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  1. My wife has recently received a claim form from Restons on behalf of Cabot for an old HBOS credit card debt. We will be defending the claim because we're pretty certain that they're not going to be able to get a signed agreement with the acct number on it. I've sent an Acknowledgement of Service, and have filled out the questionaire below. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 05 June 2017 What is the claim for – The Claimant Claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about MMM DD 2005 and assigned to the Claimant on June 24 2016. What is the value of the claim? 6773.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Cabot Financial Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so Why did you cease payments? We got into financial difficulties. What was the date of your last payment? I believe my wife was making payments through Stepchange until late 2015/early 2016. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did through stepchange but it came to an end.
  2. Name of the Claimant ? Arrow global Guernsey Ltd Date of issue – 24/10/16 Date to submit defence = 4pm 25/11/16 What is the claim for – 1.The claimant claims the payment of the overdue balance due from the defendant under a contract between the defendents and hbos dated on or around Jan 17 2002 and assigned to the claimant on Oct 11 2006 Particulars a/c no - XXXX Date Item Value 11/12/2015 default balance 2000 Post Refri Cr NIL TOTAL 2000 What is the value of the claim?2000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?credit card I think When did you enter into the original agreement before or after 2007? before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? don't know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? on debt management plan but stopped payments because most of the debts had been sold on and the dcas had not responded to my cca requests What was the date of your last payment? Oct 2013 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes What you need to do now. Answer the questions above If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement - done (except for Overdraft/ Mobile/Telephone accounts) Send a CPR31.14 request to the solicitor named on the claim formicon for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards - done I have acknowledged and said I intend to defend all the claim.
  3. Dear Everyone, I am going to submit a PPI claim for a Ford car loan I got from a ford dealer in 2007. The ford sales man said the PPI was compulsory to get the loan. It was my first car loan. I have a print out of all the payments made, and the final balance being cleared which HBOS provided me. However, the monthly payments are the aggregate of the loan repayment + the PPI. I don't know how much the PPI component was and don't have the original documentation or loan agreement, but have proof of the loan and it being paid back. My question is: Do I need to know the exact PPI number? Or, can I submit the letter stating that the loan had PPI included in the payment and I wish to reclaim the PPI component plus interest? Note, I have a letter from HBOS saying they have no record of the loan. But then I got another department at HBOS to forward me the full payment schedule of the loan and the date the final balance was cleared. As the loan was taken out in 2007, and I don't have an agreement, can anyone advise if I have a chance on this and if the printout that HBOS sent me (after HBOS PPI desk said they had no data on the loan) would be adequate proof and if HBOS will then calculate the appropriate PPI figure from the loan? Any advise would be grand, and if anyone took out ford Finance around 2007, please could you let me know what the PPI amount was per month? Thanks M
  4. Hi, Had a letter today from DLC regarding an outstanding CCJ, in that letter they are stating that it is currently being enforced by way of a charging order. Now I've done a bit of research and it appears that they are stating they have a charging order against my property. The thing is I live in rented accomodation and havent had a mortgaged property of any sort since 2009, this is now owned by the local council who bought it following repossesion. My question is, are DLC being fraudulent by claiming a charging order exists or does one still exist at my old property. For reference the property was repossessed in 2009 the CCJ was September 2010 although I only became aware of the CCJ recently following a check of my credit file and have had no paperwork regarding it to date until this letter. They clearly have my current address as the letter was sent directly there and not forwarded, I have lived at two other addresses since 2009! So they are tracking my current details. The letter goes on to state they are putting the matter in the hands of Cabot financial and that their solicitors will be in contact with me regarding further enforcement. Question is 1) Do they have a charging order? 2) How can they enforce one if they do as I do not own any property. and 3) Do I do something about the issues if they are being dishonest? The CCJ will be off the records in September and although not statute barred I believe it is much more difficult to follow up/enforce once that date passes. Please correct me if i'm wrong. Any help would be greatly appreciated. Thanks
  5. Hi, I am really stressed. I have received claim forms for the County Court for a HBOS debt being claimed by Lowell/Bryan Carter. The claim is for £740. I did have a Halifax account a few years ago and it went into arrears for around £150. Is there anyway I can ask the court for them to make Bryan Carter provide full information for the amount claimed as I am not certain it is this debt and can't work out how it has gotten to so much? TIA
