lost my way

[kopper]

Last year I sent H the LBA (didn't follow up)

then they passed on my account (at this time it was over my overdraft limit)to blair oliver & scott to recover outstanding amount ( ALL pc's)

I informed BO&S that this account was in dispute and that I would not deal with anyone but H. Soon after H defaulted the account.

 

A year passed with nothing from H until now! I received a letter from IQOR demanding settlement of the amount. Again I told them that the account was in dispute and they would have to pass the account back to H before I would enter into discussions about the dispute.

 

I have today received a letter from a company saying unless I enter into a repayment agreement that I will be taken to court,

within their letter they say they will not enter into communications with me but I must make payments immediately.

 

What should I do? H are asking for £243 as I said ALL of which are pc's I have calculated that H owes me £523.

 

I would accept them to piddle off with both party's wiping off their respective claims do you think they would go for this?

 

thanks

[havinastella]

WOW,

 

Could you put that into paragraphs?

 

If I read it right, they want £243 and they owe you £523!!!

 

Its an easy fix, but your statement hurts my eyes!

 

Jogs

[sallysas]

Send letter if you want. My guess is they will be short-sighted and tell you 'no'. This will be good as when you file your N1 it shows that you have tried to be reasonable so the judge will have proof of this.

 

Halifax are banking on you NOT filing at court so just make sure you do - and keep reminding them that the account is in dispute. Blair,Oliver are just Halifax's in-house legal company as far as I am aware.

[BankFodder]

Firstly - why bother to send them an LBA and not follow up. you undermine yourself and give them the confidence to go on to take further action against you such as defaulting your account in breach ofthe banking code and in breach of the IC guidelines on defaults and in breach of your current account contract.

 

Now that they have done this to you and despite the fact that you are completely in the right and they are completely in the wrong, you are suggesting that you might do a deal and give up the money they owe you.

 

 

Firstly, if you think that they are going to remove your default simply on some deal, then you really are out of touch.

 

Basically you are offering HBOS about £275 in return for removing your default. Do you really think that these people care about this money? Or about you for that matter.

 

Are you French?

 

 

If you want to do something about this default, you will have to do it by force.

This means a court action which you are prepared to take seriously and follow through to the end.

 

If you are sure of your figures then on the basis of what you say, you position is unloseable.

 

You decide

[kopper]

Firstly - why bother to send them an LBA and not follow up. you undermine yourself and give them the confidence to go on to take further action against you such as defaulting your account in breach of the banking code and in breach of the IC guidelines on defaults and in breach of your current account contract.

 

Now that they have done this to you and despite the fact that you are completely in the right and they are completely in the wrong, you are suggesting that you might do a deal and give up the money they owe you.

 

 

Firstly, if you think that they are going to remove your default simply on some deal, then you really are out of touch.

 

Basically you are offering HBOS about £275 in return for removing your default. Do you really think that these people care about this money? Or about you for that matter.

 

Are you French?

 

 

If you want to do something about this default, you will have to do it by force.

This means a court action which you are prepared to take seriously and follow through to the end.

 

If you are sure of your figures then on the basis of what you say, you position is unloseable.

 

You decide

 

Bonjour Bank fodder,

 

Thanks for your direct reply.

 

At the time of my LBA I had so much going on I had no time to follow through on my initial letter . I completely agree that I should find my balls and take it to the wire.The only thing is I am now being threatened with court action via a solicitor

 

 

To answer your question about the default I'm not worried about it and as far as H are concerned they can go **** themselves. I understand what breach they have commited but my concern at the present is this GPB getting involved

 

Halifax have charge me interest, pc's and passed my account on to a third party after issuing a default but is this enough for me to fight a case and stop them getting this amount thats what iminterested in.

 

You say my possition is un loseable but numerous others have been defaulted and are being taken to the cleaners

[BankFodder]

I've edited your post as I think that you have included sufficient details for them to ID you if they are monitoring the forum - as they often are.

 

I'll get back to you about this.

