Halifax and phantom Default Notice

[jowil1973]

Hi,

 

I have had a long ongoing dispute with the Halifax over a gold card.

 

Last year they paid me a back my PPI along with interest after I SAR'd and CCA'd them. They did this fairly quickly, even though the PPI was not the main issue I had raised to them.

 

I had been making token payments all year but when they returned the PPI and interest the card was left live (as it were). They applied an amount from the payment to the 'arrears' on the account (although the account was and still is in dispute) leaving a balance of a few hundred pounds and the following month I paid the full due amount for that month (they had just paid me a few thousand pounds!).

 

When the dispute started they removed my file from the CRA's but now it's back showing all ok up to the last two months.

 

Paying in full that month was a mistake as the next month I only made a token payment again and they then tried to put the interest rate up on the card. I complained about this and they did back down. There is no available balance as that has been reduced to the amount remaining. I have not had a card for the account since August 2008.

 

I have continued to raise complaints about the lack of full response to my SAR and that the application form doesn't meet the prescribed terms of an agreement.

 

Over the last few months they have got more pushy.

 

They send me letters requesting payments and they always seem to be requesting different amounts, even though they are sent within a couple of days of each other?

 

They have now warned me they will issue a DN and written to me telling me that I haven't responded to the DN and now passed my account to Albion who are now pestering me for the full amount. However I did not receive a DN!!

 

I have just called them to ask when the DN was sent and was transferred to another department then after being on hold for a while was given a date. I asked how much the DN requested and after a longer wait on hold was told they didn't know as they couldn't see what was written. I asked for a copy of the DN to be sent to me as I hadn't received it and was told that 'should' be possible.

 

I asked for a transcript of the call and after another hold was told this would be sent to me. I made my own notes during the call anyway.

 

I don't think they did issue a DN. I was only behind with two payments anyway. If they didn't does the demand for the payment in full from Albion mean unlawful rescinding of the account??

 

Thanks in advance for any help!!

[citizenB]

Halifax usually wait for at least 3-6 months of defaulting payments before issuing a Default Notice.

 

IMHO, it would be worth you sending a Subject Access Request, this will cost you £10.00.

 

Ask for ALL information in respect of your accounts/financial historty with them. Most importantly, request a copy of the account history/communications log. This should identify if and when they sent a Default Notice to you. Sadly, it wont say how much time they gave to remedy which is important.

 

Albion, has the account been assigned to them.. have they purchased the account.. or are they just the attack dogs, released to bully/harass you into paying ?

 

If they have purchased the account, then where is the notice of assignment:)

 

IMHO, just write back to Albion and advise there is a dispute that hasnt been fully resolved with Halifax and for them to back off until such times as it has.

[jowil1973]

The 40 days have been and gone and no SAR response from Halifax. I have proof of delivery for the letter too, they've also responded to the letter saying they feel they've already covered all the points raised??

 

Funny, there is no response at all to the unlawful rescision! That was what my whole letter was about.

 

Been getting the hassleing phone calls but I quite enjoy verbally sparring with the monkeys they get to call. Most of them know nothing about the ongoing disputes and they have no answer to rescision or any other issues. Some of them even wish me the best of luck with getting it sorted.

 

Other than sitting tight and waiting for them to do something, any advice??

[citizenB]

The 40 days have been and gone and no SAR response from Halifax. I have proof of delivery for the letter too, they've also responded to the letter saying they feel they've already covered all the points raised??

 

Funny, there is no response at all to the unlawful rescision! That was what my whole letter was about.

 

Been getting the hassleing phone calls but I quite enjoy verbally sparring with the monkeys they get to call. Most of them know nothing about the ongoing disputes and they have no answer to rescision or any other issues. Some of them even wish me the best of luck with getting it sorted.

 

Other than sitting tight and waiting for them to do something, any advice??

 

NOt quite sure of the way you have gone about things here.

 

A SAR is a request for data that a company holds on you.

 

I dont understand why you should then say that the Whole point of the letter was the unlawful recission. That should have been a separate letter altogether.