  6. HI Wonder if anyone can help been served a stat demand through door today ,when not it is this legal. Also asked my neighbour if I lived here! Now its 14 days to demand an old CC I had not sure if its stat barred Can anyone give me advice on what I need to do please, thank you in advance
  7. Morning All . Have started looking into the packaged account /fee paying account i had a few years ago . It was from Bank of Scotland . Looking through the info pack they sent to me i see that part of the monthly fee was for Card protection insurance .there are a few other insurances such as basic travel ,emergency home repair etc ,rac / aa road side assist . my question is as it was a single fee for a number of different products and one of these bundled products have being ruled to be fraudulent (card protection ) would that be sufficient grounds to reclaim the premiums paid as ultimately one of the insurances (never used any of them) was miss-sold so would mean they all are miss sold . any and all opinions appreciated regards
  8. Hi all Been very quiet on here for quite a while, due to no DCA's trying to contact me about the usual. Today however, I have received a letter from a company called Drydens Fairfax. There is perhaps one debt I have that COULD still be enforceable - mortgage shortfall, sadly! All the others to the best of my knowledge, Statute barred. Any idea who the clients of this outfit could be?? The letter is the DCA's usual, "Are you XXX? Do you know where XXX is?? If you are not XXX, please accept our apologies........." and so on and so forth. Obviously I have no intention of contacting them unless they come up with something a little more convincing. Worrying thing is, the wife has one as well, which means if there is a debt, it's a joint one, and there's only two of I know of that could be - one being the shortfall, another being Wel**** Finance. It's a company based up north, which makes me think it may be from Cattles Group/Welcome finance, which is definitely SB. Any words of wisdom, folks?? Thanks.
  9. Hello, Any advice and help on how to deal with this would be greatly appreciated. I received the attached county court claim today at an address i have not lived at for a number of years. It is for an old debt with HBOS. I'm not sure how old the debt is and i'm not quite sure how i can find out. I have not had any contact with HBOS for a number of years or with Lowell at all. I am assuming Lowell has bought the debt from HBOS and is now chasing me for it. I never entered into a contract with Lowell nor have I ever had contact with them so do I have to pay them? The other embarressing factor is that i was sent to Prison in Nov 2011 and was "inside" the date they mention on the claim 15/08/2012. I am technically still serving my sentence which will not end until mid 2015. I am not sure how to deal with this and am worried that i may get a CCJ against my name which will further affect my partner whom i wish to marry next year. I really don't want her credit score to be affected too. Many thanks in advance for any help and advice.
  10. I have a joint Halifax account with my ex which is still open but not used. I have highlighted £100's of charges in my statements (mostly missed DDs), going back to 2006. Can I reclaim these without his consent? If awarded a claim I would lodge the cheque in this account. Also, we separated 2 years ago, have 4 kids , and £1,000s in debt in credit cards (paying an agreed £50 per month) , and unsecured loans (which are in my name). He contributes nothing to the upbringing of his kids, and I am left to pay the mortgage and insurance etc. do I state these reasons of "Financial hardship"on my claim letter, or just claim that I believe these charges were "disproportionate"? any advice welcome.
  11. Hi Everyone, I 'am looking for some advice if anyone can help i have been in mortgage arrears for a considerable time and on a number of occasions which have resulted in HBOS seeking possession through the courts. In the latest court case the HALIFAX were successful in gaining an eviction. However with the Bailiffs arriving in the house my sister paid a substantial payment in agreement with the HALIFAX to avoid an eviction. I have recently received a letter from the Halifax stating that the solicitors Charges will be £2340.00 which has been debited to my mortgage account already( no breakdown at all) I Feel this is an excessive fee for a 10 minute court hearing and associated administrative paperwork. It cost me £40.00 to request a hearing so the fee of £2340.00 in solicitors charges seems excessive . Has any one else had experience of solicitors charges? and any advice on how to find out what other charges Halifax have made on my account as i do not have any statements from the last few years. Now far back can i request information on charges the Halifax have made on my mortgage account. thanks
  12. Just on the news, Paul Lewis from BBC Moneybox says that HBOS have been referred by the Northern Ireland Attorney General to the Police, for possible fraud. This relates to double accounting on mortgage arrears, which the Attorney General believes it is possible that a fraudulent act has taken place. Because this relates to an ongoing Police enquiry, people should be careful what they say when replying to this thread. We would not wish to prejudice any potential prosecution. But it is interesting, because if HBOS are proved to have mortgage accounting processess which are not legal, then relevant people at HBOS could be prosecuted. Also it will open up the floodgates for people affected to makes claims against HBOS for any losses they have suffered.
