Help needed with BoS credit card agreement

[Bazooka Boo]

Apologies are you able to re-post the link, I don't get anything when I click on the link!

[mooiismum]

Hi Boo

this is the link TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Hope it works this time, fingers crossed heh? Its the one marked HBOS1

MM

Edited September 12, 2009 by mooiismum
dyslexic fingers

[Bazooka Boo]

No Sorry, it just comes up with this??TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[mooiismum]

Ok at the top of the page it says Albums (3) click on that and it should come up with various albums click on the one marked HBOS01 and all should be revealed (fingers, teeth & eyes crossed this time hee hee)

MM

[mooiismum]

HI Boo, Thanks for responding.

 

First please try the link again, I put an extra letter in the link box (me n my dyslexic fingers). Bank of Scotland received the account in dispute letter sent by recorded delivery, but didn't sign for it and no response as yet.

OH is considering completing the defence and counterclaim section because of the anomalies as to dates. Do you think this is wise????? What route would you take????? (Never done anything like this - ever!)

 

As for CAB haven't been able to get them to make an appointment on the phone as the line is always busy, and OH is only just mobile again after his biopsy.

 

As for the other info regarding the Financial Ombudsman and OFT he'll get on to that straightaway and I'll be back on the phone on Monday trying to make an appointment with CAB. (They are always totally inundated in this neck of the woods)

 

MM & MM'sOH

 

Urgent help required please

 

Please can someone have a look at these documents for my OH we've had some great advise off Boo and Shadow but would appreciate further assistance. TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (click on the Albums(3) and then HSBOS01 please) this should then show the documents I'm referring to.

 

In brief the info on the County Court summons doesn't match the documents they've sent to him, in that the date on the copy agreement they've sent him is 2002 date stamped whereas the Court Claim form states agreement date of 1996.

 

MM

[supasnooper]

Sorry but the Tinypic link does not go to the documents.

[mooiismum]

Urgent help required please

 

Please can someone have a look at these documents for my OH we've had some great advise off Boo and Shadow but would appreciate further assistance. TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (click on the Albums(3) and then HSBOS01 please) this should then show the documents I'm referring to.

 

In brief the info on the County Court summons doesn't match the documents they've sent to him, in that the date on the copy agreement they've sent him is 2002 date stamped whereas the Court Claim form states agreement date of 1996.

 

MM

 

Sorry Supa OH hadn't allowed email viewing ( he's a stupid idiot). Try the link again please also this one Home - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and click on the HBOS01 file again please.

OH is panicking so doing everything in a hurry and making mistakes. I've told him to calm down as this attitude and lack of attention to detail could cost him big time. Thank you for looking.

 

MM

[42man]

OK....you have received a court claim, first things first, in line with the particulars of the claim, then you must send out what is known as a CPR31.14 to the opposing solicitors....(SEND RECORDED)

 

Have a look at this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524

 

This is why - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

You need to respond to their court claim within 14 days of the date on the claim form, if you wish to defend then state that.....you then get a further 14+3 days in which to submit your defence.....

 

Do you still have the default notice ?

[42man]

Also does the agreement contain notice of cancellation rights prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents Regulations 1983) ? If not then it will be unenforceable...

[42man]

So in line with your POC's on the claim form...send this recorded delivery...you will need to read this very carefully, try your best to understand what is being said and edit accordingly...so for example if this debt has not been sold or assigned to a debt collection agency then you will have to delete where it says *the assignment

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

[mooiismum]

I dont think OH still has the default notice I'd have to ask him. It's the discrepancies with the dates? The docs they've sent OH just don't match the court docs.

If you could take a look back through the thread you'll see what's been going on.(please read posts by Shadow and Bazooka Boo)

I'm baffled by all this, OH seems to have lost the plot, (he's only recently had a biopsy for cancer and still awaiting the results)

 

On the docs they've sent OH it suggests an overdraft limit(?) nothing about a credit card & as mentioned the dates don't match, one set of docs says 1996 the other is dated stamped 2002:confused:

Oh is at work at present but will ask him about the default notice (if he ever got one) we were having trouble with post going to other addresses in the street and not being passed on, which we took up with Royal Mail, (and I've still got the replies from them)

 

MM

[mooiismum]

Its not that easy to read and I wear glasses! The docs go on about a cheque book and card, and not going overdrawn, I can't seen any reference to a credit card. Neither can I seen anything mentioned about Credit Card agreement or termination rights. Oh asked them for a more legible copy but they've said they don't need to send one as the "relevant information" is legible! I'll get OH to look more closely with a magnifying glass, that's how bad it is to read!

 

MM

Edited September 14, 2009 by mooiismum
dyslexic fingers!

[Bazooka Boo]

Personally, I think as they are playing so dumb, and you've both got a lot on your plates, you may be better getting proper legal advice, or at the very least make that appointment with the CAB.

From experience as they never answer the phone due to being so busy, you would be best going there in person to arrange an appointment.

 

Then you can at least show them first hand all of the documents sent between you and them, or speak with a solicitor who specialises in consumer law, your first hour is normally free, and I suspect you will qualify for legal aid, so don't worry about the cost, if I can get legal aid when I was earning in excess of 30K a year, then by Christ I am pretty damn sure you will be able to.