 

If I have misunderstood your post, can you please clarify:)

[jowil1973]

I issued the SAR as after originally saying they would send me a copy of a transcript of a telephone conversation where it was confirmed they had sent me a DN in February (which I never received), they then said that if I wanted a transcript I needed to pay a £10 fee (and issue a SAR).

 

This (the SAR) was sent as a seperate letter but in the same envelope as my letter claiming they have unlawfully rescinded the account.

 

I had already previously sent a letter to their complaints dept. requesting a copy of the DN and the telephone transcript, as they hadn't arrived well over a month after being told (on the telephone) that they would be sent.

 

After sending this I received a new DN which made me believe the original one I was told about never existed. As I had already received a letter from Albion requesting the full amount pre-dating the DN I sent the unlawful rescision letter and just put the SAR in the same envelope.

 

I then received a letter telling me they have already covered all my points!

[Davetherave12]

No Default notice isn't a surprise to me, I have not paid them for 18 months, The account has been round various DCA's and last week thety sent me a statement lol!!! My account number even had D1 after it(as though its in default). I don't think I ever received a default notice from them!!!

[jowil1973]

Transcript of telephone call arrived last week. It just makes them look completely inept. The person I spoke to left me on hold whilst chatting to various departments and no one has any clue what is going on. It does state that they confirmed the date of the DN as 15th Feb. That is what I was after, I can't believe they actually provided it.

 

They've passed the account to Robinson Way now who have been calling daily, although they don't leave messages if I miss the call. They started calling a few days before I got their letter so I didn't know who they represented to start with as I don't give security details to unexpected callers.

 

I called Halifax a few days ago chasing up the transcript and SAR response and they informed me that RW are acting as administrators and haven't purchased the debt so I said I would only speak to the Halifax about the disputed account. I also said I would issue Court proceedings if I didn't receive the transcript and full SAR response by close of business this week. A SAR response arrived today though I haven't had a chance to go through it yet.

 

I think it's now clear they demanded full payment of O/S balance BEFORE sending a valid DN, hence unlawfully reescinding the account.

 

I'll happilly respond to whoever they try to assign the alleged debt to advising them of this and see if they ever think they have enough to pursue the alleged debt at Court?

[citizenB]

Looks like you are top of things.

 

If RW continue to pester with calls and letters.. just let them know that the account is in dispute with the original creditor and you will not liase with RW. They should return the account for resolution of your dispute.

[jowil1973]

A quick summary of action so far:

 

 

Aug '08

• Credit card expired - no replacement issued as they wanted me to switch from VISA to Mastercard (I.E. a new account) with no valid explanation - I refused
  

Dec '08

• I asked HBOS to accept token payments and hold charges and interest due to a change in my circumstances
  
• HBOS replied advising me to seek independant financial advice and continue making token payments - charges and interest not mentioned
  

Feb '09

• HBOS continued taking minimum payments by DD, so DD cancelled
  
• Interest still being applied to account
  
• I sent CCA request
  

Mar '09

• Started receiving missed payment letters
  
• Charges, interest and late fees added
  
• CCA response delayed as 'docs are being ordered'
  
• Letter sent requesting a copy of the credit agreement under CPR 31.16
  

Apr '09

• Copy of application form received - partly illegible
  
• Letter sent saying no debt acknowledged as there is only an application form - improperly executed
  

May '09

• Received letter to say PPI to be refunded
  
• Received cheque for PPI
  
• Received letter to say (the rest) my claim has no justification
  

July '09

• I sent SAR
  

Aug '09

• Incomplete SAR response received
  
• Letter sent saying SAR incomplete
  

Sep '09

• Interest rate increased
  
• Letter sent complaining about increase
  

Oct '09

• Further SAR response received - still incomplete, statements do not go back to opening of account
  
• Default Notice issued
  
• Arrears paid within the timescale given on DN
  

Nov '09

• Letter of claim sent
  
• Response received denying I have any claim
  
• Interst rate increase refunded due to my complaint
  

Dec '09 - Jan '10

• Continual letters of claim sent
  
• Continual denial of any claim or of account being in dispute
  

Feb '10

• Letter received saying they had recently issued a Notice of Default (none received) and the agreement has been terminated
  
