Davey vs Halifax/BOS/Cabot

[davey77]

hiya davey

 

been recommended to this thread of yours by 5664 cagger so guess im heading this way too eventually as bos may well sell on to this outfit, mine the same as you so will take time out to fully read your thread later

 

hope them chillies doing well, keep happy laters angel x

 

Hi Angel,

 

Cabot are not very tough to deal with. More frustrating than anything else.

 

Keep an eye on this thread to see how the ICO deal with the missing information requested as that could prove useful for you at a later date.

 

Chillis are doing well thanks. Flowers all over them now!

[davey77]

I am trying to write a book on being in debt.

 

I would appreciate any short comments and peoples experiences in their own words on how debt has effected their health and lives. In particular the stress it causes and what being ignored by Lenders and DCAs when you are trying be responsible has felt like.

 

Only short comments wanted please. Say about 300 word max. No massive letters and i am more interested in the psychological effects and mental state, the frustration and stress that attempts to communicate with creditors has brought, rather than the legal side or section 78 failures etc.

 

I would prefer comments sent via hotmail or yahoo (link on the left of these posts) and not posted on the open forum please and rest assured your name/username will never be quoted. All in strict confidence and for my own use in writing about the subject matter and any information will be changed as to keep any comments i may add to the book as anonymous and not traceable back to any individual in any way.

 

Thanks folks... something may come of it. I may be a rubbish author! If it's not good enough for publication and if i ever finish it i'll post it online for download to try to help those being hounded by the evil doers.

[davey77]

[Gimme Money]

Hi Davey

 

I've been just been reading this post and other post on the forum trying get me head round the 'invalid defaults' issue (which most people seem unsure of) and I was wondering where you picked up on the following? Is this 'time thing' mentioned in the CCA act and how would you use it to show that the default is invalid? ''I Don't think I've explained this very well''! Hope you can enlighten me.

 

Halifax shot themselves in the foot again:-)

1st class = 2 days del, 2nd class = 4 days.

14 days from service = 6th sent, 7th & 8th post, 9th service, 14 days from 10th.

 

 

Thanks GM:-)

[davey77]

Hey GM,

 

Check out fuzzybobbles post on JBs thread which explains the requirements of a Dn better than I:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/172734-hfc-agreement-enforcable-5.html#post2012313

[davey77]

[davey77]

Still awaiting on the ICO complaint re the missing pages of the agreement. That could take a long while. In the mean time no replies to Cabot.. can't be bothered with them to be honest.

[spartathisis]

I too have just received much of what you have posted up apart from the 21yr old agreement they managed to find! I too was missing a page from the agreement and said to them until they provide it account still in dispute.

 

Penin is I believe penalty interest, is that illegal at all? Even though the CCa is possibly enforceable the DN halifax sent certainly isnt;)

[angel_1]

hiya davey

 

ive just getting back to cag a lot more from today, lots to update you so will pm you and fab idea on your book,,, will contribute too

 

take care just wanted to say hiya on the thread for now

 

laters all angel x

[davey77]

Spartathisis... i think the penalty interest could technically only be called unlawful.. not outright illegal. Have you complained to the ICO re the missing pages at all? Can't seem to find anyone that has found the ICO to be helpful as yet

 

Thanks Angel...Appreciate anything you can add.

 

I'll catch your threads when you update them. My book seems to be consisting of ranting and raving at the moment and a couple of literary agents are not interested in the subject matter.. but then again JK Rowling was turned down 10 times before her book was taken up too!

[spartathisis]

Ken maynard could be voldemore(?)

 

Ill be the harry potter type:)

[davey77]

[spartathisis]

"one of our helpful advisors"!! and its gone up? How come they be charging interest?

[davey77]

"one of our helpful advisors"!! and its gone up? How come they be charging interest?

 

They have added about £10 to the account each month since they bought it last December.

 

I have asked for a detailed breakdown at how these amounts have been calculated (as i view it as a charge for debt collection) but all i have had is a nonsense reply stating something about how they are able to charge 'interest' etc.

I'm certainly not paying it!

 

Still awaiting progress on the ICO complaint re the missing pages under my CCA/SAR requests. Could be a long wait. Until then i am ignoring them. They won't take me to Court and i can't be bothered to waste printer ink

[spartathisis]

If its interest then it should be at the rate that was in force at the time the debt was passed on, they cant charge more but can charge less (my reading of the situation), but as its Cabot and they state they dont have to provide details to you (A Duty) they then cant charge the interest (a Right) as by implication it is equitable assignment and can only collect the debt and nothing else. I think im correct on that one (please correct me if not ).

 

I noticed on my screen printouts 9yrs ago when they bought the debt they added almost 2k in penalty interest and then a year later took 1800 off. no idea why, they told me they had changed their computer system and it had messed up all the accounts and it would eventually correct it self. This was before I realised they were lying towrags!

[davey77]

Davey is back after a bit of an absence to usual rubbish from Cabot which isn't getting a reply. Can't be bothered to be honest lol

 

 

[lynmal]

Hiya Davey

Have been following this thread with lots of interest as I too am having BIG problems with Halifax.

However - can I ask - have you paid them 34 pence as your balance appears to have gone down!!?? Perhaps if you wait another year or so...... who knows!

[middenmess]

The letter from Cabot is a bit out of order as it could be interpreted by someone not cagwise as meaning that they had the power to actually carry out those threats without the need to go to court.

 

Interesting to note that they say ''will occur'' and not the usual ''may''

[London000]

I'll be honest... I'm not even going down the F&F route. If the agreement is invalid then the agreement for them to contact CRAs is also invalid. Therefore their only route is constant badgering via letter because I have never read of a case where the court has ordered the debt to be paid (unless someone can elighten me?).

 

Hi there,

Sorry to hop in..

I have to agree with you no matter what..You either fight or ..you getting soft..which is exactly what they want.. I think that by entering in corespondence with them all(banks, DCA/s) is showing that we are doing way too much anyway....and playing a bit of their game.

DD:D

[davey77]

Hiya Davey

Have been following this thread with lots of interest as I too am having BIG problems with Halifax.

However - can I ask - have you paid them 34 pence as your balance appears to have gone down!!?? Perhaps if you wait another year or so...... who knows!

 

Yeah im not sure why the balance went down. in any case it's gone back up again now lol

[davey77]

The letter from Cabot is a bit out of order as it could be interpreted by someone not cagwise as meaning that they had the power to actually carry out those threats without the need to go to court.

 

Interesting to note that they say ''will occur'' and not the usual ''may''

 

...and even when they say 'will' instead of 'may'.. still nothing happens. Look at the retreat below... i thought it was pre-litigation time (according to them). But no.. yet another attempt to collect without putting their previous threats into practice.

[davey77]

[spartathisis]

im still waiting (3 months) for a page from the T & C's from Cabot and in turn HBOS. HBOS managed to dig out from 1987 a very poor copy of the CCA, but nothing states that the debt could be assigned or sold, hence the missing page drama. Methinks there is something on there they dont want me to see

[tosh1]

subbing

[London000]

im still waiting (3 months) for a page from the T & C's from Cabot and in turn HBOS. HBOS managed to dig out from 1987 a very poor copy of the CCA, but nothing states that the debt could be assigned or sold, hence the missing page drama. Methinks there is something on there they dont want me to see

 

Hi there,

It is obvious.... and expect nothing but another rubbish....at least that is what I keep receiving.

DD:cool: