Halifax loan Blair's-Moorcrap-Wetcloths-Iqor. - now HL claimform

[twoman]

Hi All,

Could someone have a look at the attachment and tell me if'it's enforceable.

BTW - it does have my signature on it.

[twoman]

Hi BB,

yes that is all apart from several pages of "personel loan conditions 2004"

[Guest Jason King]

I believe the arrangement fee has been included in the total loan amount with interest charged on it and this should be seperate.

 

Someone more knowledgable will no doubt reply to you.

[twoman]

Hi Jason,

Crafty bleeders,i didn't realise.

It just goes to show how dishonest they are.

[Guest Jason King]

Yes twoman. Have you received a Default Notice from Halifax?

 

I did, as recently as April 2008, and it was flawed and they even terminated my account whilst still within the Default Notice period.

 

They are pretty useless so I gather.

[Bazooka Boo]

I think, although not 100% certain that i read something on here about claiming bcak set up/arrangement fees aswell. Will have to have a dig about unless anyone else knows where it is, if at all!

[Bazooka Boo]

In the loan agreement docs, does it state your right to cancel?

The fact that it states on the document you posted that it is bound by the CCA 1974 and has yours and their signature IMO makes it enforceable, however you MUST have sight of your right to cancel, UNLESS you signed for this on their premises?

[twoman]

Hi BB,

I did sign for this on their premises but don't recall having been given t&c's only what they have sent me recently.

[twoman]

Hi BB,

Just checked the t&c they sent me and there is no rights to cancel or signature box within the t&c's

[Bazooka Boo]

AFAIK and in my very limited opinion in this,

 

if the contract/agreement was signed for on their premises then they 'should' have made you aware of your right to cancel,

 

this will more than likely have been verbally,

 

telling you that you have 14 days in which to cancel this agreement,

 

it is only if you apply for credit away from their premises that distance selling regulations come into it,

 

and they have to send you a physical copy of your right to cancel,

 

but I stand to be corrected on this...

[twoman]

Hi All,

I received this, this week.

Any thoughts on my next response.

BTW in came in a nice bright yellow envelope.

[Tingy]

Yep, I have a thought. You do not owe the money to RW as far as you know so ask them to prove their right to collect it. I suspect the letter posted above is just a threat. Read between the lines, we MAY have no alternative, IF you do x or y - very vague then a load of scary figures to scare you into coughing up. I could have written that letter to you and made it look official - would you pay me without proof I had the right to collect the debt?

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would also remind you, that I/we are aware of the 'MALG' Guidance/Code that you should comply with.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[twoman]

Hi Peeps,

Received this from IQOR.

They state that their client is my creditor - Er no they are not.

Dispute is resolved - Er Account is STILL in dispute

I have had a NOA - No i haven't (ever ) and these are the 4th outfit to chase this.

Any suggestions on my response.

[PGH7447]

so its gone from robberway to westcot to igor - sent the I am amazed letter - or ignore your choice - igor are about as much use as an ashtray on a motorbike - as you can tell by the last 3 paragraphs, what is the point of all that guff

[twoman]

Hi PGH7447,

Yes,it's gone from Blair's-Moorcrap-Wetcloths-Iqor.

I have never ever recieved any NOA from any of them including the OC

Have responded with them all, Account In Dispute due to the arrangement fee being included in the loan amount which deems the agreement inproperly executed.

Wescot is not my creditor,where do they get that one from!

 

They have given me 14 days to respond with my payment proposals....nice!

[twoman]

Hi Caggers,

Recieved claim form from crapquest today.

Any advice appreciated.

[citizenB]

Your timeline is as follows :-

 

Issue date 30 May 2014 + 5 days for service = 03 June 2014 + 14 days to acknowledge = 17 June 2014 + 14 days to submit defence = 01 July 2014

 

You need to send CPR 31.14

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You should amend the draft request to obtain

 

1: The agreement

2: The termination notice

3: The Notice of Assignment

4: Statement of account showing how the sum being claimed has been assessed - to identify any penalty/default charges.

 

The above is sent to the Solicitor named on the claim form.

 

You should also send a CCA request to the actual Claimant - Capquest.

 

Also have a read of the link below. If you could answer all the questions asked in the thread linked, then please answer them in THIS thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

[twoman]

Hi CitB,

As they have only stated the credit agreement is this the only document i can request under cpr.

[citizenB]

Hi CitB,

As they have only stated the credit agreement is this the only document i can request under cpr.

 

Read the claim again..

 

They have mentioned that it has been assigned

They mention it was terminated

They mention the agreement

The claimed sum allows you to request the statement of account.

[twoman]

Hi CitB,

Thanks for your response.

Before i decided on what todo could you give me advice on what the best course of action is please.

The way i see it is i have several options:-

 

1) Admit and pay on arrangement £8,000 ( don't want to do this as they probably paid about £500 for the debt)

2) offer them a f&f of £1500

3)defend on the basis the agreement is unenforceable due to no t&c's and the fact that the arrangement fee has been included in the overall cost and interest has been charged on it.If found liable offer a pound a week as currently unemployed and in loads of debt.

4)declare bankruptcy...but what are the consequences of this as i am a home owner(ex-wife and kids live in house,i don't live their any more)

 

Any advice on best course of action appreciated before i acknowledge claim.

 

Twoman.

4)

[dx100uk]

can you scan up your agreement & T&X's again

 

the 1st att is only one page?

 

dx

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[twoman]

Hi All,

This is not about avoiding any debt and monies owed

 

its about taking the same stance as the OC

 

who have continuosly ignored all requests for information

 

and instead of dealing with me they have sold it for 3-4p in the pound

and then these chase for the whole amount even though they are aware of the dispute

and because i won't play ball with them... BANG! Court claim and guess who's gonna win...not me.

 

This is what happens to alot of us and will continue to happen

 

because the poxy government will not help the consumer

 

but guess what they'll want your vote in 12 months time, well they ain't getting mine !

[twoman]

DX,

Would appreciate any thoughts you have as i need to submit an acknowledgement by Friday latest.

[dx100uk]

you ack the claim regardless - defend all

 

else you'll get a CCJ by default.

 

dx