Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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 on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HBOS and OH's card debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4107 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 710
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Angel, I would be interested in seeing that information re the 3 years as well.

 

I paste and copy links into a word document with the relevant post number and thread title - then it is fairly easy to just look through for those interesting little "snippets".

:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Angel, I would be interested in seeing that information re the 3 years as well.

 

I paste and copy links into a word document with the relevant post number and thread title - then it is fairly easy to just look through for those interesting little "snippets".

:D

 

Exactly what I've started doing, CitB:)

Link to post
Share on other sites

hiya lexis and underdog

 

i saw that posted on a thread now once i find it will refer you to it, but i think its something that is being discussed at the moment, and if it becomes law the poster was saying a few dca will go out of buz but only my memory and this week, ive read so much i m goingto have to devise a system to record where snippets like this are for any future ref,,,lol

 

am feeling better today thank you, lets see what the weekend brings

 

laters guys angel x

 

Glad you're feeling better Angel, hope your friend is too.

 

Have a good weekend:-)

Link to post
Share on other sites

OH has 7 days to pay or legal proceedings will begin.

 

FFS, don't these gimps read notes?? Is it really the best course of action to threaten legal recourse when you can not actually go down that route.

 

Oh, and they'll be passing it on to debt collectors who WILL use door to door twits.

 

And, as a bonus she reminded me about the DN they sent - the one they sent to OH's old address despite them knowing he doesn't live there:)

 

I hadn't done anything about that yet as I've had some stuff on my mind, but I can see how my evening's going to go:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Lexis, I have given up with these guys. This was my last letter to them.

 

Dear Sirs,

 

Thank you for your letter dated.....

 

It would appear that we are now in a deadlock. Therefore, I commend the genuine attempt to resolve a dispute by putting your case before a Judge. I accept that this matter has now reached an impasse with both parties apparently having equally strong views about the merits or otherwise of the case.

 

I welcome the opportunity to let the courts decide and look forward to receipt of the papers with great interest. I will also expect a properly executed Regulated Credit Card Agreement that contains all of the Prescribed Terms within the four corners of it, attached to the claim form.

 

Yours faithfully.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Angel, I would be interested in seeing that information re the 3 years as well.

 

I paste and copy links into a word document with the relevant post number and thread title - then it is fairly easy to just look through for those interesting little "snippets".

:D

 

 

Well i have kind of tried to do something like that, not sure if im just opening up lots and lots of word documents then i cant find my snippet easily, arghhhhhh

 

pls tell me an easy way to do this would be really happy:D:D:D

 

ta muchly, laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hey CB:)

 

Have you had a response yet?

 

I didn't actually realise it as I only skim read the letter (which was btw sent 2nd class on the 7th needing an answer in 7 days), but they have stated in black and white that they have terminated the account:D:D

 

If you remember, this was the one with a dodgy dn:D

 

So, even if they had an enforceable agreement, they'd have lost the rights to all but £59 arrears. I'm almost tempted to offer them that as a gogw, considering there are over 1k worth of charges which haven't been claimed back:D

 

I'm having a good old think about my next letter to them, which hopefully I'll have ready by Monday.

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

hiya lexis and cb

 

me too got the statement this morning, i think i need to do something along this line too, cos they are adding about 100 a month interest thus i need to tackle this one very quickly

 

so look forward to what we can put but now thinking about this i ve not had an acutal cca from bos only that scrapy bit for halifax, which my letter went to them ohhhhhhh i can t wait on that reply hahah

 

ive only had terms and conditions on the bos one,,, my god i must look at this further this pm

 

off for a bit of lunch see ya laters keep happy angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hey CB:)

 

Have you had a response yet?

 

I didn't actually realise it as I only skim read the letter (which was btw sent 2nd class on the 7th needing an answer in 7 days), but they have stated in black and white that they have terminated the account:D:D

 

If you remember, this was the one with a dodgy dn:D

 

So, even if they had an enforceable agreement, they'd have lost the rights to all but £59 arrears. I'm almost tempted to offer them that as a gogw, considering there are over 1k worth of charges which haven't been claimed back:D

 

I'm having a good old think about my next letter to them, which hopefully I'll have ready by Monday.