  13. In June 2002 I applied for and duly received a marbles c/c, then issued by HFC Bank Limited. Attached is a redacted copy of the agreement which I received following an SAR to HBOS, the now owners of marbles. As far as I'm aware the agreement was a single sheet, as here, although it's possible there might have been a separately enclosed sheet or there might have been some information on the reverse of this sheet. However, I'm pretty certain that I signed only on the face, in the box just above the HFC rep's signature, bottom right, and neither initialed nor signed anything on the reverse, nor appear to have been asked to do so anyway. I do know that at some later point in response to a CCA to BoS I received another copy of this together with a typed note of initial credit limit and interest rate each of which was actually wrong anyway. I don't owe marbles anything so I'm not looking to avoid any debt but I am taking issue with HFC about something they've done - or rather not done - and I wonder if I'm right in thinking that this 'agreement' fails the relevant parts of the CCA and so makes any contract dependent on it unenforceable. TIA for any advice, V
  14. Hi My PPI claim for a Halifax credit card has now been with the ombudsman for FOUR years and counting, seemingly without an end in sight. Only 11 months of that was spent waiting for my case to reach the front of the FOS queue to be assessed. The remaining 3+ years has been purely down to delaying tactics, stonewalling, and worse by the bank. I apologise for the long post, but to provide some detail: In March 2010 HBOS agreed, in writing, that I was due a refund & that this should be calculated according to the FOS guidelines, as this was "the only fair and reasonable way of addressing my complaint." HBOS then proceeded to make an offer that in no way followed the FOS guidelines and refused to explain its calculation (which is/was also a requirement of the FOS). After several months of stonewalling I took my complaint to the FOS. Both parties have agreed from the outset on the total amount of premiums due to be refunded. Both myself & the bank have every single statement for the account (physical first-hand documents), meaning all the necessary information to make a fair calculation is readily available. HBOS falsely claimed the account was closed sometime in 2010, despite ALL documented evidence emphatically proving otherwise. The account remains open and has NEVER been closed, nor the balance cleared. As mentioned, HBOS has stated it has all the statements for the account & is basing its calculations on said statements (ie no periods of estimation) so it is inconceivable that this could be a genuine oversight. And yet the bank remains unwilling to explain how & why it wrongfully claimed the account was closed. This claim would have effectively wiped off several years of (27.95%) interest due on the refund, amounting to thousands of pounds - this is according to their own calculator/formula sent with their last offer/breakdown sent in January 2014 - which still claimed the account was closed. The account still has a substantial balance and has never been lower than the total number of premiums added at any given point. 100% of the account balance is due to PPI and has been for years - there have been no new transactions on the account since 2007. Again, this is all evident in HBOS' own breakdown sent in January. As a result, I have continued to make monthly payments to the same bank that actually owes me thousands of pounds, solely towards a balance that would not even exist at this point if it were not for the premiums wrongfully added to the account by the bank! Despite all this, HBOS seemingly refuses to even respond to the ombudsman's requests for either a recalculation or even clarification on its formula and its claim the account was closed. Month after month I get an update saying they are still waiting to hear anything back. I am in total limbo and have no idea what to do now. My case should be a relatively straight-forward one & I don't think it would be possible for me to have more substantial & conclusive evidence to back up my claim, yet HBOS seems to act with total impunity. Any advice whatsoever would be greatly appreciated. I feel I have nowhere left to turn. Thanks
  15. Dear Members, Decided to check my credit report today and found that on May 1st this year a CCJ for just under £10k was registered against me, details given are for an old address of mine. My intention is to contest this, apologies but the details are patchy as the matter relates to a very old account. Judgement 02 May 2013 Northampton CCBC Default recorded Dec 2008 (HBOS Credit Card) just under £7k - so they are claiming £3k of interest/costs No notice of assignment received from IND No paperwork received in relation to the CCJ as I do not live at the address on the claim anymore I had back in 2010 requested HBOS to provide copies of the credit agreements, had an acknowledgement and several "we're still looking" letters but no reply. Business was very bad at that time and I had to stop paying - and was frankly hoping that they'd be unable to find the agreement and it would have to be written off. Unfortunately I have (long story) no access to the correspondance that I had with HBOS back then Fast forward back to this morning and after speaking to Northampton CCBC they advise that it is being transferred to my local court, possibly for some kind of enforcement, they have advised that I applied for it to be set aside ASAP. It's amazing how much stress this instantly creates. Any and all help gratefully appreciated. I cannot afford to pay this off at all, and having the CCJ is a major blow having tried to rebuild my credit file over the past few years. Clipper80
  16. Hi all. Lowells have purchased a debt from HBOS, which I am presuming is an old unsecured loan, which had around £500? or so left to pay from a £10k loan. Due to personal stuff going on (don't we all have it) the debt was not cleared. Lowell's solicitors BW Legal have issued a claim for an amount that does not make any sense to me. The 'amount claimed' section states they are claiming £9xx. then court fee/solicitors fees are added. However, in the particulars of the claim, the amount they state I owe is £12xx 'being monies due from the defendant to the claimant under a Unsecured Loan agreement...' but, that amount they state is the total amount including fees, not the amount they state I owe on the loan, which they say is £9xx (and is wrong anyway) and the additional amount requested are fees/costs. Does this mean it's not requesting the correct monies? Does that even make sense? I expect the £995 is made up of charges. However, before I look at settling, I want to get the information that demonstrates I owe this debt. And then, I will consider settling as I would quite happily get my debts gone for good. I have some questions I would like some help with please. 1. I don't have a credit agreement for this loan. It was taken out some 10 years ago now, and I 'defaulted' toward end of 2009. I have no account statements for this loan. I don't recall ever getting a default notice, but that doesn't mean I didn't, I just don't have it and can't recall getting one. The particulars of the claim state I received a default, and my credit file suggests that I did! - should I request this information using a CCA request, a SAR, or as the claim has now been made, should I go down the CPR route of requesting information CPR 31.14/15? giving them 7 days and then if they don't respond request that disclosure order (is that what is done? I had a read of the CPR guidance, but got lost!). 2. I know I owe them some money, but am unclear on the amount, it's around £500. I will pay them what I owe to clear it, although I don't like the fact that they bought it for pennies, that's by the by, it's my debt, and had I the money before it was sold, I would have paid the debt to HBOS themselves. So, what is the likelihood of getting Lowels/their solicitors to agree to a settlement, and how do i go about offering one, once I have the information I need to know what I owe. Or should I just sent a settlement offer for an amount I am prepared to pay regardless of the info they give me? Will they think, if I offer £x, that means I am admitting liability and therefore just pursue the full amount claimed, which I will of course dispute. Should I try to settle myself, or should I use the mediation facility if offered? Or is there another route via the court that I could/should take? 3. I am aware that bank charges on bank accounts were deemed lawful, but that credit cards were not included in that decision and therefore it is possible to claim back disproportionate charges such as late payment fees etc. Does this extent to loans, ie can I claim charges back (if the figure they give includes a ton of charges) or does a loan fall in the same group as bank accounts? Thanks for my longwinded post. I am not good at short and sweet, sorry.
