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capquest - stat demand received - hbos Credit Card - **set aside**


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Also in support of this is the Credit Services Code Of Conduct which states:

 

Part 1 – (d) Comply with Debt Collection Guidance as published by the Office Of Fair Trading

 

CPUTR2008 states clearly

 

2.—(1) In these Regulations—

“average consumer” shall be construed in accordance with paragraphs (2) to (6);

“business” includes a trade, craft or profession;

“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;

“code owner” means a trader or a body responsible for—

(a)

the formulation and revision of a code of conduct; or

 

(b)

monitoring compliance with the code by those who have undertaken to be bound by it;

 

 

 

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Went to court today. We manged to get it set aside in the end, but it wasn't easy, we were in for 15mins and didn't get costs!

 

My partner went to jelly a bit and lost his voice, but I quite surprised myself and managed to get quite a lot out in a confident manner, it was clear that I was fighting to change his mind and it was the 1st credit printout that seemed to work wonders with him.

 

Basically the judge said that by them not putting a court name on or by not serving it properly didn't actually prejudice us in any way we managed to get everything we needed to court within the time limit, so although they made a mistake, it didn't stop us from finding everything out and doing the necessar steps!!!!! He did a lot of ''headmaster'' style moaning to my partner for not paying this debt and warned him to pay it asap. He didn't agree with our arguement that the penalty charges were excessive, he said that under their (hbos) terms and conditions, they are within their rights to add on whatever they feel and not try to help us to get the debt under control, in other words, that was our problem!!!

 

Glad it's over!!!!

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  • 1 month later...

Hiya!

Not been on this thread for ages, as nothing much has changed really. I'm still being passed around all the different dca's and the threatening letters are still coming, but to date nothing more substantial than threats. However, as I've been reading through other threads and dealing with other issues which I've had, I have noticed that the dodgy default argument is now ''no good''!!!!! This is worrying as it's what I was relying on in relation to my credit cards, so I was wondering what the best step would be for me now??? Any advice please!!!!

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  • 3 weeks later...

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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