• I called and wrote asking for a copy of the DN as none received - advised DN date was 15th Feb
  
• Requested transcript of telephone call
  

Mar '10

• Letter from Albion demanding full outstanding balance
  
• Letter from HBOS advising an agent may call at my home and I would be charged for the visit
  
• Second letter from Albion demanding full outstanding balance
  
• Advised (on the phone) that to get a transcript of telephone call (as requested) I need to submit a SAR and £10 fee
  
• Second SAR submitted
  

Apr '10

• Third letter from Albion demanding full outstanding balance
  
• Default Notice received from HBOS demanding arrears
  
• Letter received saying they had recently issued a Notice of Default and the agreement has been terminated
  

May '10

• Letter sent to say I accept their unlawful rescision
  
• Letters received to say they have investigated my complaint, DN was sent in April and a template (no dates) enclosed
  
• Letter says they will accept token payments for three months!
  
• SAR response received but incomplete
  
• Letters received from Albion and Robinson Way both requesting full O/S balance
  
• Daily telephone calls started from Robinson Way
  

Jun - Jul '10

• Continual telephone calls and letters demanding payment
  

Aug '10

• HBOS letter received to say there is no unlawful rescision the account is now with their Recoveries Agent (not Albion or RW)
  
• Telephone call to HBOS, they say the agreement was terminated but not the account, the account is now with their Recoveries Agent and I need to deal with them
  

I think it's clear that they unlawfully rescinded the account and that they are on very dodgy ground anyway on the back of a largely illegible application form, incomplete SAR responses, and that the remaining balance is mostly due to charges, late fees etc. etc.

 

Now they are refusing to deal with me and I'm being pestered by DCA's, I want to issue Court proceedings.

 

Thought I would get some feedback first though?

Edited August 12, 2010 by jowil1973

[patrickq1]

send a LBA but only send the Letter Before Action if you intend to go through with it..also if you are not receiving all the information requested make a complaint to the ICO you can phone them and they will call you back to save you any expense

patrickq1

[jowil1973]

Have now received a letter from HBOS saying... “To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.”

 

What planet are they on? That doesn't even make sense!!

[jowil1973]

Wrote an LBA to Halifax and received a 'final response' refuting all my claims and advising me to go to FOS. I may well do but now need to issue a claim at Court. Can anyone help with the POC's?

 

I'm not sure whether to just focus on the unlawful repudiation or to include the account in dispute due to just receiving an application form as the CCA agreement, interest, fees & charges still being added, statements sent in SAR response not going back to start of account, therefore no way of knowing if PPI refund is correct, different DCA's chasing payments, etc. etc.

 

Any advice would be gratefully received.

[citizenB]

 

 

• telephone call to HBOS, they say the agreement was terminated but not the account, the account is now with their Recoveries Agent and I need to deal with them
  

 

 

Have now received a letter from HBOS saying... “To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.”

 

What planet are they on? That doesn't even make sense!!

 

As you say, what planet are they on ? Suggest you track down either diddydicky or vint1954 for advice on this one.

[vint1954]

Hi jowil,

 

The first thing that I would say is stop talking on the phone. Write to Halifax, copy in the latest DCA insisting everything going forward is in writing. If they call, tell them everything must be in writing and say goodbye. Be professional when you terminate the calls.

 

Unless you have very deep pockets, I would suggest that you avoid action in the courts, at least at this stage. Write to Halifax reminding them that they have not complied with your SAR. Inform them that your next step is the ICO. Give them seven days to respond in your letter, then go to the ICO. Its free.

 

“To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.”

 

The statement above is of course a lot of rot. If they terminate an agreement, it is just that. In reality they have terminated their contract with you, but the money is still owing.

 

You need to focus on the way forward. Can you post the copy of the agreement that they sent you (was this an s78 request) and the Default Notices, obviously covering up yopur personal details.