  17. Hello, In 2008, HBOS repossessed a house. This happened because: 1. HBOS did not follow my instructions to make direct debit adjustments to my personal bank account and neither did they update my address (to a property not mortgaged by themselves). 2. Mortgage monthly payments were not made in respect of two houses. 3. Because of the failing in #1 above, I did not receive any communication that there was a problem. I only found out about the problem after a tenant called me saying that she had received a 'Notice of Eviction' from the court. I contacted the bank by way of letter complaining that due to their inability to make changes to the bank account which I requested in #1 above, I now had mortgage arrears. The banks response to my letter was to immediately close down my personal account without giving me any notice as to their intentions. This left me without a personal bank account. Their other response to my complaint relating to the causation of the mortgage arrears was to totally ignore my complaint and not provide me with any answers. As soon as I discovered from the tenant that she had a Notice Of Eviction, I phoned HBOS to ascertain why this had happened. As soon as I understood that HBOS had failed to act upon my instructions for my bank account (direct debits, update address), I then asked HBOS whether the eviction and repossession would be stopped if i cleared the arrears. HBOS reply to this was YES. I also asked whether I could simply make one lump payment to HBOS and they would split it between the both account. HBOS reply to this was YES. The total amount of arrears between the 2 houses amounted to approx £4,000.00 I paid £5,000.00 in order to clear the arrears and: a) Pay off extra capital on the loans, or alternatively: b) To make an overpayment just incase my direct debit for the following month was not actioned within time. Essentially, between the 2 HBOS mortgage accounts, whilst there had been arrears (through no fault of my own) I had cleared the arrears and put the account into credit. After paying this amount to HBOS and upon checking everything was in order, I was informed that HBOS could not split the payment = contrary to what I was told by HBOS earlier. HBOS told me that unless I was in a position to clear the total arrears on the second property that repossession would go ahead. I again explained to HBOS the fact that I had an arrangement with them and that I was told the payment would be split to which HBOS replied that it is impossible to split payments and that repossession would go ahead unless I was in a position to clear the total arrears before said repossession date. Having already paid out £5,000.00, I was not in a financial position to immediately find the £2,000.00 they were demanding from me, as they were in my opinion refusing to budge or help me in any way (to adhere to the information I was first told that payments would be split) then I decided to go to court and let a Judge decide. AT COURT: I arrive early with my paperwork in order. My paperwork included much of what I described as above as a letter to the Judge and the banks solicitor. In addition to what I described as above, my paperwork included a receipt for the £5,000.00 payment in addition to mortgage statements which clearly showed that between the 2 mortgage accounts I was now essentially in credit - therefore, no arrears. Unfortunately, the banks solicitor was over 2 hours late. Because the solicitor was 2 hours late I had to return to my car to buy another parking ticket. Unfortunately, because I was highly stressed in the fact that a tenant could lose their home through no fault of their own, I left my paperwork / proof in the car!!! Upon returning to Court, I was told that the Judge was waiting for me!!!!! Waiting for me for a full 5 minutes, whilst waiting for the banks solicitor for 2 hours... Within court, the Judge ruled that the repossession and eviction go ahead (that day) because there was no proof of what the bank had said and also no proof that I had paid £5,000.00 I asked whether I could be allowed 5 minutes in order for me to get my paperwork and was told this would not be allowed. Incidentally, the banks solicitor spoke with me for about 2 minutes before court and within court proceeded to say a lot of things that were completely untrue, - for example, I was experiencing struggle in payments (this could have been easily disproved with my paperwork as I was not struggling at all). Complaint to bank resulted in me being ignored. I then had a meeting with a bank manager and she was surprised that my account had been closed down - she could not tell me who or why it had been closed down but she did recognise my serious complaint. She said that she would have one of her colleagues deal with this. Needless to say I was ignored after this. Further letters of complaint were ignored. Approx 3 years ago, as the bank had failed in their duty to provide me with a subject access request as well as failing to answer my complaints, I managed to obtain an appointment with a new bank manager. I showed the new bank manager copies of my correspondence and also said that this matter had been going on long enough. I explained to the bank manager that unless he was willing to deal with my complaint within a reasonable amount of time (i gave 2 weeks), then I would be standing outside his bank with leaflets giving the leaflets out to customers and public highlighting the fact that the bank has made a serious error and is refusing to deal with my complaint accordingly. I also mentioned the fact that I had checked with the local police who provided me with advice concerning the legality of my proposed actions. The bank manager said that he would deal with my complaint... To cut a long story short regarding that complaint, - the bank manager faxed my letter of complaint to another manager who would deal with me. I was then informed by said manager after 8 weeks that they could not read my complaint as the ink was smudged. The bank did give me my subject access request, though incomplete and it was missing important information. The house that was repossessed cost me: £16,000.00 as a deposit for the mortgage £15,000.00 in repairs on the property - it was still undergoing repairs on the repossession day. Numerous other expenses totalling approx £5,000.00 The bank has ignored me continually and was told by FSA??? (cant remember) that due to the length of time, they are unable to investigate. I explained to them that I considered this to be unfair as the bank ignored my complaints continuously, however that did not have an effect on the fact that they said they could not investigate. My other losses are inability to obtain mortgages at a more favourable rate since the repossession has had an effect on my credit record. Other information: The purchase price of the house was £80,000.00, my mortgage was for £64,000.00 and the house was sold for around £59,000.00 causing me to have a debt of £5,000.00 which was then transferred onto the other property. Sorry for a long post, hope it makes sense... Thanks in advance for any help with this!
