threatened court action

[takeitalltheway]

After requesting CCA from HBOS last year and them not producing I stopped paying them due to the non production of a CCA. They did send me a copy of terms and conditions (with the wrong address on ) but no executed CCA (because I never signed one). They have passed account to Blair Scott and Oliver who phone me about once a week. B,S and O have now written to me to say that HBOS have instructed them to start court proceedings against me. I am quite concerned and am not sure what to do. Should I let them take me to court knowing that they aren't able to produce the properly executed CCA??

[fiftypence]

More than likely a total bluff on their part. How are they going to take you to court if they don't have an original CCA? That is what any court action would revolve around, no CCA = no debt.

[IdaInFife]

send them the benused letter ( although we all know it's the same company)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

Idax

[takeitalltheway]

Thank you for your replies. I really appreciate your help. I will send the letter and see what they come back with.

[maroondevo52]

Hi, Takeitallaway.

 

How come you never signed a CCA.

 

 

Regards.

 

Scott.

[takeitalltheway]

they never sent me one to sign. They sent me a letter saying I was already 'approved' as I held a current account with them. I rang them up went through a few questions, they said I could have the card and about a week later the card arrived. No agreement to sign or any paperwork ever came through.

[rory32]

When roughly was the account opened?

[takeitalltheway]

march or april 2007 I think