 

By the sound of things, the DN, Termination and Un;awful rescission is the way forward, with the agreement as a backup. If you cannot post the DN, just let us know the date that the DN was issued and the rectification date. Also was the amount claimed in the DN the full ballance outstanding or just arrears.

 

Finally, can you confirm if you have sent an unlawfull rescission\repudiation letter.

 

Vint

[jowil1973]

Hi Vint and thanks again for your help!!

 

I'm keen to go to Court if I can as I want to put an end to this and have already issued a Letter Before Action:

 

17th August 2010

 

Dear xxxxxxxxxxxxxxxxx,

 

Re:xxxxxxxxxxxxxxxxxxxxxxxxxxx Unlawful Rescission

 

 

Letter Before Action

 

 

 

Thank you for your final response letter dated 9th August 2010. I was most amused to read that... “To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.”

 

The last card issued expired in August 2008 since that time I have had no replacement card, despite being told I would receive a replacement card with a new account number? Therefore I have had no means of spending on the account in two years.

 

Also in August 2008 the credit limit was reduced drastically from £5900 to £950 – just £6 above the outstanding balance at that time – with no explanation given. The account was long standing and in good order at that time.

 

Surely these actions were “withdrawing the credit facility”?

 

I think your assertion seeks to confuse and is a further example of the unfair relationship you have perpetuated.

 

Please refer to my many previous letters where I have clearly laid out that the alleged debt is in dispute and my assertions that it is unenforceable.

 

In December 2008 I contacted you several times by telephone and by letter and asked that you confirm that as from 1st January 2009 my repayments would be temporarily reduced without adversely affecting my credit rating. As I could not afford the minimum monthly payments I asked you to accept a token offer of £1.00 per month.

 

If interest or other charges were being added to the account, I asked that you would freeze these. I also asked that as I had written to you and tried repeatedly to contact you by telephone to explain my circumstances, I would appreciate it if you could refund any charges you had added since notification.

 

You replied on 29th December 2008 and advised me to continue making token payments. Since that time however you have continued to add interest, charges, late fees and overlimit fees to the account.

 

On 4th February 2009 I wrote requesting you to provide me with a true copy of the credit agreement pursuant to s.77/78 of the Consumer Credit Act 1974.

 

On 10th March 2009 I wrote advising that the account went in to dispute on 25th February 2009, due to the response received not fulfilling your requirements under the Consumer Credit Act 1974 and setting out the legal case for the dispute.

 

Since then the account has remained in dispute as no further documentation, fulfilling your obligations under the Act, has been provided. Interest, charges, late fees and overlimit fees have continued to be applied.

 

In October 2009 I received a cheque for the refund of PPI plus compensatory interest. I have queried how the total amount of PPI was determined when you claim you do not have statement information going back to the start of the account? Also how any charges or fees added to the account can be sound when PPI refunds plus interest would have been owing to me at that time? I have received no satisfactory response, merely insistence that you have repaid the PPI plus interest and that is an end to the matter.

 

The Agreement is a regulated consumer credit agreement under the Consumer Credit Act 1974.

 

I confirm receipt of the Credit Card application form and the separate Terms & Conditions.

 

Please confirm that the Agreement that you have provided me with is a true copy of the signed executed Agreement by both parties and is the document that you would rely upon in Court should you ever feel it necessary to enforce the agreement.

 

If the copy you provided is reconstituted you must inform me whether you hold the original on file or if this is from your records as per Carey V HSBC Bank Plc 2009 [EWHC] 3417.

 

On review of the documentation, it is clear that you have failed to properly execute the agreement pursuant to schedule 1 and section 61(1)© of the Consumer Credit Act 1974 and the Regulations as follows:

 

• Default charges

• Legible agreement

 

Unfair Relationship

 

 

I also note that you have levied many late fees and over limit fees. Such late and over limit fees are penalties in that they are not a genuine pre-estimate of damage suffered. Late fees and over limit fees are unenforceable and are not payable.