  18. t is ridiculous the amount of power Banks and Credit Agencies have over our lives. We have a joint account with Halifax and not used since 2010. I wrote a cheque that took me £4.71 over. I could not find my HSBC chequebook at the time. Now applying for mortgage I am shocked that for £4.71 reported by the Halifax as unpaid is stopping me getting anywhere near a mortgage application. Since it is a joint account it is the same for my wife. It has taken me a week to get documents together so that my account can be updated at the HSBC to prove I have cleared the £4.71. So as yet the HSBC underwriters will not move until my local branch updates the fact I have paid off the Halifax. Now before all you smug people out there who have OCD in sorting out every penny in their accounts and pockets advise me that I deserve my predicament for £4.71 in debt...get a F***** Life !!! I say the banks especially the ones where us tax payers had to write off £billions ( Halifax HBOS ) just get real and stop reporting such small sums that ruin our chances of getting a mortgage. There should be a minimum total amount that should be reported to these credit scoring agencies. also big banks like HSBC should have the information that they can see how small the debt is and stop acting like the bitch out of Little Britain who says 2 computer says No ". I mean where is the risk where someone has forgotten about an old account with £4.71 in debt!!! Stop then acting like Shylock and Scrooge. Where do we get the chance to report the old accounts our Granny opened for us in 1960 which lies somewhere with money still in it....It makes me want to start a riot !!!
  19. Hi Guys, I am in a similar position with Lowells again (Another thread on the go where Bryan Carter has already taken me to court). I need to know whether to wait and defend the impending claim form, or possibly a Stat Demand, or to do as one of the stickie advises - Contact Lowell immediately and request all relevant paperwork. I am sure this HBOS debt relates to a credit card, last used 07 I think. (The card expired 07). The latest letter from them confirms I am a homeowner and it states that there are more options available to them to recover the debt. Either by obtaining a CCJ and then applying for enforcement against my home home or alternatively applying for my bankruptcy. Appreciate your advice. Thanks.
  20. Hi I have a debt dating back quite some time now for HBOS WHICH HAS BEEN PASSED TO LOWELL 03/09/2008 (Account opened date, according to Noddle Credit). It was a premium halifax account with only a £100 Interest FREE OVERDRAFT ON IT. I asked for a extension before i went away on holidays, they REPLIED FIRMLY NO. I had a good time on hols but spent a bit to much ££££ and when i got back i desperately needed some petrol to put in the car to get us back home! I Had only £10 Cash left on me so i thought i would try my Halifax card Just incase they might honor it as i was at asda and i have heard about some banks having agreements with larger shops that they will honour it if its a small transaction. RESULT! THEY HONOURED IT i purchased about £20s worth of fuel! Obviously a few days later i got a letter saying about the transaction and that it was outside my arranged overdraft and now unarranged as such and applied some fees (which back in 2008 was about £25 if u failed a payment, i know now the banks have changed there policies, i'm now with barclays and they charge £6 i think if a payment bounces, which is much more reasonable than £25!!! I hadnt heard anything about this debt for years, at the time i was living with my grandad and he has since passed away and i moved out obv, so maybe some delays in finding new address? but all these years, its abit long isnt it? lowell called me first about it around a year and a half ago, i said i was aware of my old account with halifax and that i owed £100 interest free overdraft and a little bit more for a transaction for £20 outside the overdraft and a reasonable amount of interest/charges. They then replied stating i owed £795!!!!!! i had to call them the other day to help a relative and it took them 55mins to answer the phone!!?? How they even exist as a modern day bank is beyond me!!!! SO THEY WANT £795!!! Ive done some googling and found that i can state to them i want to see proof of the debt, which i have done, infact ive done it 3-4 times over the last year and a half (they seem to cal every 6 months to chase it up!! In the case of this, its a current account, so we settled on account statements, which they said would take some to arrive from hbos! (over a year and a half ago) Although every few months they call me to ask whats happening and i have to tel them don't call me, call hbos, because i want to know whats happening too! So now ive filled you in and had a lil rant, the problem i need solving i suppose is this.... WHAT CAN I DO???!!? I'VE ASKED FOR PROOF OF DEBT, THEY REPLY STATING THEY ARE WAITING TO HEAR FROM HBOS! EVERY MONTH They mark my credit report with a default! IT JUST DRAGS ON! I want to resolve my poor credit history as quickly as possible and don't see why this shadow should be looming over me when i have even offered to pay them around about £180-200 for the £120 i borrowed!!! ALL HELP AND ADVICE IS GREATLY APPRECIATED!!!! THANK YOU!!!!
