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Thanks DD - yes it's absolutely ridiculous the naff judgement:mad:

So do I not respond to "we need to hear from you with your proposals ........... within 10 days" and just sit tight 'til proceedings commence:(

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you could write and point out that they have only partially complied with nyour request"!

 

beats watching jeremy kyle!!

 

You can say that again.

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  • 3 weeks later...

Update,

Have rec'd a reply from Helifax, they've sent a copy of the Application form and 2 sets of T&C's (reconstituted). Interestingly, the T&C's which I presume are the historic ones have our last address, not the address which is on the application form. Does this help in anyway??

 

There is a lot of waffle in the letter but don't feel I need to list these as we've heard it all before, you haven't disputed before, blah, blah... But would appreciate comments/help for the following:

 

They state:

"The prescribed terms are present in all of the versions of the agreement provided to you. Whilst the actual credit limit is not shown as this is not known at the point the customer would have signed the agreement, an explanation of how the credit limit is set is included at paragraph (2.1)"

 

This is interesting as the prescribed terms are not on the application form, and as far as hubby can recall he was never given a pack or sent one with the T&C's. In fact his situation is very much like a case which was discontinued BOS vs Mitchell - (I believe I'm quoting the correct one, but if not can someone please correct me). He filled in an application form within a branch, no T&C's were given or sent. OH went to Helifax to apply for a loan but they suggested a CC, application was filled in and card was sent to him. No prescribed terms on application, and no t&c's.

 

They continue:

"With regard to your comments that this request has not been requested under CCA 1974 of DPA 1998 but under Annex A para 1.2(7) of the CPR Pre-Action Protocol, I can confirm that we have never suggested that provisions of an application form complies with the requirements under Section 78. We have complied by providing the recon T&C's which I enclose."

Am I being dim, but what do they actually mean by this?

 

They continue: "May I remind you that failure for your "Client"??(oops they can't even change a standard letter) to make payments under this agreement will result in collection activities and any default may also be reported to CRAs." - Are they suggesting that they will (or will not) take legal action, or just they will continue to pass to our lovely friends the DCA's??

 

They conclude: "I am declining your complaint"

 

Also OH has been receiving calls from Robbers way. I have told them to stop calling as he can't deal with them over the phone, it has to be done in writing. He has now rec'd a letter saying, contact us to arrange payments. How should he respond.

 

Apologies if its all a bit winded, but those of you who are familiar with me know that unfortunately, this is just my way.

 

Any advise on the above would be appreciated.

 

Thanks

Joemay:)

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Update,

Have rec'd a reply from Helifax, they've sent a copy of the Application form and 2 sets of T&C's (reconstituted). Interestingly, the T&C's which I presume are the historic ones have our last address, not the address which is on the application form. Does this help in anyway??

 

There is a lot of waffle in the letter but don't feel I need to list these as we've heard it all before, you haven't disputed before, blah, blah... But would appreciate comments/help for the following:

 

They state:

"The prescribed terms are present in all of the versions of the agreement provided to you. Whilst the actual credit limit is not shown as this is not known at the point the customer would have signed the agreement, an explanation of how the credit limit is set is included at paragraph (2.1)"

 

This is interesting as the prescribed terms are not on the application form, and as far as hubby can recall he was never given a pack or sent one with the T&C's. In fact his situation is very much like a case which was discontinued BOS vs Mitchell - (I believe I'm quoting the correct one, but if not can someone please correct me). He filled in an application form within a branch, no T&C's were given or sent. OH went to Helifax to apply for a loan but they suggested a CC, application was filled in and card was sent to him. No prescribed terms on application, and no t&c's.

 

They continue:

"With regard to your comments that this request has not been requested under CCA 1974 of DPA 1998 but under Annex A para 1.2(7) of the CPR Pre-Action Protocol, I can confirm that we have never suggested that provisions of an application form complies with the requirements under Section 78. We have complied by providing the recon T&C's which I enclose."

Am I being dim, but what do they actually mean by this?

 

They continue: "May I remind you that failure for your "Client"??(oops they can't even change a standard letter) to make payments under this agreement will result in collection activities and any default may also be reported to CRAs." - Are they suggesting that they will (or will not) take legal action, or just they will continue to pass to our lovely friends the DCA's??

 

They conclude: "I am declining your complaint"

 

Also OH has been receiving calls from Robbers way. I have told them to stop calling as he can't deal with them over the phone, it has to be done in writing. He has now rec'd a letter saying, contact us to arrange payments. How should he respond.

 

Apologies if its all a bit winded, but those of you who are familiar with me know that unfortunately, this is just my way.

 

Any advise on the above would be appreciated.

 

Thanks

Joemay:)

 

if you have T & C's showing a previous address since before you took the loan out- it would seem to indicate a "reconstruction"- and the fact that they have used data from other parts of their system and got the wrong address will be a fantastic weapon in court for you to show the court than NONE of their reconstructed information can therefore be relied upon

 

i would keep that one quiet until you are standing in front of the judge and their brief is waxing lyrical as to how his client is such a major national and respected and efficient bank that it could not possibly re construct a document which could not be anything other than a true copy of what the original agreement would have looked like!! Pity they don't allow camera;s in court!

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Fabulous, I shall keep it well and truly under my hat;)

 

As always DD thanks for looking in and helping with OH situation. So now do we wait for the claim to drop on the door mat? Looks as if Robbers Way are going to start to get heavy with the letters, do we:

 

1)Ignore

2)ask them to refer back to OC

3) or something else??

 

All comments welcome:D

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if you have T & C's showing a previous address since before you took the loan out- it would seem to indicate a "reconstruction"- and the fact that they have used data from other parts of their system and got the wrong address will be a fantastic weapon in court for you to show the court than NONE of their reconstructed information can therefore be relied upon

 

i would keep that one quiet until you are standing in front of the judge and their brief is waxing lyrical as to how his client is such a major national and respected and efficient bank that it could not possibly re construct a document which could not be anything other than a true copy of what the original agreement would have looked like!! Pity they don't allow camera;s in court!

 

It's not a previous address its one we moved into after application date, I suppose it's irrelevant really, what's important is it's the incorrect address - Am I correct in thinking this.

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Fabulous, I shall keep it well and truly under my hat;)

 

As always DD thanks for looking in and helping with OH situation. So now do we wait for the claim to drop on the door mat? Looks as if Robbers Way are going to start to get heavy with the letters, do we:

 

1)Ignore

2)ask them to refer back to OC

3) or something else??

 

All comments welcome:D

 

if they have not provided what they should have in response to s78 then they remain in default

 

i would just write back and suggest that until they fully comply with their s78 obligations you will not be in a position to respond to their demands

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