 

Further, contractual terms dealing with late fees and over limit fees are unfair terms in a consumer contract and are unenforceable because of the terms of the Unfair Terms in Consumer Contracts Regulations 1999.

 

In accordance with Section 78 of the Consumer Credit Act 1974 you have incorrectly set out all of the terms in the Agreement prescribed by Schedule 1/S 61(1)© of the 1983 Regulations, the agreement is unenforceable on the grounds that it was improperly executed and therefore can only be enforced by a Court Order under Section 127(l)(a) of the 1974 Act.

 

I have issued two Data Subject Access Requests, neither of which has been satisfied fully. I have still to be provided with statements from the start date of the account. You have told me these are unavailable but have provided no certificate of destruction and, in my belief, you may be in violation of The Money Laundering Regulations 2007.

 

I have also advised you that incorrect information has been passed to the Credit Reference Agencies. The case of Kpohararor —v- Woolwich Building Society clearly shows that substantial damages can be claimed for injury to a person’s credit rating, without the need to demonstrate any actual damage suffered.

 

 

Furthermore, on 1st March 2010 you unlawfully rescinded the account by writing to advise the agreement was terminated and the account details had been passed to a Debt Recovery Agent. Further to this, on 17th March Albion wrote to me demanding the full outstanding balance on the account. By demanding the full balance you have breached the CCA 1974 S87 (1).

 

Further letters were received from Albion, demanding payment in full, throughout the following months. A Default Notice dated 9th April 2010 was also sent from you, demanding arrears on the account. Both prior to and since that time letters and telephone calls have been received from you, Albion and Robinson Way, all demanding payment on the alleged debt, plus a letter from you accepting £1 per month token payments - seventeen months after being offered.

 

I would refer you again to the Office of Fair Trading (OFT) guidelines for Debt Collection activity:

 

Physical/psychological harassment

 

2.5 Putting undue pressure on debtors or third parties, e.g. relatives, is considered

to be oppressive

 

Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals.

b. pressurising debtors to sell property or to raise funds by further

borrowing

c. pressurising debtors by using more than one debt collection business,

either one after another or at the same time, resulting in repetitive and/or

frequent contact by different parties

d. pressurising debtors to pay in full, in unreasonably large instalments, or

to increase payments when they are unable to do so

e. making threatening statements or gestures which suggest harm to

debtors

f. disregarding claims that debts have been settled or are disputed and

continuing to make unjustified demands for payment

g. disclosing debt details to third parties, (especially neighbours relatives or

employers), unless legally entitled to do so

h. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care e.g. sending open correspondence to

a shared post box.

 

Deceptive and/or unfair methods

 

2.6 Dealings with debtors are not to be deceitful and/or unfair.

 

2.1 Examples of unfair practices are as follows:

a. contacting people speculatively by e.g. addressing correspondence 'to the

occupier' when there is doubt as to whether they are the debtor in question

b. obtaining details under false pretences e.g. leaving a note at a

suspected debtor’s home telling them to phone to arrange a suitable

time and date for delivery of a package. When they call, they are asked

to confirm their personal details and are then sent payment demands for

a debt

c. refusing to deal with appointed third parties, such as Citizens Advice

Bureaux

d. contacting debtors directly and bypassing their known appointed

representatives e.g. in an effort to deal with someone in a weaker position

e. failing to refer on reasonable offers to pay by instalments

f. not passing on money collected within a reasonable time and failing to keep

and provide details of payments made.

g. where a debt has been bought, failing to establish the details of the debt

history resulting in debtors sometimes being wrongly pursued.

 

 

Three statements since the unlawful repudiation have been issued. Each one shows credits received which do not match payments made or the information given to the Credit Reference Agencies.

 

I have previously advised you that you have now unlawfully rescinded the agreement and that I accept that the agreement is now terminated.

 

I note that demands have been made for the full balance of the account.

 

 

This would include sums not yet due.

 

The Consumer Credit act requires the creditor to issue an effective Default Notice giving the debtor 14 clear days from the date of service of such a notice in which to seek advice and/or remedy the alleged default before they may claim entitlement to the benefits of s87 (sums not yet due).

