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Posts posted by joemay

  1. Hi Massamum,


    It's been a while since i've been on CAG, and I was so sorry to read this thread, it's sounds like you've had a really hard time and yes these companies are always out to make a fast buck - a very large fast buck!


    Just wanted to say, having to give up your home isn't easy- it's stressful trying to keep it and heartbreaking to hand over to someone else, but believe me life really does get better when all that stress is no longer on your shoulders.


    Enjoy your new home and take care of yourself.


  2. if you have T & C's showing a previous address since before you took the loan out- it would seem to indicate a "reconstruction"- and the fact that they have used data from other parts of their system and got the wrong address will be a fantastic weapon in court for you to show the court than NONE of their reconstructed information can therefore be relied upon


    i would keep that one quiet until you are standing in front of the judge and their brief is waxing lyrical as to how his client is such a major national and respected and efficient bank that it could not possibly re construct a document which could not be anything other than a true copy of what the original agreement would have looked like!! Pity they don't allow camera;s in court!


    It's not a previous address its one we moved into after application date, I suppose it's irrelevant really, what's important is it's the incorrect address - Am I correct in thinking this.

  3. Fabulous, I shall keep it well and truly under my hat;)


    As always DD thanks for looking in and helping with OH situation. So now do we wait for the claim to drop on the door mat? Looks as if Robbers Way are going to start to get heavy with the letters, do we:



    2)ask them to refer back to OC

    3) or something else??


    All comments welcome:D

  4. Sorry forgot to add that the second letter claimed I hadn't been in touch that if I didn't make a payment they would send a "debt recovery agent" (bailiff I suppose?) to call on me to "discuss" the outstanding amount....


    Hi darlo tom,

    Yes Triton are a nasty bunch. Although unbelievable I did manage to speak with a pleasant woman. If you're looking to pay it off, and your Dad can help I suggest you let them know that your father is willing to help you. But he needs time. Get your father to transfer the money from his account, that way there will be a third party involved and a paper trial, it's to ensure that they never come back trying to claim that it's not been paid.

  5. My Halifax thread:




    Today I today received "a formal notice of court action" from Robinson Way Ltd "authorised by HBOS". Unless I pay in full within ten days they "may take action".


    Don' want to hi-jack your thread mikexlr8, so nks22 will post on your thread.

  6. Update,

    Have rec'd a reply from Helifax, they've sent a copy of the Application form and 2 sets of T&C's (reconstituted). Interestingly, the T&C's which I presume are the historic ones have our last address, not the address which is on the application form. Does this help in anyway??


    There is a lot of waffle in the letter but don't feel I need to list these as we've heard it all before, you haven't disputed before, blah, blah... But would appreciate comments/help for the following:


    They state:

    "The prescribed terms are present in all of the versions of the agreement provided to you. Whilst the actual credit limit is not shown as this is not known at the point the customer would have signed the agreement, an explanation of how the credit limit is set is included at paragraph (2.1)"


    This is interesting as the prescribed terms are not on the application form, and as far as hubby can recall he was never given a pack or sent one with the T&C's. In fact his situation is very much like a case which was discontinued BOS vs Mitchell - (I believe I'm quoting the correct one, but if not can someone please correct me). He filled in an application form within a branch, no T&C's were given or sent. OH went to Helifax to apply for a loan but they suggested a CC, application was filled in and card was sent to him. No prescribed terms on application, and no t&c's.


    They continue:

    "With regard to your comments that this request has not been requested under CCA 1974 of DPA 1998 but under Annex A para 1.2(7) of the CPR Pre-Action Protocol, I can confirm that we have never suggested that provisions of an application form complies with the requirements under Section 78. We have complied by providing the recon T&C's which I enclose."

    Am I being dim, but what do they actually mean by this?


    They continue: "May I remind you that failure for your "Client"??(oops they can't even change a standard letter) to make payments under this agreement will result in collection activities and any default may also be reported to CRAs." - Are they suggesting that they will (or will not) take legal action, or just they will continue to pass to our lovely friends the DCA's??


    They conclude: "I am declining your complaint"


    Also OH has been receiving calls from Robbers way. I have told them to stop calling as he can't deal with them over the phone, it has to be done in writing. He has now rec'd a letter saying, contact us to arrange payments. How should he respond.


    Apologies if its all a bit winded, but those of you who are familiar with me know that unfortunately, this is just my way.


    Any advise on the above would be appreciated.




  7. OK Update,


    DD kindly posted a response letter requesting copies of documents (Civil Procedure Rules 1998: Pre-Action Protocols) in response to robbers way letter. Have now received a copy of a credit card application (signed) with no prescribed terms or terms & conditions attached from robbers way with letter "we need to hear from you with your proposal for settlement". No mention of any other documents that they would use as evidence in court.


    To go over again

    1. No CCA

    2. Defective DN not enough time given with DN

    3. Letter confirming account has been terminated (but no termination notice) therefore unlawful rescinded account.


    Now my understanding is that as they haven't given the cca with prescribed terms they can not enforce by law, (they can't take to court), but they can still send the nasty letters am I right?


    Any ideas/suggestions would be appreciated on how to respond to their letter as they haven't actually responded to my requests, regarding pre-action CPR.:)




  8. DiddyDicky -- do BOS or the bank usually respond to these letters?


    I also have a recent letter from the bank from it's complaints dept. explaining why the are chasing the debt claiming that I have failed to respond to numerous Blair, Oliver & Scott letters -- obviously a nonsence as they wouldn't be contacting me in response to a letter from Blair if Blair had not received any letters from me in the first place.



    I've sent the same letter to Robbers way, we've now rec'd a letter from Halifax saying their Customer services are looking into it and will get in touch soon?


    I recommend you send the letter at least if it goes to court you can show that you have acted correctly and they just ignore you;)

  9. Wrote to OC accepting unlawful recission, they wrote back stating they have checked their file and they can't see that it's been done:confused: and would I be kind enough to send them a copy of their letter:mad: (er no - I have much pressing matters to deal with).


    If you are making any payments to the OC/DCA's, you should stop, this will also be confirmation that you have accepted their UR. If they come flying back at you (at a later date) stating that you'd made payments after termination, you just point out that you didn't really understand at the time, but once it was pointed out to you, you acted upon it.


    I don't pretend to understand all of this, but I've had some great advise and no doubt you will too.


    All the best


  10. Elsa,

    Yeah battling on! I'm not bad. How you doing honey, I haven't been around for a while, so haven't had time to catch up on everyone's threads hope all's going well with your battles. Noticed your still wearing the dark specs;)

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