HBOS and OH's card debt

[Guest]

isn't it already down the court route ie they have issued a claim?

from what you say, it seems then they are unwilling to withdraw voluntarily following the continuation of payments?

civil procedure rule 14.9 outlines the procedure re request for time to pay.

some time order info http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders afaik, TO's can apply to all cca regulated matters.

Edited February 15, 2013 by Ford

[lexis200]

Hi

 

Yes it is however I'm not at all convinced they're actually aware that the payments have been restarted. My fault completely for not writing to them and just getting OH to set it up (seriously, the one time I let replying slide this happens!), but knowing how banks generally don't know their a**e from their elbow, it wouldn't surprise me in the slightest if the debt dept hasn't communicated with the legal dept (or similar). This is why I'm still thinking about whether it can be avoided by clarifying OH's willingness to pay as per one of the options on the claim form.

 

Just as an aside, I don't suppose you (or anyone else for that matter) knows if it's possible to get a genuine copy of a default notice? I honestly thought I'd seen one relating to this account, but I can't find it, and looking at dates I'd lay odds on it being issued when OH wasn't keeping paperwork. Of course there's nothing in the SAR, but also no notes of it either. What I did find was a default from another BOS account which was so wrong it's ridiculous (dated 16th, delivered 20th, remedy by 17th - all dated same month!). My thought is if BOS were chucking out this sort of toot, it's likely this one is also wrong. Only trouble is I have no way of checking without sight of an actual copy.

 

Thanks very much for the link etc, I'll do some reading tonight - last night was a bust as I didn't get back till late.

[Guest]

re dn - unlikely, as all they would prob have is a note on their systems showing that one was issued and therefore sent. unless you could show anything to the contrary, they would prob come up with a generic template in court saying one was issued and this is what would've been sent.

remember that a Tomlin/Consent Order usually involves that if the subsequent agreed payment subject to is not adhered to then judgment will be applied for.

Edited February 16, 2013 by Ford

[lexis200]

Hmm, thought so. They may have a problem showing one was sent though unless they've held something back from the SAR, as I couldn't find reference to it in the mountain of stuff they sent me.

 

With regards payments, there is no problem keeping up. It was genuinely an error (on our part) as OH was unaware there was an end date to the SO he'd set up. Circumstances meant he didn't chase it quickly, but the SO is back in place and he's ensured there is no cancellation/end date, so there is no reason that payments would be missed again. There was no attempt to not pay (I know you're not suggesting that, but I feel I should clarify!), it's just unfortunate timing that things went awry with the bank at the same time as things started getting problematic personally, which meant this got stuffed in a drawer rather than dealt with.

[Guest]

does then their system comms log not show that a dn was issued?

 

as you say, wasn't suggesting non payment. was just pointing out what a consent/tom order would usually involve.

Edited February 16, 2013 by Ford

[lexis200]

Hi again

 

Sorry for delay in replying, OH's grandmother was rushed into hosp on Friday - this has not been a good couple of weeks!

 

As far as I can see, none of the 3 BOS/HBOS accounts show a DN being issued in the logs I've received. There's one that could possibly refer to it on one of the other BOS accounts, but it's something like 4 years before a default was actually issued, and it seems to just say Def req (or similar), so your guess is as good as mine.

 

I just can't find anything in this particular account's logs though that even hints at a default letter.

 

About to call the sols to see what's what. I'll update when I know more.

[Guest]

hi

no worries, hope all is ok?

 

if no dn issued, and was applicable, then maybe a ground for defending? they would have to show that one was issued.

have you previously done a cca request on this? remember court deadlines.

is a time order no good? any other options?

Edited February 18, 2013 by Ford

[lexis200]

Hi Ford

 

Hopefully she's on the mend - she's 96 and has been taken by ambulance to the hospital twice in the last fortnight, but appears to have the constitution of a cyborg and keeps coming back from the brink! It's just very worrying for all of us!

 

I'm feeling much better about this. I've spoken to the solicitors and they've said due to the PPI, which appears to have been mis-sold, and a couple of other bits and pieces which look iffy, that we should be defending and disputing the claim in full. It helps that we can show apart from these blips in payments, OH has been paying for the last 4 years. The balance has gone down from around 9k to around 6, so he can show he's not been trying to avoid etc.

 

I've filed the acknowledgement just now (big sigh of relief there, my stress levels have been through the roof trying to work out what to do before the deadline of tomorrow), so we have another couple of weeks to sort things out further.

 

I will keep updating as and when I have new info.

 

Lexis

[Guest]

hi

96!!

ok, you are with sols. keep us informed.

[lexis200]

Hi again

 

I just thought I'd update a bit on this...

 

It seems there may be a couple of fairly substantial issues with the paperwork Halifax have sent (in our favour), so the sols have asked for more time and are requesting docs from the bank. I'm not sure how much it's ok to explain, so I'll just leave it at that for the minute. As soon as I can post more details I will in case it helps anyone in the same situation.

 

It's not at all cut and dried, but at this precise moment it's looking better for us than them.

 

Lexis x

 

Ps - Unfortunately OH's grandmother passed away last week, so not a great couple of weeks what with that and my uncle dying.

[Guest]

hi lexis, sorry to read that, hope all is ok, as can be.

so, case looking favourable atm, as you say as sols involved prob better not to explain fully atm just in case.