 

 

Wehey!!!!!!!!!!!!

HAAAAAAAAAAAA!!!!!!! Brilliant waht tw*ts!! Keep on co**ing up don't they.

oh well Lexis we are in the same boat

Milly XXXX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

hiya lexis

 

so say something like the file headed HARRASMENT

 

 

then if it was this thread make a heading

Re: Lexis200 V HBOs/BLAIR OLIVER SCOTT - rubbbish cca ( post number 198)

 

HERE THE INFO OF THE POST

 

******

 

SO anything to do with harrassment will be listed in this way?

 

so i should have a seperate word document for each category, like HARASSMENT, CCA, DEFAULT NOTICES, TERMINATION, NAME OF THE CREDITOR., etc

 

okay i can see that kind of working will test it out thanks, any more snippets sorry my little bit of humor after a long day ,,,lol

 

laters angel x have a good sunday by the way

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya lexis

 

cant sleep but i think do need to go to bed now

 

but what a gem ive found on this link here from BRW exactly how to save the info he explains it so much better than me:cool: post number 36

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/181538-advice-2-ccas-please.html

 

i did send him a tickle and explained we were discussing it - gosh how eerie is that lol

 

anyway im going to give it a bash tomorrow or should i say later

 

have fun laters angel x:D

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

mine aren't nearly as well documented as that angel...

 

I have one letter titled 'dcabogoff' and another 'illegibleagreementgoaway' :D I know what I mean though so that's ok:D

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

sorry lexis i was a bit behind yesterday brain a bit slow

 

well, we have all had the dogdy dn, terminated and now next?

 

 

its like being in our own club, once we get good news from underdog on the mbna thread, from that solictor maybe then we can go to the solicitor for a joint action re our bos accounts

 

can imagine possible look at it for us do you think?

 

just a bit of looking and updating see you all around and yes so very much huge huges for your pm lexis much appreciated and yes i do know i can reply on you many thanks again:D

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya lexis

 

of course very true, its what you feel most comfortable and easier for you to find/manage and use

 

i will see what i can do for me, but im so thirsty in the sense of knowing as much as possible, i kind of can see me doing nearly as much as i feel really passionate about all this self learning, actually better than college lol

 

so im using this site an my friends here to keep me motivated and getting the knowledge to help me through my struggles each day so in that light it cant be a bad thing for me

;)

 

anyway laters angel x keep happy

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hey CB:)

 

Have you had a response yet?

 

I didn't actually realise it as I only skim read the letter (which was btw sent 2nd class on the 7th needing an answer in 7 days), but they have stated in black and white that they have terminated the account:D:D

 

If you remember, this was the one with a dodgy dn:D

 

So, even if they had an enforceable agreement, they'd have lost the rights to all but £59 arrears. I'm almost tempted to offer them that as a gogw, considering there are over 1k worth of charges which haven't been claimed back:D

 

I'm having a good old think about my next letter to them, which hopefully I'll have ready by Monday.

 

Not yet, Lexis. They have probably realised I am dead serious and have passed it on to a REAL person, with REAL reading skills. At least it has given me a bit of breathing space in which to make sure I have all my paperwork organised.

 

Yes, they do seem to slip that "we have now terminated your account" sentence in. Probably in the hope you wont notice it. :D Or at the very least, dont recognise the significance.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

mine aren't nearly as well documented as that angel...

 

I have one letter titled 'dcabogoff' and another 'illegibleagreementgoaway' :D I know what I mean though so that's ok:D

 

:rolleyes: oh Lexis... !!. :D

 

Angel, I saw that post by BRW and have been busily reorganising my "snippets" filing system.:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

BOS really have made bad errors havent they and is awonder how they remain having a credit license.:rolleyes:

I bet Lloyds feel EXACTLY the same way now they've discovered the true loss in HBOS!!! Its so bad that now LLOYDS are going to have to be nationalised all because of HBOS!!!

