could someone please look over this agreement for me and if it's enforceable or not.

just to update this thread, i have registered a complaint about the HBOS actions on the account tp the FOS so as that is in progress i won't be issuing court action til that is finished. I've recieved nothing back from the HBOS and they closed the account. Once that is done i will need help to draft up a suitable POC challenging the HBOS terms and conditions which are unfair. This is what the OFT seem to be doing in the High court as well.

i wonder if anyone could have a look over this default notice i've typed up. i'm planning on serving up to HBOS over my agreement.

DEFAULT NOTICE.doc

thanks for the help, nice to know where one stands and how to take control of things again. i'll do my best to get them to confirm if the PPI was mandatory for me to take ou the loan but i doubt that they will just roll over and confirm it, would be like shooting themselves in the foot lol.

clause 6 of the terms and conditions state PPI this clause applies only if an amount has been entered in the second schedule in respect of the cash price of the payment protection plan.

6.1 we will account to the insurers for the cost of the payment protection plan shown in the second schedule.

6.2 You must ensure that you recieve the details and limitations of each type of payment protection plan specified overleaf under the heading PAYMENT PROTECTION PLAN before signing this agreement.

6.3 If any monies become payable by the insurers such monies shall be payable by the insurers to us and shall be applied by us in reduction of the balance outstanding on the account.

Now i never recieved any details of the insurance plan from them at all, not even when i CCA requested them for the agreement did they send any details of the insurance.

There is no cancellation rights and it's not even mentioned in the T&C's about my right to cancel the agreement, the only rights it mentions under the CCA 1974 is my right to settle early and my right to sue if i recieve unsatisfactory good etc.

what do u think of that???

i never knew anything about the ppi until i CCA requested the agreement from them so my understand of it is it's a part of the loan agreement which i didn't agree to and was mis sold. i was guilty of not reading over the agreement when i took out the loan but i'm certainly much wiser now, the PPI was part of the loan so if i didn't want it, i probably wouldn't have got the loan in the first place. hindsight is a wonderful thing lol.

i never chose the ppi either

i never signed in the loan agreement in their office so there should have been cancellation rights, shouldn't there been?

can you have a look over this agreement for me please, i'm not sure if it's unenforceable or improperly executed. what would i do if it's improperly executed? etc etc etc.

Comments and advice most welcome

black horse agreement.doc

still not heard anything from HBOS about my loan agreement, their Tame DCA blair oliver and scott are still chasing, although when i did speak to them they said they would be able to get me a copy of the agreement.

But still waiting and not going to hold my breath on it. times up as far as i'm concerned, maybe it's time for another letter to them.

i've just had a wee look at the OFT's report on what agreements must contain and details of Default charges is a prescribed term. If any agreement doesn't have all the prescribed terms isn't it just as unenforceable under section 127(3)????

sorry i've not really been active on here for abit, been busy fighting my own war with HBOS, how's things going on with your friends battle???

lol for a bank, anything is not only possible but frighteningly real. or is it me being too cynical???

i noticed, just after i had wrote it mate lol.

point taken, but if they do that then it would be much easier and sensible for the banks to save time and costs(all those 2p's must add up) just to send the true signed copy in the first place. at the end of it all they are only delaying the eventual consequences of it being challenged.

before you do anything like that, file for non compliance with your SAR request, the court will rule in your favour and then you get the documentation to procede with your charges case. that's the way i'd do it, plus you would be entitled to compensation for their failure to comply in time.

just abit more work for you to do but would be better than making an estimate of the charges.

common sense lol, who would credit banks with that??? at the moment they are rocking and swaying from legal challenges and consumer backlashes. they made this pickle, about time they swallowed their own bitter pill.

one could argue though that if they send out a copy of the agreement without your signature on it then it's not been properly executed, that's my understanding of it, which leads to the arguement with the banks that if they can't send out a signed copy then no such agreement exsists. just my Humble opinion.

just finished reading this, wow, can't wait for the outcome, nail-biting suspence lol. subscribed.

thanks for the advice, will post more once things get more complicated and get to court.

today i've done the bank calc schedule of charges and written a letter to them on behalf of my mother. considering what i've read about Lloyds and their recent win, i would like to have all bases covered and if this goes to court that the bank has no chance of winning. some advice would be welcome.

i feel for you in this case, why on earth the judge made this decision in the face of such a catalogue of previous court cases that have been no show's is a total lack of justice. you have my £10 and full support.

seems to me they are due for a taking down a peg or 2, not to worry, the people here will help as always.

it is my opinion that any of the banks T&C's won't stand up in court and any unfair terms that are int hem have to be found unfair by a judge. this will be a long battle i'm sure as it's only just begining and in the small claims court a judgement there isn't going to change how the banks operate. but i hope it will let others do the same.

the more the merrier. i'll have a go on my day off on thursday with a POC so some can have a look at it.