Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[Shazza50]

I have received from them a photocopy of a priority reservation form that I completed when I applied for the cc. Is this the same as a credit agreement? Also, there are pages of terms and conditions which I don't think are the original ones as the charges are £12 and I think they were still charging £25 when I took it out.

[postggj]

they are clutching at straws big time

 

my answer will be no, no ,no

 

can you post up that so called reservation form

 

google photobucket to post

 

use the upload link for message boards to post with out thumbnails to post

[Blondmusic]

Can you scan it or take a picture with a camera so someone can have a look at it for you? Make sure you edit your personal details off the documents (the paint program does this well) then post it up using Photobucket or Tinypic.

[Shazza50]

Thank you, I will have a go at doing that later as I have to go out now.

[Shazza50]

Here's what they claim is the CCA...

 

[postggj]

Wait For More Replies By The Caggers Who Know Credit Card Applications

 

It Looks Crap To Me And Unenforceable

 

Wait For Confirmation Though

[F_DCAs]

Prescribed terms? Their signature? Where are they?

 

I agree. Looks pretty much useless as a binding document to me. However, wait for a few more opinions.

 

Once again, Mr Faccenda - the poultry industry's counterpart to Mr Majestyk - fails at Stage One.

[Shazza50]

Any more opinions please?

[babybear39]

It's merely an application form, they have to do better than that!

[Shazza50]

Do I let them know that its not good enough or just see what happens next? Does it not matter that in the box 'bank use only' it has got the actual account number of mine?

[littlebert8]

I've had the same trouble with these clowns. They purchased an account from MNBA, which in turn had been assigned from BoS.

 

I CCA'd them as soon as they started chasing. After about 3 months of looking, they eventually found an old BoS affinity card application - similar to yours. Its completely unenforceable, so I send them a letter explaining this and basically telling them to f off. I signed it off by suggesting they had been sold a pup and that they take it up with MBNA! I can post this up if you like.

 

They have since wrote back saying that they think its enforceable, so I guess its wait and see what their next move is. If they do sue me, then they cant say they wernt warned - should help to make a case for wasted costs when the "chicken" out and withdraw or it gets struck out.

[PeteT]

32 months after I CCA'd these numpties I STILL get a letter every 3 weeks stating they are requesting the paperwork.... from themselves!

 

I've started sending them a response ever 3 weeks telling them how many days they have been in breach! LOL

[odds]

First point is, NO prescribed terms, second, no mention of terms and conditions at all from what I can make out. Third, PPI, claim it back

Application form, thank them for sending you an application form and ask them for your credit agreement and original T&C's that you allegedly signed up to.

[littlebert8]

Here is what I sent to after recieving a very similar document:

 

Thank you for your letter of XXX in which you enclose a copy of a what you assert to be a copy of my “original agreement with MBNA Europe Bank”. I note the document enclosed with you letter is a photostatic copy of a microfilm document that is clearly labelled as a Bank of Scotland Application Form.

 

 

I assume that your letter is a response to my letter of XXX in which I notified you of my dispute with MBNA Europe Bank Ltd. due to their being in default of my request to supply me with a true copy of the executed credit agreement for this account.

 

 

The document that you have supplied does not comply with the requirements of the Consumer Credit Act 1974.

 

 

The document does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

“127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).”

 

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

I note that you intend to resume “collection activity” in the next 14 days. I would therefore like to remind you that such action will be in violation of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Collection Guidelines.

 

 

I you cannot supply a compliant copy of the agreement I require written clarification that this is the case.

 

 

Should you ignore this request and attempt enforcement, I may file complaints with appropriate authorities such as Trading Standards, the Office of Fair Trading, the Information Commissioner and Financial Ombudsman Service. I may also initiate litigation in the County Court.

 

 

I would also like to remind you that I require all communication to be in writing. I refer you to the contents of my previous letter regarding harassment by telephone and the threat of doorstep calls.

 

 

Since the agreement is unenforceable, it would be in both our interests to bring the matter to a swift conclusion that avoids both the cost and inconvenience of a protracted dispute. I can only assume that MBNA Europe Bank Ltd failed to inform you of my dispute with them prior to assigning their rights and responsibilities under this account to yourselves. I respectfully suggest that you seek redress from MBNA for any loss you believe you may have suffered as a result of this transaction.

 

 

I suggest you give serious consideration to the above as any attempt at litigation will be vigorously defended and I will counter claim for all quantifiable damages and/or wasted costs.

 

I wont claim that this is my own work, I did crib it off CAG before ameding it for my own needsm but I cant remember where it was originally posted.

[Shazza50]

I have been burying my head in the sand a bit and I have been ignoring any letters sent by Hillesden as I thought what they had sent me wasn't my credit agreement and that they would just go away when they realised I wasn't playing. But this weekend I have received a claim form from Northampton county court:(.

I have just had a quick look through the paperwork and I presume I just fill it in and offer what I can afford, which at this moment in time will be £1 a month as I am not working, I don't receive any benefits and hubby is on IB and receives an occupational health pension. I also notice that I send the forms to their solicitors and not to the courts, why is this? I thought the courts would decide on payments.

[jon888999]

I'm sure somebody else will be along to help soon, but don't panic, don't admit or offer anything. You need to make a CPR request then file an embarrassed defense, also you could counter claim for charges and PPI. With these idiots it's no good ignoring them.

 

You need to constantly keep reminding them of the regs they've broken

Have you had a default notice? If so was it compliant?

You can fight this, do it right and they'll drop it before it ever fets to a judge.

They are hoping you will panic and give in!

 

See this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[Huff&Puff]

They must be reported for trying to get you to send the forms to their solicitors. What they are hoping to do is to sit on them so that they can obtain a judgement by default

[Shazza50]

 

not sure if I've done this correct but this is the letter I recently received from the solicitors.

 

Then I received this one

 

 

Now I have the claim form which I don't understand at all, because the way I read it, it hasn't been to the court yet. Its saying any payments should be sent to Aplins:confused:.

I'll scan these in a minute in the hope that someone can enlighten me.

[Shazza50]

ok, this is the front page of the claim form

 

 

and this is on the reverse

 

 

there are a couple more pages about employment and income and expenditure.

[Blobbypet]

Blimey I have not had a letter for months now

I hoped that they have given up

[jon888999]

Have you got a default notice from the OC? Looks like they are trying it on to me!

The POC is vague! Didn't realise DLC operated banking facilities, defend this right and you'll stop them.

[Shazza50]

Thats what I was also hoping , nothing for months then 3 one after the other, all dated within a few days of each other.

[jon888999]

Shazza50: Just asked the site team to look at your posts.

Site team: Sorry if i've asked in the wrong way.

[Blobbypet]

I haven't got one yet but it worries me looking at what shazza50 has

[Shazza50]

Thanks for that Jon, I am completely out of my depth now. I was hoping they would just give up and go away. As long as I get replies in plain english I'll be okay, I think.