 

Milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

  • 2 weeks later...

Hi all

 

I'm trying to formulate a letter to BOS as they've terminated the agreement following an in-effective DN. I know that as a result of this they are only entitled to claim the arrears, but can anyone tell me the origin of the quote below?

 

EFFECT OF FAILURE TO DEFAULT AND TERMINATE AN AGREEMENT CORRECTLY

 

Failure of a Default or Termination Notice to be accurate not only invalidates such Notice, (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 ) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, (Wilson v First County Trust Ltd [2003] UKHL 40, Wilson v Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson v Pawnbrokers [2005] EWCA Civ 147) but would also give the Claimant a claim for damages in the sum of £1,000. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)

 

I don't actually want to claim damages so that bit is irrelevant for me, but I'd like to be able to use the whole thing to back up my argument. I'm reluctant to though, unless I know where it actually stems from, even though it does quote actual precedents.

 

Thanks!

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

hello hello:)

 

Got a letter for BOS. I think I'll try this one, then if it doesn't work just send a to the point one telling them to put up or shut up. Either that or offer them the arrears to close the account!

 

I'm a bit fuzzy in the head today, so I'm not sure this is as clear as it could be. If anyone can see areas to improve on, please feel free to amend it!

 

I am in receipt of your letter dated 19th February, but I have some issues regarding it’s content.

 

In your first paragraph you state that you have been ‘unable to supply details of the agreement as signed by you. However, we did provide a copy of the signed application form...’. After this statement, you go on state that you have ‘provided a copy of the signed agreement’. Please confirm exactly how you have provided this copy, when by your own volition you have been unable to locate it?

 

Your first statement completely nullifies any argument based on a valid agreement being in place.

 

In addition to this, your company was sent a request for the original application, complete with historic terms, under a Subject Access Request. Despite a reminder when you failed to send this within 40 days, you have still not sent it.

 

Please confirm why, if you have these required documents, you are simply ignoring your legal obligations to provide this information?

 

As I mentioned in my letter of the 23rd January, your debt collection practices have become dubious at best. Despite my written requirement for all communication to be in writing, and giving you ample time to implement this, I am still receiving phone calls and text messages to both my home and mobile phones. I have copied the relevant paragraph from my letter below, for your convenience.

 

I am now advising you that I will give you 2 days from receiving this letter (which I will be able to track by Recorded delivery) to remove my numbers from your calling strategies. If I have a call from you after this, I will not only be reporting your company to OFCOM and Trading Standards for your appalling business practice and harassment, but I will also be charging you £5 for every phone call made, regardless of whether it is picked up or not.

As per my last letter, I have noted these and have enclosed an invoice for the calls I have received since the 29th January (two days after you received my letter). I will require payment within 14 days, or your reasons for non-payment, given that you had ample warning of my intentions. I will also require confirmation from you as to why you are not following the Banking Code to which you subscribe. Your company’s own terms and conditions do not in any way supersede the Banking Code, so regardless of the status of an account, if a customer wishes to be contacted in a certain way, you must oblige as long as lines of communication are kept open.

 

In my last letter I asked why BOS has recently seen fit to send two identical letters on several occasions. This was not answered. In addition to this now, I have found that you are sending important and sensitive documents to my old address.

 

You are completely aware that I do not, and have not lived there for some time now. You have been sending letters to my new address for several months, so to send them to a known old address is simply inexcusable.

 

This brings me to one of the letters sent to me at both addresses, by Charlotte Gurnell. This time-sensitive letter, which gave 7 days to respond, was sent by Second Class post, apparently on a Saturday, and did not arrive with me until the 13th February. The one sent to my old address did not arrive until the 14th.