Stay tuned

[BankFodder]

Are you completely sure about your figures? How did you come by them.

 

Frankly I don't think that there is much of a chance that they will sue you for this. It is pretty small beer - they prefer to make your life miserable than to go the whole hog.

However if they really owe you more than you owe them then the best thing that can happen is that they sue you and then you defend on the charges issue and countercl;ai for the balance.

The whole thing would be quite funny. It wold be a very silly error for them to sue you.

 

I'm not quite sure what you are saying about the default. At the beginning you seem to be concerned and then later you say that you are not worried.

Which is it?

If the default bothers you then I would say that you have a very excellent chance of having it removed - if you are prepared to sue - and if your figures are correct

[kopper]

Are you completely sure about your figures? How did you come by them.

 

For some strange reason I have all my statements going back to 2005 (account opened) so I know exactly when they pc'd me plus I added the 8% interest

 

I'm worried about the default to a degree but as I know that the sum they say I owe them is made up entirely of pc's I thought that they would be in choppy waters. I checked my credit file they havnt notified the CRA'S (at least they are playing ball here). But they have added interest further pc's and now have passed it on to a third party.

 

I was aware that BO&S is a division of HBOS I told them this over the phone and after that I heard nothing until this week (so I guess they didnt pass it onto a third party as perhaps technically they are one in the same.) So with this new letter and the one from iQor I thought they may have been taking it to a new level and becoming serious about getting this money off me. Im completely skint and a few weeks away from getting into serious waters finacially so with this in mind I'm begining to panic.

[sallysas]

You only add the 8% when you submit your N1.

 

I would suggest you send them another prelim and LBA a fortnight later with all charges up to the date you file your N1. They cannot default you as the account is in dispute - they know this. But they still think they are outside the law.

 

If you are having financial problems you can apply to the court for exemption or even remission of the court fees. The courts will need proof of 3 months bank statements, 3 monthly payslips plus any other income you have (like child benefit, working tax credit award letter) plus proof of account this money is paid into and then they let you know if you have to pay anything. You do this when you file at court.

 

Read some of the longer threads on this forum so you get a much better idea of what you need to do.

 

If you need expert advice on getting your finances sorted out I suggest going to About CCCS - Using Credit Wisely. They really helped me.

[BankFodder]

So I understand that you have received a default letter but haven't been defaulted on you credit filoe.

You need to keep an eye on this as it may well happen quite soon. Don't expect them to stick to the rules.

You would be well to write to the bank and remind them that the sum is comprised of charges and is still in dispute.

If you want to get some money straightaway and you are really skint then you could try writing to the bank an applying for a hardship refund.

Don't hold your breath or make plans on the basis of it but it costs nothing to try.

If you can get a waiver from court fees then make a court claim for the refund of charges straightaway. It will be put on hold but it will be clear evidence that they are in dispute. Also you get yourselff down for 8% interest.

If they do go ahead and enter the defulat on your credit file, you then have a very good basis for proceeding in the court for the removal of the default and we would help you.

[kopper]

So I understand that you have received a default letter but haven't been defaulted on you credit filoe.

You need to keep an eye on this as it may well happen quite soon. Don't expect them to stick to the rules.

You would be well to write to the bank and remind them that the sum is comprised of charges and is still in dispute.

If you want to get some money straightaway and you are really skint then you could try writing to the bank an applying for a hardship refund.

Don't hold your breath or make plans on the basis of it but it costs nothing to try.

If you can get a waiver from court fees then make a court claim for the refund of charges straightaway. It will be put on hold but it will be clear evidence that they are in dispute. Also you get yourselff down for 8% interest.

If they do go ahead and enter the defulat on your credit file, you then have a very good basis for proceeding in the court for the removal of the default and we would help you.

 

Thank you for all your advice I will find my balls and fight my corner.

[BankFodder]

It's not a question of balls.

It is only a question of doing what is right for yourself in all the circumstances.

Unfortunately you have to be very calculating when dealing with these people because they are merciless and motivated by greed.