Maybelate -v- HBOS Charges outside Limitation

[maybelate]

Hi having received my first SAR information a couple of days ago was wondering if anybody has any help to offer:confused:.

I have started to look through it no wonders they dont want to do these for £10:grin:.

Can I put a claim in for charges going back more than 6 years?

The information is all over the place with bits missing.

On some claims they have stated they have paid me less than they should of all be it what I asked for:mad:.

They have left out recent comunication's since they started causing problems with my accounts for no reason, since moving have not used the account.

Just found an internal form regarding miss selling of PPI and the advisor states "if I had any involvement it would have been just printing up the papers and letting the customer sign them while helping out on reception at that date as a mortgage reviewer I was not auth to sell UPLs or PLRC:-o:-o

[42man]

That document would be interesting to see maybelate....can you scan / photo it and post it up OR send it to [email protected]

[MARTIN3030]

What bank is this ?

Yes you can claim beyond 6 years-have they included copy statements going beyond 6 ? if so how far back ?

[maybelate]

Hi it is HBOS, have statements with charges on going back to 1996 can post the internal form with all names account numbers etc deleted would this be of any use?

[MARTIN3030]

Yes sure.

[maybelate]

Morning everone, here is a scan of the HBOS doc. mentioned in my original post.

 

 

Regards

 

Maybe

[MARTIN3030]

hmn thanks.

So in relation to the copy statements that you say go back to 1996,can you confirm what type of account ?

[maybelate]

Hi Martin it is a current account.

[MARTIN3030]

Ok thank you.

Can I ask you to pop some info in our survey ?

The link for it is in my sig.

 

Thanks.

[maybelate]

Yes of course, now I have the information should I put in a claim for the older chages.I have had the six years worth as the test case is still pending:(

[MARTIN3030]

Yes you will need to use section 32 of the limitation act within your particulars of claim.

For the moment you will need to complete the pre action protocols for this before you file.

You should send the preliminary letter asking for charges to be refunded,followed by the letter before action.

 

The wording you should include there is as follows;

 

In relation to the charges being outside the limitation act 1980,and your contention that these are therefore not claimable,I give you notice that I will seek to rely on section 32 © of the limitation act,in that I was mistaken in the belief that the charges were fair and reasonable,and were a true reflection of your actual costs in processing/dealing with any breach of contract or terms and conditions.

 

When you are ready to file,come back to us for more assistance.

I think its an idea to change your thread title now.

I will do it.

[yourbank]

Morning everone, here is a scan of the HBOS doc. mentioned in my original post.

 

 

Regards

 

Maybe

That would be a standard complaint issue form that would be used internally dealing with PPI complaints, ie you firstly check who processed the loan with PPI, you then seek their comments if they still work for the company and then you look at all available information and come to a decision. The PPI complaint, I suspect predates that SAR which is why it has come to you since they have sent a bells and whistles SAR and not just a copy statements or list of charges ones.

Fascinating to see their form though

[maybelate]

Hi just an update after trawling through my SAR, I have found all the charges etc and they make up about 90 95% of my outstanding debt to them:D.Can't seem to get my head round claiming the % of charges that made up the overdraft:confused:.Anybody got any ideas on my next step,put the charges in wait for them to litigate then counter claim or offer a F&F off the back of these charges?

[maybelate]

Hi, I was wondering if someone could shed some light on a letter I have received from Halifax. It is a Default Notice about an overdraft on a current account dated 6.4.10 requesting payment of £0 .00 to be made before 5.5.10. What are they up to? requesting that I pay nothing? totally confused, can anyone else help?

 

thanks

[diddydicky]

you need to post it up

 

are you sure it is not just a notice of default- rather than a default notice?

 

given the amount required to remedy the alleged defect- you will automatically comply with it within the stated time!! therefore it cannot give rise to a claim by the creditor under s87

[maybelate]

Hi dd the letter says "Default Notice served under section 87(1) of the Consumer Credit Act 1974". Will post it soon, but can't understand why it is requesting a payment of £0.00?

 

thanks

 

Maybe

[diddydicky]

well thats deffo a dn

[The Mould]

Hi dd the letter says "Default Notice served under section 87(1) of the Consumer Credit Act 1974". Will post it soon, but can't understand why it is requesting a payment of £0.00?

 

thanks

 

Maybe

 

Hello maybelate,

 

How can you have of defaulted on the account if the payment to rectify the alledged breach of contract is £0.00?

 

If you have defaulted on the account the DN would state the amount required to remedy the alledged breach.

 

Do you know if you have missed any payments?

 

Kind Regards

 

The Mould

[maybelate]

Hi guys, thanks for the help so far. Here is the first page (the other 2 are the usual stuff about what will happen if I don't pay). I haven't missed any payments Mould, as it it for an overdraft (which was below the agreed limit), which the bank has decided that I can no longer have as I no longer pay any money in to the account.

 

 

thanks again

 

Maybe

[diddydicky]

one should now hope that they terminate the agreement- on or after 5 may!!

 

then they will have unlawfully repudiated- as you can successfully argue that you complied with the DN (by paying them nothing as demanded!)

[maybelate]

yes, thanks diddy, this is one I could actually afford to pay:D