 

You have not issued such an effective notice therefore you may not claim entitlement to the benefits of s87 of the act.

 

You therefore have no cause of action.

 

Further, having unlawfully rescinded the agreement, you can now never issue such a valid notice since to do so would perpetuate the fiction that the agreement, which you have rescinded, still endured.

 

Please advise me by 3rd September 2010 of the true arrears outstanding at the date of the unlawful termination, this being the only amount legally due to you, against which I need to set my claim for damages for their unlawful rescission.

 

Failure to do so will result in my issuing Court proceedings against you with no further notification to you.

 

Be advised that I will only communicate with you in writing. I have noted you and your agents repeated attempts to contact me by telephone over the past few months and these have been duly logged by time and date.

 

If the account has been assigned to another party then please provide me with a Notice of Assignment.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please note that Section 2.8 of the Banking Code states that failure to cease collection activity while a debt is disputed is an example of unfair practices.

 

 

I would therefore appreciate your confirmation that no further action will be taken to recover these outstanding amounts until this matter has been resolved. If you choose to continue collection activity I reserve the right to refer this action to the Court and to make a complaint to the Office of Fair Trading (OFT).

 

I have made every effort to settle this matter without the need to issue Court proceedings. It seems however that we may only achieve a reasonable outcome to this matter by allowing the Courts to decide, although this will involve us both in extra expense and time wasted.

 

Yours faithfully,

 

 

xxxxxxxxxxxxxxxx

 

PS. Please find enclosed a copy of a letter sent to Robinson Way.

 

 

I have received their Final Response, disputing all of my claims and advising that the account has been passed to Robinson Way and that I need to deal with them. Does that count as a Notice of Assignment??

 

At least if it goes to Court (even if I lose) no further interest/charges will be added.

 

I will try to post up copies of the agreement and DN now...

[citizenB]

jowil, have they just put the account out for collection or have they actually assigned it ?

 

Either way, should you receive any correspondence from Robinson Way, I would just advise that the account is in dispute and for them to refer back to the original creditor.

 

Once RW are advised there is a dispute and that part of that dispute is in respect of an s78 request, they should immediately return it to the OC.

[diddydicky]

hi, if you are intending to be keen to "go to court" as the claimant- then as vint has said- you would be unwise to do so- i would put it more strongly and say you would (IMO) be nuts to do so

 

a letter withdrawing a credit facility- not unsuprisingly says " we are withdrawing your credit facility"

 

again as Vint alludes to - they are trying to cover you with bovine excrement- hence the very sound advice to STOP talking to them on the phone!

[jowil1973]

Why nuts to go to Court?

 

They have already told me they will not go to Court but simply assign the debt to a DCA. Am I supposed to put up with endless hassling telephone calls and letters etc. from several DCA's repeating myself over and over that "the account is in dispute" until the debt is statute barred?

 

All the while the alleged debt grows as interest and charges are added and my credit rating gets worse and worse.

 

In my opinion it is clear the account has been unlawfully rescinded and has several other discrepancies (see my letter quoted above).

 

Even if I lost at Court - which I think would be unlikely given their indescepancies - the worst that would happen would be a CCJ, which is no worse than the Default that already exists on my file, PLUS they would have to stop adding charges and interest etc.

 

You could say I may be liable for their costs but in the circumstances that is extremely unlikely.

 

This site is called the Consumer ACTION group after all. Seems a lot of people are suggesting not taking any action against the banks of late. In that case what's the point??

[patrickq1]

Record all phone calls and contact trading standards, send the harrassment letter on the forum dummies guide,and do what other posts have suggested, only a plank would try taking them to court account in dispute sit back and wait

[jowil1973]

OK, so taking them to Court is "nuts" and "only a plank" would try it...

 

Name-calling doesn't constitute an effective, intelligent argument in my book. Can anyone explain why it's the wrong thing to do and address the points I have raised which seem to suggest that it's not such a bad idea?

