Lowell Claimform - old North West Securties/CAPITAL BANK/HBOS Preference Account **CLAIM DISNISSED**

[M3GCO]

with figures

NWS-HBOS Loan- Preference Account CCA2.pdf

[postggj]

Ill Deal With This Tonight

 

Do You Have Any Info On The Credit Care

 

I Take It Thats Payment Protection Insurance Etc

 

Policy Document Etc

[M3GCO]

Hi postggj.

Thats all that they sent me regarding my cca (along with someone elses cca on the back of it)

 

I really have no idea what the credit care was and have no policy document.

 

Would you advise I request it from them?

 

I have checked my recent statement and there is no ppi on that.

 

The loan was for my first car and I was as green as grass and would of signed my soul over to the devil at the time!

 

Youth is definatly wasted on the young!!!

 

I have been doing well with this one

but am starting to get a bit out of my depth as I received a very interesting letter from Pref account.

 

 

In it they have written that the account is unenforceable by them,

then they are still going to wreck my credit rating etc and also that this was not a credit card in the first place so tough!

 

 

They also say I have 8 weeks to get back to them.

 

They say that they cannot find the original t&cs but were sure that they were present when I signed 15 year ago (good memory they got)

 

 

instead they have sent me a lovely new and doctered one

which shows their new location and also my new location where i have lived for 4 years!!!!

 

 

what are they up to???

Bit lost with it.

Where do I go from here with it all???

[cerberusalert]

In it they have written that the account is unenforcable by them,

Well that's all you need to know. you have their written admission that they cannot take legal enforcement.

then they say they are still going to wreck my credit rating etc and also that this was not a credit card in the first place so tough!

They would do that anyway whether you made payment or not by registering defaults. Luckily they can only do that for six years & it must have been recorded within six months of the a/c becoming deliquent under guidelines.

[M3GCO]

Hi Cerb and thanks for looking in.

 

does this mean that i do not have to pay them anything and they can't hound me?

 

By saying from when it was made delinquent

is that the date I first defaulted on payment

or from them getting my dispute letter?

 

Not really bothered about my credit rating as my tennants kindly stole my id and wrecked it any way

(thats how I ended up in this financial mess)

 

If its ok with u I will scan a copy of the letter in the morning for u to browse a

nd confirm what I think it was saying as all a bit confusing to me.

 

Your help is much appreciated.

[cerberusalert]

I'd like to see their letter yes, but on the face of it they've capitulated.

[M3GCO]

SENT 18th JUNE, THEY RECEIVED 21ST JUNE SIGNED FOR

 

RECEIVED 1ST JULY

 

RECEIVED 5TH JULY

 

RECEIVED 8TH JULY (NOTE WANT PAID BY THE 6TH AND LETTER DATED 9TH!?!?!?)

ALL THOUGHTS WOULD BE VERY MUCH APPRECIATED. THANKS FOR LOOKING IN.

[cerberusalert]

Well they have accepted the fact that they cannot take any legal enforcement against you, all they can do is continue to mark your credit file which they would have done anyway.

 

The bottom line is you do not have to repay this alleged debt unless you feel morally obliged to, but as we know when it comes to the financial industry they have very few so why should you?

 

Keep that letter very safe in case it's needed in the future.

[M3GCO]

Cerb that was the message I have been waiting to read to confirm my thoughts.

 

After reading through it all again today it is startling how many mistakes and tricks these lot try to pull on folk.

you may or may not of noticed that not once in any letter of reply did they mention the other peoples cca they sent me either.

Think I will keep a hold of that to!

 

Thanks so much for your advice, really made mine a happy family tonight.

 

I realise the time you put in to help others here and it is truely appreciated, your a good un!!

[cerberusalert]

you may or may not of noticed that not once in any letter of reply did they mention the other peoples cca they sent me either. Think I will keep a hold of that to!

The fact that they sent you someone else's CCA probably has some bearing on how tame their response was.

[M3GCO]

their 'loss' my gain. do you think i should send any sort of reply within their 8 weeks or just terminate all communication and sit back and wait to see what comes my way?

[cerberusalert]

There's no point in responding really, they may be hoping beyond hope that you will set up a repayment plan but the most they can do under the circumstances is periodically ask you for payment. They can't get too aggressive otherwise they could breach CPUR & OFT guidelines along with harassment laws, so basically you can ignore them. The alleged debt would become totally Statute Barred after six years from your last payment anyway.

[M3GCO]

Hi all.

 

Thought I would update you with what has happened over the past few weeks.

 

I have had my usual statement which has been getting interest added along with daily calls from BOS PREF on my mobile which I ignore.

 

I have also had Albion Debt collections write to me every couple of weeks.

 

The latest letter today says that rbs are going to start legals soon and send someone round to my house!

 

I pressume its not for tea n biscuits!

 

They ring my home number at least 2 times a day but never withheld so I simply dont answer.

 

In all fairness if this is the worst they can do I can happily live with it although I am sure they are breaking harrasment laws??

 

The big question is do i break my silence and write to them or just sit tight and ride out the rather mild storm???

 

Your thoughts appreciated.

Many thanks.

[cerberusalert]

They seem to have forgotten that they've written to inform you that they cannot locate the original agreement so why bother threatening you with legal action?

[M3GCO]

Hi, Thanks for looking in. appreciated.

 

Yip it would look like they overlooked that letter.

 

If it ever does go as far as court I think their case may drop to bits when its produced.

 

You think silence is golden or will I write and point out that they already 'boobed' up?