 

Notwithstanding the above, which I consider to be yet another of your company’s threatening methods, it is stated in this letter that ‘Legal proceedings will commence’. We have already established that you do not have a signed agreement, merely an application for credit. This, as you have confirmed, precludes you from legal enforcement, and is therefore a very clear attempt to mislead me, and yet another breach of OFT guidelines and the Consumer Protection from Unfair Trading Regulations.

 

Also in this letter it is confirmed that you have terminated the account. Please be aware, the Default Notice you issued, and that you have based this termination on, is faulty. The reasons for this are shown below.

 

1) The notice gives 14 days from the date of the letter to remedy. For a Default Notice to be effective it must comply with section 88 of The Consumer Credit Act 1974. The Act requires you to give not less than 14 days after service. In order for this to be an effective Default, this notice would have had to have been hand delivered. It was in fact sent by Second Class post, with the one sent to my home address arriving on the 24th January, and the one sent to my old address arriving on the 28th January. At most this gives 9 days to remedy.

2) The notice includes arrears of £59.02. These arrears, and the balance of the account, consist of substantial unlawful charges. As such, the amount shown is incorrect, and again, this renders the notice ineffective.

3) The notice is not in the correct form. Form and content are set out in an exact manner, and can not be deviated from. You have not used bold text where necessary, and have therefore not conformed to the required form and content.

 

Due to these inadequacies within the Default Notice, the termination of this account based on this ineffective Default Notice is rendered as an unlawful rescission of contract, and you have relinquished your rights under section 87(1) to claim the outstanding balance.

 

Of course this is a moot point given that you are unable to furnish me with a valid, enforceable agreement.

 

Due to the facts that you have no enforceable agreement, and that you have now unlawfully terminated this account due to an ineffective Default Notice, I now require you to remove any adverse markers placed with Credit Reference Agencies, and to reduce the balance on this account to zero.

 

I also require your written acknowledgement that neither you, nor any agents you employ, will pursue this account.

 

With regards to your recent practice of sending important and sensitive documents to an address you know I am not resident at, I require a full explanation of your actions. This is clearly not an error, so please do not attempt to show it as such.

 

Lastly I am once again giving notice that you are not to phone or text me, either on my home phone or my mobile.

 

I look forward to your prompt written response within 14 days from the date of receipt (this letter is being sent by Recorded delivery, so receipt will be shown on the Royal Mail website).

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Having a bit of deja vu on this thread. I too keep getting two letters the same day saying the same thing; they are also using an old address even though I have confirmed a new one. My last letter from them said

 

"We have as yet been unable to suppy details of the agreement which you would have signed in 1998. However we did provide a copy of the signed application form together with the agreement currently in place.

 

Whilst we try to locate the full original application we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

 

I note from your letter you are also disputing your liability for this account but have given no basis for this dispute. As we have provided a copy of the signed agreement and you have not disputed the fact that you had the benfit of the agreement, we do not see on what basis you are disputing liability and we will continue with our normal collections and credit reference reporting activities."

 

I might mention they have sent an application form with no prescribed terms and my SAR request is very over due. They are mad.

Link to post
Share on other sites

HIYA LEXIS

 

opps not shouting just so happy to catch up with ya,,lol

 

lovely and direct letter to tell you the truth, ive only had a few suss phone calls that i dont hear ringing wink wink from hbos so who knows who is ringing

 

however, ive ignored them but have had field agents to visit letter - and yest had a couple in a car outside my car told underdog but who knows might not be for me - paranoia setting in

 

so i feel i need to also respond somehow too, as im awaiting on sars i cant include what you have so i will keep that letter for me for the time being so i can use parts and construct in my own writing of course

 

but what is Moot by the way,,,,,towards the end, never heard that word but im sure its a legal one hahhaha sounds really cool

 

well gal, im looking to a legal avenue too so good luck on this and when you get a reply then we might look further into legal expert in wiping the debt or at least allow us to only pay the arrears owing at the time

 

laters all off to post office in a bit

 

angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...