re: Current bank charge claiming situation ???

[shantimar]

Wondered if anyone could help?

 

I sent letters re claiming back £1000 of bank charges recently , received details of charges and then sent letter saying i want to be repaid etc etc , received reply saying that due to court ruling hearing etc they have acknowledged my claim and blah blah , but will be on hold until decisions are made then they will deal with it ???

 

Is this right do i just have to wait or is there something else i should do ???

also should i write back to them acknowledging their reply or what ???

 

thanks xx

[yourbank]

Wondered if anyone could help?

 

I sent letters re claiming back £1000 of bank charges recently , received details of charges and then sent letter saying i want to be repaid etc etc , received reply saying that due to court ruling hearing etc they have acknowledged my claim and blah blah , but will be on hold until decisions are made then they will deal with it ???

 

Is this right do i just have to wait or is there something else i should do ???

also should i write back to them acknowledging their reply or what ???

 

thanks xx

 

Unless you are claiming financial hardship which means priority debt arrears then everyone is waiting for the OFT test case decision.

[BankFodder]

They are correct that all claims are on hold. However there is an appeal to the House of Lords which will probably be heard this year and we may even have a judgement this year. It will take some time after that I expect for a repayment scheme to be put in place. I expect also that the banks will be given a substantial amount of time to repay each customer who requests a refund of their charges. It could be anything up to 6 months.

 

We have no idea what the repayment arrangements will be but they are unlikely to include interest -- and there may even be an attempt merely to repay the difference between the charge which you paid and what ever figure the OFT decides is a fair charge.

 

There is no basis under the Unfair Terms in Consumer Contracts Regulations to say that simply a portion of the invalid charge is unlawful. Under the regulations, if the charges are unfair then it fails completely.

 

Our advice to everyone is that they should not wait. You should begin a claim immediately. You can include 8% statutory interest and you can claim for the lot. Once the House of Lords produces its decision, then we hope that the county courts will lift the stays of all cases and that you will be able to carry on your claim quickly. I can even imagine that the banks will prioritise charges claims which are already in the court process.

 

Make sure that you claim on the basis of the UTTCR

[shantimar]

I received my Bank of Scotland Credit card CCA , or what I think is the CCA .

 

IT is very tiny , small small print , my signature is on it back ion 2004 , and various tick boxes etc etc , my income says £7200 and occupation syas other ??? I took out PPI with the card also , will try and get it scanned and post up on here to try and deceide whether it is true and correct or not ???

 

If it is enforceable I can hopefully claim back PPI charges as I never used the cover but paid for it for a good while !!!

 

If It is enforceable might I be able to negotiate a reduced settlement with them for it ???? when you are given the chance of a reduced settlement in writing can you take them up on it any time later ??? Ie , offer in May , take it up or try and haggle and take it up say in August ???

 

Sorry for all the questions guys , Just so stressed and depressed and angry at all the ridiculous disgusting debt I am in and just never seem to be getting any further out of it !!!!

 

Also a few months ago they took a payment out of one of my current accounts to make a payment on my credit card account !!!

 

Are they allowed to do this ??? they took my money without my permission !!!! Grrr

 

Thanks for reading guys and any adbice greatly appreciated .

 

xxxx

[shantimar]

HBOS CCA:

[shantimar]

try again ??? cca >>>

[shantimar]

[shantimar]

CCA .

[shantimar]

CCA>

[shantimar]

[hammyhound]

Shantimar,

 

You need to take off your personal details - ie card number and your signature and re-post.

 

HH

[shantimar]

Anyone know if this would be or is enforceable etc ???

 

I think or hope It may be unenforceable because :

1) Its illegible ??

2) There is no stated credit limit ??

 

 

any advice be great .

 

[edit]

 

thanks xxx

Edited August 7, 2009 by steven4064
agreement removed as it contains personal details

[clemma]

Very bad copy......

 

I can't see any mention of APR, payment reschedule OR credit limit. If this is all they sent you then I would say it's unenforceable. Also, it appears to be an application form (and I would remove some of those personal details of yours too).

 

Send them the following letter if you want:

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

xx/xx/2009

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter-dated xx/xx/2009 the contents of which are noted.

 

I note that you have included a copy of the document, which you aver to be the copy of the credit agreement between us

 

Now I wish to draw your attention to a series of concerns that I have with that document and why I feel that you have not discharged your duties under Section 78(1) of the Consumer Credit Act 1974

 

The document received is headed “xxxxxxxxxxxxxxxxxxxxxxxxxx” within this first there are no prescribed terms as required by schedule 6 column 2 of the Consumer Credit Agreements Regulations 1983 SI 1983/1553.