[patrickq1]

if you want to take the name calling to heart then you can do so, no offence was meant...but unless you got pockets deeper than your mortgae mthen carry on with your court action ,would be interesting to see how much you think you can afford to spend, on the other hand have you asked for an audit trail to include all screenprint outs here it will show wether the default was phantom, as for the harrassment their is a harrassment letter on the forum USE IT and also point out account in dispute, also record any phone calls and pass it all to trading standards and fos

patrickq1

[jowil1973]

No offence was taken... and I've been called far worse. I just need to understand why Court action is not the right thing to do.

 

Why would it be so expensive as a Litigant In Person?

 

Just to confirm, screen -shots have been received as part of the SAR asnd they do show a DN in Feb. I never received one. Another was sent (and received) in April.

 

I have written to Robinson Way advising them the account has been in dispute since March 2009 and was unlawfully rescinded in March 2010 and should be passed back to HBOS. I also asked for a Notice of Assignment. They replied asking for details of why the account is in dispute and advising they would hold collection activity for 10 days. They have since started their telephone calls again. And just to be clear I always refuse to give security details to unsolicited telephone calls, especially from third parties that I have never entered into any agreement with.

 

Complaints went to the ICO about a couple of my 'problem' credit card accounts back in Jan this year. I was told there was a six month waiting list but having checked since I still haven't reached the top of the queue yet.

 

Another dispute was sent to the FOS who were shockingly useless!

 

The only joy I have had was when I took Court action myself as an LIP against 2 different CC companies. One didn't bother filing a Defence and the other did but I ended up being awarded costs, after two hearings, as the Judge decided they had been unreasonable.

 

Admittedly I haven't tried the OFT but you can probably understand why I believe Court is the only good option if you've done your homework and are sure (as you can be) the law is on your side!

[patrickq1]

did you also ask for the audit trail, this will show any deviations such as re entry of default notice and it will show the re entry at a certain date as new entry so if it was phntom then here you will find it they cannot edit a audit trail,

good luck on the court case but knowing if they have sent a default and its gone astray then proof of postage they will show the screenshot in court and if you get the wrong judge u really will have to pay dearly , yes as a LIP it is difficult and one of the reasons for this the judges look upon it as a challenge to the legal proffesion well most judges that is, i for one would leave it upto them to begin the action just send out the harrassment letter and try to get recorded phone calls as these will only work in your favour, their is no problems giving your id just give them a password i . amtwit and ask for there password then after all that remind them all communications will now be in writing and the calls to date have been recorded anymore calls will result in a trading standards report also a police complaint that should end the calls

[jowil1973]

Thanks for the advice Patrickq and DD!

 

I will request an audit trail and do the harassment letter. I generally record any phone calls I do have anyway. Funny enough I have a telephone transcript of one call to HBOS and it includes their conversations to different departments while I was on hold. I may post it, it really shows how the people on the phone are all clueless.

[diddydicky]

OK, so taking them to Court is "nuts" and "only a plank" would try it...

 

Name-calling doesn't constitute an effective, intelligent argument in my book. Can anyone explain why it's the wrong thing to do and address the points I have raised which seem to suggest that it's not such a bad idea?

 

are you referring to my contribution?

 

if not i apologise- if you are- you seem to have attributed the words "only a plank would try it" to my comments and then accuse me of name calling?

 

do i then take it that the rest of your "evidence" with regard to the matters in hand- are equally unreliable recollections of events?

 

i said that you would be nuts to go to court as the "claimant" - it would be difficult for you to "end up" with a CCJ having lost a case as a claimant!!

 

a truecall will cost you around £80 and you will never have another single telephone call to deal with- a tiny fraction of what it will cost you if you lose an action against a creditor as a claimant.

 

my "advice" is based on my own (not legally qualified) knowledge and was an attempt to help you avoid a common pitfall- if you chose to ignore that advice and/or act on alternative advice- thats cool!

 

If you decide to pursue a claim against a creditor i am sure that I, as well as other caggers will advise you as best they/I can

 

The forum may well be an "action" group- but that does not always mean "gung ho" action or "inadvisable" action

 

If you are confident then go for it and good luck.