HBOS card - CCA - NO Perscribed T&C's - now with lowlife.

[lamb909]

on fuether reading it says "alternatively instead of aplying for a CCJ we could (if your accounts meets certain critera) serve a statutory demand upon you and where you do not then repay petition for your bankruptcy"

 

Now, I know I haven't panicked much ovre the last few letters but am now thinking that they are thinking they actually can make this stick and do one of the above, surely if they knew what they have sent me wasnt enough to prove a true CCA, woouldn't they now back down a bit, I know most of them are idiots but if as you say, BB, I should report them, they will know they can be reported for this so are pretty sure they have a case, does this make any sense? or am I not understanding it properly?

 

Sorry for all the question, dont feel very well in my head at the mo, just trying to get things straight in my head

 

BB, you're the best, thanks very much

[Bazooka Boo]

The letters you receive, are designed to intimidate and exploit the debtors lack of knowledge, they are also printed by a computer, they have no human input whatsoever except the postie pushing it through your door.

 

They want you to think that they can do what they threaten as this often results in the alleged debtor being terrified enough to contact the DCA and either get abused over the phone and then forced into paying much more than they can comfortably afford to do so, or pay for a debt they are not liable for.

 

If this is from Red AKA Lowells, then there is nothing to worry about, the worst that can happen is they actually pull their finger out, spend some money and issue you with a court summons which can easily be defended.

 

Relax, enjoy the weekend, don't allow these pathetic fools ruin it.

 

Have you access to a scanner? If so, scan their puerile missive, delete ALL of your ID, bar codes ref numbers etc, and people will be able to highlight everything that is wrong with their tame empty threats.

[count orlok]

Their greed and stupidity know no bounds. They are just trying to scare you into paying, and it looks like they are starting to have some effect. Trouble is they ignore the rules because they think they can get away with it. If enough people report them, the bodies that are supposed to keep them in check will eventually have to do what they get large amounts of public money to do, that is look after the consumer and stop pandering to these purveyors of misery.

 

As BB says do not worry, just report them.

[sam tyler]

Hey Lamb,

 

I have a similar experience with a Halifax Credit Card which went through the merry-go-round of debt collectors.

 

I had the same type of agreement as you only it was a one page document with no prescribed terms and conditions whatsoever

Every time I wrote to Halifax or the relevant DCA, they just kept replying that as far as they wee concerned they had fulfilled their obligation and the debt was enforceable.

 

Considering I was at one point receiving monthly letters from a different DCA, all has been quiet now since October last year.

 

I know that this means nothing and that it could all start up again at any time however with help and support from the people on here, it will make a real difference to your case.

 

My thread is here, as it is similar to your situation and with the same company, I think you will find it of interest.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?187181-Halifax-Final-Decision-letter-received-please-Help

 

 

Best of luck mate and try not to let them get you down.

[lamb909]

Thanks for posting on my thread Sam, have read throgh yours and it makes interesting reading. I will keep an eye out for more updates.

Good luck mate. Don't know if it makes any difference but mine was orginally just through BOS not HBOS as it is now but I too had the letters from Blair Oliver Scott. I'm going to put together a letter of complaint, useing some of the things on your thread to see if that will keep them at bay. I havent slept all night and as a bloke, really shouldn't be saying this, but have shed tears. Its consuming me and I dont see a way out. I know the advice is right and I should remain strong and not panic but itss too hard. I am actually petriefied of attending court so am hoping it can be sorted before then

[Bazooka Boo]

Listen please, relax, court is the very last place these imbeciles want to go, they know full well that taking this to court will result in them being told by the Judge that they can only receive X amount per month, and in most cases it will be the token payment of £1 a month.

 

BOS is the Bank Of Scotland, so what you are receiving are letters from Halifax's computer, they have had NO human input apart from the postie pushing it through you letterbox.

 

Court is NOTHING to be scared of, it WILL be you who wins, IF it ever gets as far as court, and I guarantee 9 times out of 10, it Never does, because THEY are more afraid of court than you are.

 

You are playing right in to their grubby hands, believing what you are reading, they merely send out these puerile threat letters to intimidate, threaten and exploit your lack of knowledge in the hope that it will frighten you enough to pay money you either do not owe, or they have no right in collecting, and right now you are going to be one of their favourite customers!

 

There will be NO court, if there was any possibility of such a thing then it would have already happened, they would not have offered you the opportunity of defence.

[lamb909]

Now I am guessing this letter from Red crossed in the post with my complaint but they have now decided to offer me a 30% reduction of the debt, meaning all I nned to pay is 70%. All well and good but I couldn't afford to pay the 30% discount never mind 70%.. But its got me to thinking, why are they offering me a reduction when they appear to think they have a case? Why not just go for the whole lot? Sounds a bit sneaky to me...........or will theu just say to the judge, "look we offered Mr Lamb a reduction but he wouldn;t even pay that". I think I know what I am thinking but will wait to see if others thhink the same before I make a fool of myself

[dx100uk]

if anyone offers a discount that mean one of two things:

 

they have no enforceable paperwork

 

or

 

 

its all made of charges and/or PPI thaT can be reclaimed.