 

To avoid any argument, the prescribed terms for this style of agreement (running account credit) are as follows

 

1. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

 

2. A term stating the rate of any interest on the credit to be provided under the agreement

 

3. A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Now im sure you are aware as per Wilson & FCT [2003] All ER (D) 187 among others that if the prescribed terms are not in the agreement then the agreement is rendered unenforceable

 

 

To be honest I cannot tell as its not legible, infact even when blown up on the pc it is not legible and as a consequence I believe that the document fails to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

For your information, I reproduce regulation 2(1) for your reference

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1)The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Clearly as the document you have supplied is not easily legible you cannot say that you have discharged your obligations under section 78(1) as the document does not comply with the copy document regs referred to above

Now to quote your own words from paragraph 3 of your letter “this means in effect as long as the terms are clearly shown, the CCA requirements are satisfied” well im sorry but they are not as the second part of this document that you supplied in reply to my CCA request is not clearly legible

 

Now to resolve this matter you can either supply me a copy of my agreement, which is in a legible form where all the terms are clearly stated and the prescribed terms are embodied within the agreement

 

Or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the county court and I will request pursuant to section 142(1) of the CCA that the court make an order on the enforceability of that document.

 

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have then the court would have no other option but to rule the agreement unenforceable

 

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot although the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this debt as it cannot be enforced without a truly legible signed credit agreement containing the required prescribed terms

 

 

I await your reply

[MRS_P]

Looks like the agreement you have was an application that was done in branch, correct me if I'm wrong.

 

My DSAR request had one exactly the same, I did the application in branch. I have just sent of a CCA request to see if this brings back anything different. There and no prescribed terms on the 'Credit Card Application'

 

My thread

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/213228-mrs-p-halifax-visa.html

 

Mrs_P

[shantimar]

Thanks for your advice , This sounds promising , kinda what I have suspected , It would be excellent if this was to be the case !!

if they cant enforce this , and depending on their reply to this letter , what should I do then ??

will they shut down my current accounts etc , generally be unpleasant to me etc ?

 

Thank you very much , your help has really been most appreciated .

 

xx

[MRS_P]

I've just noticed on your application form that the PPI cover is pre ticked again very much like my application.

 

You may have a case of mis sold ppi?

 

Mrs_P

[shantimar]

Mrs P , yeah ours seem to be both the same type of thing , just a copy of the application itself !! my copy being a dreadfully poor copy !!!

Will follow the advice i have been given on here and see what happens next .thanks guys xx

[citizenB]

If you also have a current account with this bank, then it might be a good idea to start a parachute account immediately and get any DDs and in payments transferred to the new account.

 

Banks have a habit of raiding accounts within the same administration to "offset".

[shantimar]

edited for personal details , any further advice appreciated so much .

 

thanks guys . First CCA is HBOS one , thanks xxxx

 

(Edit)

Edited August 8, 2009 by maroondevo52
Removed link, containing personal photos

[middenmess]

shantimar--all of your personal photos/albums are viewable on your photobucket link

[maroondevo52]

Hi, shantimar.

 

Could you do the link again, please, without the personal photos

 

Regards.

 

Scott.

[shantimar]

HBOS and MBNA CCA posted here>>>>>>>

 

 

My mother is really concenred becoz due to stress and hassle of all this with banks I have had to be prescribed antidepressants for depression and stress and she has been worrying that I may try and kill myslef ???!! I dont think im at that point yet , but u never know getting horrid letters day in and day out from these banks!!!

 

 

wrote to HBOS last week re £500 bank charges reclaim ,as i am in hardship shd be considered sooner rather than later contacted ombudsmand re this tehy said they wld help if hbos did not blah blah blah

also wrote re requesting lower payment plan as am unemployed, on jobseekers allowance and have NO MONEY ~!!!!!!

 

also asked re reduced settlement >>

 

They have wrote back saying you asked wat ur credit card balance was ??? eh no i didnt !!! i asked re reduced settlement etc

 

they have told me balance!! very helpful !!!! lol

 

said hardship or not they are not willing to reduce payments blah blah , unless i contact a debt charity ??? provided lots of names >>

 

I told them previously i had contacted citizens advice bureau !!!!

 

ragagagagagahhh

 

and last but not least said re my unfair charges , that they are happy that they were issued correctly on my account , and that they wont refund the £500 up to now , but they will put system in place whereby i cannoy incurr anymore >>>?!!!!!

 

Please someone help me ????

 

someone tell me what to do next re my CCA as posted >>>>

 

??????????????????????????????????

 

also how to get them or ombudsman to pay me my £500 charges upto now ???????????????????///

 

and any other help re charges, settlement, debt written off etc etc , unenforceable etc ????? so appreciate d??????????????????????????please help .

 

 

thanks guys and good luck to everyone hwo is fighting banks !!!!!!!!!!!!!!!!!!1

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[shantimar]

CCA post link >>>>>

 

xxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

Pictures by shantimar09 - Photobucket

[saintly_1]

8 threads merged please keep to one thread per claim thanx

[yourbank]

Shantimar, can you clarify exactly the threads that we are doing?

 

Ok, what you need to do is start 1 thread in "hardship applications" forum and one in "MBNA" which I think is a credit card and enforceability.

Can I just check if there are any other banks/credit cards you are dealing with?

 

 

The merging of the threads because they are not in an order might be the reason why it appears confused. Once we know exactly which is which, I am sure we can re sort the thread