  21. Need help and advice please. Rec'd letter dated 06Frb14 - Bryan Carter claiming issued litigation proceedings with breakdown. Issue Dtae of Claim form 07 Feb 2014 - Overall figures match but breakdown of costs different eg court fee etc Tues 18th Feb - sent email (all attached) asking for credit agreement. Could you help me pleaseeeeee
  22. Hi All, Received my first response to my CCA request from HBOS card services. The card was taken out in July 1999 and was defaulted in 04/2009. I guess this will be removed from my cra file on 14/04/2015...fingers x. Paying them through Blair Oliver & Scott at £60 per month I have received a reconstituted copy of the t+c, apr etc for the card above. The copy simply states my new name and address and the current terms. Apparently this conforms to s78 of the CCA 1974 so as far as they are concerned this is enforceable so this is the end of the story! I was at a different address when taking out the card so surely this isn't a true copy of the original, recon or not?? They did go on to say that they were looking for the signed agreement under s60/61 but apparently this isn't required by law. DJ
  23. Hi All Been on these forums for years, now need advice please. I had a halifax credit card I defaulted on in Sept 2005 for £3500 (although I as far as I can remember I never saw a default notice issued), this was handed over to BOS, with whom I agreed tp pay £10 a month. I kept this up right up to Dec 2012. I missed a few payments and called up BOS, who said they would need to review the case and would get back to me. Around sept I started getting calls/txts from Capquest which I never picked up or responded. They had sent letters to an old address from which I had moved over 2 years ago. I recently, by accident got hold of these letters. They are as follows: First one dated Sept 2013: From Capquest stating I owe £2770 and to pay up immediately Second dated 8th Oct From HL Legal stating if I do not pay by 22nd OCT then Court Proceeding may be issued Third dated 23rd Oct From Capquest, stating that Scotcall Limted, doorstep recovery agents will visit you Like I said I have moved from the corresponding address over 2 years ago. Another DCA did send letters to another old address I lived at 5 years ago, but current occupiers sent them back to sender. I dont know how to go about this, because they dont have my current address and obviously I dont want to give it to them. Any help would be helpful.
  24. Greetings all. I had a Halifax account which had an overdraft facility of £1,000. I decided that after they were not considering my circumstances very fairly, that I would force them to accept a repayment arrangement and close the account. I stopped paying all money into and out of the account and made preparations to send in a SAR Request. As I believe they have levied some unenforceable charges on my account over the years. There are also occasions where they have caused me considerable inconvenience and charged me on about 4 occasions for Unauthorized Overdraft Fees when it was their own charges that put the account into such a state in the first place. I feel that is particularly vindictive. time pasted and I got sidelined by other things and my ongoing health conditions took up considerably more of my time. Until yesterday when a letter from [email protected] fell on the door. It was one of those phishing letters where they are trying to trace the debtor in question. Interestingly the letter made reference to "The above listed account has an outstanding balance" Yet all it says is "Halifax" I phoned them up purely just to have a slight laugh at their expense. Before you jump on me about phoning a DCA I recorded the call. Interesting admissions were made which were: Breached Data Protection - They requested my postcode and I gave them an incorrect one; they proceeded with the call. Requested my phone number and email address - I refused to give them When I refused email and phone details I was told it was for my benefit for data protection! (BLATANT LIE as he proceeded with the call) They told me that Halifax would not deal with me directly anymore When mentioning the Office of Fair Trading I was told Halifax would not deal with me and that everything was above board The agent gave me the full Sort Code and Account Number despite me suggesting I might not be involved in the matter obviously I think I need to make a complaint about Moorcroft on a few of those points. If I send the SAR to Halifax, can I as usual ignore the Moorcroft children and wait for toys to be thrown out of prams? now is time to take the bull and horns method. Advice please caggers?! I plan to put a few more threads up over the next few days on other subjects and will be making a donation once things are all squared away. This forum has taught me so much and I feel it's only right to put something back into the kitty!
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