 

If as has been said, the documents they have sent are unenforceable, a) due to illegibility b) no CCA, then the Solicitor will see that and get it stopped before they can even get started:D

 

As 42man says you need to reply within 14 days of the date on the claim form, you might be better seeking the help of a solicitor soonest.

 

Don't cave in and give up, this is what they are hoping you will do, dig your heels in stick two fingers up at them and just think 'how dare you when me and my OH have enough to worry about as it is'

 

If it goes your way, and their is nothing to say it won't, then you should tell your solicitor you want to seek damages, and explain the reasons.

 

I know it is easier said than done, but tomorrow is another day, forget about today...

 

 

 

Boo;)

 

http://www.communitylegaladvice.org.uk/en/legalaid/charges.jsp

 

http://www.communitylegaladvice.org.uk/en/about/callback.jsp Get them to call you back.

 

Find A legal Advisor:http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Edited September 14, 2009 by Bazooka Boo
Links added

[mooiismum]

Went to CAB to make an appointment which was an absolute waste of time!!! First thing that was said was "no money for funding debt advise" - gee thanks if they'd even bother to answer the phone they could have saved me 3 hrs of precious time - all I got was an envelope with leaflets in! Anyone know of a good solicitor that give free inital advise in the Stoke area please?

 

MM

 

 

 

 

 

MM

Edited September 15, 2009 by mooiismum

[mooiismum]

Does anyone know a good solicitor in the Stoke area that gives free initial advise please.

 

CAB were useless, they informed me before even sitting down that there was no money for funding debt advise. I wasted 3 hrs of precious time to be told this. OH needs someone to have a look at these Court docs to see of the discrepancies would stand up.

 

MM

[Bazooka Boo]

Glad to see your going to get some legal advice MM;)

 

I think it will be much better for you in the long run, as they can at least see first hand the info you have.

 

Did you try any of the links above for Legal Aid?

Call Back Service

 

The National Debtline 'might' be able to point you in the right direction also.

 

Hoping this link will work Solicitors in Stoke Yell.com

 

If it doesn't search yell.com, I really can't believe they didn't even tell you of anywhere you could go to for advice!

 

Let us know how you get on..

 

 

Boo:wink:

[mooiismum]

Evening Boo. They were totally useless, didn't even look at the papers or listen to anything I had to say! The only "advice" was... "you obviously must own them money & if you do contest you could end up paying court costs and fees and when you filled in the court papers send a copy to the creditors to let them see what your defence is, " I could have got better advise off our dog!

We're trying the other links and will phone around tomorrow for an appointment. I'll keep you informed as you are & have been a great help and support for us. I'll keep posting what happens as and when, so please stay subbed. Hopefully well get the right outcome. Fingers crossed heh?

 

MM & MM'sOH

[Bazooka Boo]

OK, try not to worry about their attitude at the moment, the main concern is to get this paperwork seen, and then they can advise you more suitably.

 

Once this is over and done with then the CAB can have both barrels!!

 

Complaints procedure for clients of the Citizens Advice service

[mooiismum]

We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although it's not very good pubilicity for them.

 

It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders.

 

MM

 

MM

Edited September 15, 2009 by mooiismum
dyslexic fingers

[Bazooka Boo]

We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although t's not very good pubilicity for them on the net is it though?

It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders.

MM

 

Yes agreed it is, especially when you have so much more important things going on in your lives right now, if I were closer I would gladly devote my time to help you both.

 

But, for future reference and that of any others reading this thread, what i have found speeds up posting sensitive documents on here, is to first photocopy the doc, then black out the info not to be seen, and then scan that doctored doc using photobucket or tinypic.

 

No doubt someone will tell me an even quicker way!

 

Once we get the right result from this MM, which I am confident will happen then come back and we can go to town on the CAB..

[mooiismum]

If we get the right results from this there's a very large "what ever your tipple is" waiting for you. We'll get it to you somehow. We're not brill with either tinypic or photobucket but I'm sure that practice willmake perfect. Some of you on here leave me in awe with the apparent ease at posting docs, links ect. Plus it takes me time to do things and my memory ain't that good, I have to write everything down in order to remember for the next time (hope this makes sense) I think you may understand this.

MM

[Bazooka Boo]

A lot of us who post up letter templates or links, have them all bookmarked for ease of reference, I even have domino's bookmarked:D

[mooiismum]

I have lots of links and must put them in order, there is so much good info on here you could "link" or bookmark forever. I've also got a folder with very important info and template letters in just in case my computer crashes!

MM

[underdog13]

But, for future reference and that of any others reading this thread, what i have found speeds up posting sensitive documents on here, is to first photocopy the doc, then black out the info not to be seen, and then scan that doctored doc using photobucket or tinypic.

 

No doubt someone will tell me an even quicker way!

 

 

You can blue tac thick paper (such as bits torn from an envelope) over the sensitive info, scan and post:) Saves the ink used in photocopying; don't laugh, you're gonna get through a loooot of ink with all the correspondence to these berks;)

[mooiismum]

Thanks, this is a great tip, will remember for the next time. You guys keep our spirits up ( and I agree - they are berks!!!)

 

MM

Edited September 16, 2009 by mooiismum
Dyslexic fingers