 

time to ignore them totally [or get reclaiming!]

 

they'll go nowhere near court ever!

 

dx

[lamb909]

Well going by my credit limit, (which I may have gone over) there must be approx £800-£1000 in charges approx. How can I claim charges when I dispute the debt? Sorry if I sound stupid.

 

I don't think they have a proper cca and such like, the document I've posted does not look like any ones I've seen on here whilst looking for one, its not got any T&C's etc at all

[Bazooka Boo]

Whatever you reclaim will go toward the outstanding balance, so if the charges and fees & interest cover the amount then the jobs a goodun!

[lamb909]

The charges won't cover the balance, no where near I'm sorry to say.

 

Re: the "CCA" they have sent me, I don't think it will stand in a court, does anybody feel the same, there are no T&C's etc and the "CCA" doesn't even look like one. Am I right in assuming *please God* that becuase they have offered me this discount, they know it will not stand up in court?

 

Should I reply to this offer?

[Bazooka Boo]

Without sight of the documents they sent you it would be very difficult to advise.

 

Have a read through this first http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

 

And NO, I would'nt accept their offer!

[lamb909]

Here you go BB

 

Attached Files

• Full page fax print.pdf‎ (719.3 KB, 43 views)
  
• Full page fax print 2.pdf‎ (585.0 KB, 29 views)
  

[Bazooka Boo]

When did you take this out? 5th Dec 2001??

 

Is that ALL they have sent you regarding this account?

 

Did you sign for that PPI also? If so reclaim ALL of that, along with the charges, IMO they have not got a leg to stand on, that falls way short of anything enforceable in court to prove you owe them anything.

[lamb909]

Yes, thats it BB, hadn't thought about the PPI, will check about that.

It was taken out no later than 2003, I think 2002 but made reduced payments up until 2007 so not SB.

They also sent me statements, does this matter?

[Bazooka Boo]

Put in a claim for the PPI to be refunded, and send them http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[lamb909]

another letter from Lowells

 

thank you for your recent communication, the details of which have been duly noted

 

please be advised that this matter has previously been reffered to the original creditor and you have been advised of their response

 

HBOs plc categorically state they have complied with your reqyest for a CA under the CC Act 1974

 

You are the registered account holder and you are liable for the outstanding balance in full. We are therefore entitled to pusue you for the monies owed

 

As owenership of the debt has now been passed to ourseleves we are not constrained by the T&C's of the account and have a greater degree of flexibility when seeking a resolution

 

in order to bring the matter to a close we would consider a proposal to settle at a lower figure based on a more affordable amount

 

we have placed your account on hold for 14 days to allow you to consider this and look forward to receiving your proposal in due course

 

Any thoughts?

[dx100uk]

hehe

good they played their card then

what a load of BS

 

the 'we will offer a discount'

is the clinchers here.

 

and the stupid line

 

As owenership of the debt has now been passed to ourseleves we are not constrained by the T&C's of the account and have a greater degree of flexibility when seeking a resolution

 

time to ignore them now.

 

dx

[lamb909]

Oky Doky DX, glad its amused you. Will ignore now, thanks

[Bazooka Boo]

Oh dear, shooting themselves in their own size 9's again!

[lamb909]

Is it just that they have offered a discount that means they have shot themselves in the foot? Just curious

[dx100uk]

well not the fact that they are offering a 'discount'

 

its the reasons behind it..

 

usually three:

 

it's statute barred [ and they know it]

their are paperwork errors that render it un-en in court

the debt is mainly made of unlawful charges &/or PPI, so thus they wont got to court because of a risk of counter claim.

 

bang...ouch..

 

dx

[lamb909]

well not the fact that they are offering a 'discount'

 

its the reasons behind it..

 

usually three:

 

it's statute barred [ and they know it]

their are paperwork errors that render it un-en in court

the debt is mainly made of unlawful charges &/or PPI, so thus they wont got to court because of a risk of counter claim.

 

bang...ouch..

 

dx

 

well, its not statue barred, not much charges/PPi so I'm guessing itss their paperwork? no T&C's etc?

[lamb909]

well, its not statue barred, not much charges/PPi so I'm guessing itss their paperwork? no T&C's etc?

 

Soory, just trying to sort it out in my head, thanks for replying. When I saw the "agreement", I must admit I thought this can't be right! It doesn't look like one I have EVER seen before

[Bazooka Boo]

There you go then! Hence the "once in a lifetime discount"