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HBOS taking me to court, please help.

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I have received a court summons from HBOS in relation to a Halifax Visa card.

 

I submitted a CCA request and eventually recieved an 8 page "reconstituted agreement" with acovering letter which stated

 

"The copy of the agreement enclosed with this letter complies with the requirments of the Consumer Credit (Cancellation Notices and Copies of Documents Regulations) 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any sugnature box, signature or date of signature. In summary we are not required to produce a copy with your signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable"

 

I have read many threads on this site and others and have never seen mention of these particular Regulations. Do these Regulations supersede the CCA?

 

Needless to say, the agreement provided bears no resemblance to my recollection of the 1 page agreement I did sign.

 

The court summons states that HBOS's claim is:

 

".....pursuant to an agreement entered into by the parties full particulars of which have been supplied hitherto."

 

I sent a CPR 31.14 request for the document and received a reply stating that they are currently COMPILING the documents requested.

 

My defence has to be submitted in 5 days, though I am thinking of requesting an extension due to the failure to meet the CPR request.

 

Any advice woudl be gratefully received.

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To get you going, a re-constituted is allowed for CCA requests. The copy docs regs do not replace CCA 1974, they work with it.

 

Important thing you need to do is to get an extension of time to file your defence. First I'd get and urgent letter to other side asking they agree to an extension of time for you filing the defence (assume you have already filed acknowledgment of service) as allowed by CPR 15.5 up to 28 days. If they agree then you must advise court of agreement. If they don't agree then apply for an extension for the reasons you have already mentioned ie non compliance with 31.14 request and their reply saying that they haven't even got doc yet.

R

 

I have received a court summons from HBOS in relation to a Halifax Visa card.

 

I submitted a CCA request and eventually recieved an 8 page "reconstituted agreement" with acovering letter which stated

 

"The copy of the agreement enclosed with this letter complies with the requirments of the Consumer Credit (Cancellation Notices and Copies of Documents Regulations) 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any sugnature box, signature or date of signature. In summary we are not required to produce a copy with your signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable"

 

I have read many threads on this site and others and have never seen mention of these particular Regulations. Do these Regulations supersede the CCA?

 

Needless to say, the agreement provided bears no resemblance to my recollection of the 1 page agreement I did sign.

 

The court summons states that HBOS's claim is:

 

".....pursuant to an agreement entered into by the parties full particulars of which have been supplied hitherto."

 

I sent a CPR 31.14 request for the document and received a reply stating that they are currently COMPILING the documents requested.

 

My defence has to be submitted in 5 days, though I am thinking of requesting an extension due to the failure to meet the CPR request.

 

Any advice woudl be gratefully received.

Edited by RobinWayRobinme
Thought this was an old exixting thread I'd subbed to

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Thanks Guys, all this helps.

 

I have just been reviewing the Waksman ruling and apparently the reconstituted agreement should contain my address details, but in fact it contains my current address.

 

Also, the reconstituted agreement shows an APR of 24.93%, but my statements show that I was being charged 18.9% for years before they started increasing the APR. This was the subject of my original dispute and my CCA request was partly to see whether the original agreement allowed them to increase the APR.

 

There are many other discrepancies which show that the reconstituted agreement is simply a statement of their current T&C's and cannot possibly be the one I agreed to.

 

I will follow your advice, and I am growing in confidence.

 

Thanks again.

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