think that the email would be acknowledged. No letters were sent to me after that. I did not send them a recorded delivery CCA request by royal mail with the 2 £1 postal orders.
A couple of days ago I received a pretty thick set of papers from the 1st Credit legal department by regular second class royal mail delivery (around 70 days / 10 weeks after the email I sent). The cover letter states that they are writing in response to my email on Nov 30th and that the contents of my correspondence have been noted. It then goes on to say; " Please find enclosed: 1) A copy of your original credit agreement and a true copy of your credit agreement at the time the account was opened and at the point of default. 2) Statements from Dec 2006 to July 2011 to show how the arrears have accrued." "This fulfils our obligation under section 78 of the consumer credit act 1974. We would request for you to contact us within 30 days to arrange payment of your outstanding account."
The copy of the original credit card agreement is for the most part illegible. It's a pretty bad photocopy on one side of A4. From what I can make out it has 4 main clauses (each with sub clauses). I can't see anywhere a clear mention of the credit limit. From what I can barely make out clause 2 does say "We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change." I can't clearly make out the APR rate either, On the reverse of the same A4 paper is another photocopy of "Credit card application - Your application details". This shows my old address. It's a computer print out. Some of the information, such as employer details and Income have been crossed out and modified with a pen. The revised details are not signed or show my initials. For example the occupation states "domestic cleaner"(?!), which has been crossed out and next to it by pen it says "marketing manager". The income bit said 27.5k and has been crossed out and says 32.5k. There is no mention of credit limit here. There is no mention of the APR rate and neither is there any signature.
The next document in the file I assume is the "true copy of the credit agreement at the time the account was opened and at the point of default." This has 23 clauses and covers 13 sides of paper. In clause 2.3 it states a (variable) APR rate of 15.9%. In clause 3.2 It says "our interest rates are as follows", then in a table below it says the standard APR rate is 15.94 %. There is no signature on this document.
All the other sheets of paper are monthly statements (with no Halifax logo, etc). From what I've been sent the first mention of the actual credit limit is on the first statement.
From the above info my query is three-fold -
A) Is the agreement enforceable to recover the amount ?
B) Where do I stand with the PPI ("Credit card repayment cover") payments made totalling around £750 ?
C) What should be my course of action with this ?
Your input on the matter would be of immense value to me. I look forward to hearing your feedback soon. If you have any questions please do ask away. Thank you !
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