[cerberusalert]

I'd ignore them for now.

[24233513afw]

Hi

he did have a thread on here byt he is too ill to keep it going

so I will have to take over.

 

Any pointers would be greatly appreciated they just keep on passing us back and forth to DCA (That we can cope with).

 

The letter you hold from Bank of Scotland is priceless,

I had something similar from Creation Finance and they took me to court in Septemeber 2010

and once I produce the letter from them stating they know the CCA is unenforceable they backed off completey.

 

I managed to get win the case by getting it absolved

 

I must add if it had not been for all the help SFU gave me on CAG then I would have been in the black hole of culcutta by now.

 

Cheers

AFW

[24233513afw]

Duplicated

Edited October 21, 2010 by 24233513afw
dulicated

[M3GCO]

Hi AFW,

Firstly can I say I hope your hubby gets well soon.

 

The only advice I can give is what the other wise folk on this site (cerb especially) have given me.

 

I do also think your doing the right thing by looking at other threads,

a couple of nights reading through posts helped me get the 'jist' of things when i registered on this site.

 

Good for you in court!

Nice to see someone beat them.

I will cherish the letter I have for sure,

I was stunned when I got it.

 

The DCA dont really bother me as they are being very tame at the moment.

 

I am sure it will get worse but I do have a couple of trump cards up my sleeve so I am feeling confident about the whole thing.

 

I will post any updates soon as i get them and any help I can offer.

 

Thanks for looking in and I hope that things start looking up for us all!

 

Regards,

[M3GCO]

Hi again all.

UPDATE.

 

I have had a letter from MOORCROFT RECOVERY last week stating that if I dont pay within 7 days they are going to take me to court!

Happy days.

 

They also rang 6 times a day on mon/tue/wed and i ignored them.

(quickley googled their number when it rang)

 

Think I will let them do their worst and just wait for the summons to come.

 

I have a feeling that BOS have not mentioned to them that they have already confirmed in writing that the debt is unenforceable.

 

time will tell!

[M3GCO]

Hi all and merry xmas! Quick update.

 

Got a letter from Moorcroft dca 3 weeks ago saying that it was the final notice before court,

 

I then got a letter on the 24th dec saying that they will be happy with me paying £120 per month

and kindly put a giro payment slip on the bottom of the letter.

 

It must be their festive spirit getting to their otherwise non existant feeling of goodwill

as I have not had any contact with them what so ever.

(ignorance is bliss)

 

I will post copies of the letters on my return to work after the 5th.

 

I wish everyone that has looked at this thread and of course the great cerb, a very happy new year!

[M3GCO]

Hi again all.

Its been a very busy start to the year, well at least for the DCA s!!

 

I now have capQuest recovery sending week me weekly letters. The latest one is as follows.

 

'we note with regret that you have chosen not to deal with this matter despite our previous communication endeavouring to assist

you in coming to a satisfactory agreement to settle this account without the need for legal action.

 

it is therefore our intention to progress your account to our pre-legislation system where the relevant validations and checks will be completed.

your account will then be passed to our solicitors who may commence legal action on or around 7 june 11.

 

through the litigation process we will ask to seek an order of the court, directing you to pay monies outstanding.

if we are successful and it is necessary to do so, we will seek to enforce such an order with a warrent of execution.

in the event that we obtain a woe, a court enforcement officer (bailiff) will be assigned to attend your address and carry out the warrant.

 

The bailiff will take an inventory and levy goods. you will be informed that the bailiff has impounded the goods

and you will be asked to sign a walking possesion agreement, acknowledging that the impounded goods are in the possession of the bailiff.

if full payment or a satisfactory offer of a payment plan is not made, the bailiff is authorised to remove the goods for sale to pay the debt and costs.

 

a walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time.

 

however, she/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.

 

the fees charged by the bailiffs will be added to the amount owed. any additional costs for removing and selling goods will also be added to the amount you owe.

 

you should also remeber that any goods you own may lose value over time.

this may mean that if the bailiff seizes goods to discharge the sum you owe,

although the value of those goods will not exceed the amount you owe, it may cost you more to replace them.

 

all of this action is avoilable. it is therefore in your interest to prevent the above course of action by contacting this office immediately

to discuss settlement or your proposed arrangement to settle this debt.

 

our experienced pre-litigation team are on hand to assist you,

but this can only happen if you make contact before 7 jun11 a

nd failure to respond by the date outlined will result in legal action being instigated.'

 

So that s we are at!

 

I am wondering if now is the time to point out to them to get in touch with pref account

and ask them to have a look at the letter they sent or will I continue to stay silent.

 

Bailiffs coming to my door does not bother me at all if im honest.

 

I would like to know what powers they have if i am not in when they do call

ie will my better half answering the door give them the right to enter my house or do they have to deal with me only.

I appreciate any thoughts you may all have.

Thanks.

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[cerberusalert]

Bailiffs coming to my door does not bother me at all if im honest.

For a start they will have needed to have obtained a CCJ against you which you have then defaulted on, then they would need to apply to a court for permission to enforce. Obviously they need to prove there is an enforceable debt before they can obtain a CCJ.

[cerberusalert]

The bailiff will take an inventory and levy goods. you will be informed that the bailiff has impounded the goods and you will be asked to sign a walking possesion agreement, acknowledging that the impounded goods are in the possession of the bailiff. if full payment or a satisfactory offer of a payment plan is not made, the bailiff is authorised to remove the goods for sale to pay the debt and costs.

Only if you let them in, they have no power of entry.