wescot .please help

[TideTurner]

GM, what is interesting is that I believe the company has been through several name changes, and these are not showing up on Companies House.

 

Can't remember if I included these in previous posts on this thread.

[Sparkie1723]

Hi Tide & GM,

The way I see the argument about repaying the monies, I believe that it will only be possible to claim the actual money you have paid and if you have also paid ALL or any of the charges. You can also claim those If the account bal still contains charges you have not paid then you cannot claim those back...if you follow what I mean.

I will post the letter I have sent HBOS regarding my request for the money I've paid to be returned on this thread later....I do not intend to hi jack this thread but will give everyone my argument......if it suceeds brilliant not just for me but will be a lever for everyone.

 

You will note that I am only asking for my money back no interest ......just the money I have paid ..but I'm also asking for compensation for damage for the unlawfull default enterd on my credit file.

 

sparkie

[Sparkie1723]

This is my argument in full;

1….If someone makes a “gift” to someone, the person who receives the “gift” does not expect to be made to repay/return that said “gift” be it money or any other item of value, such as expensive jewellery, property or any other benefit.

 

2….The person who makes the “gift” does not and cannot expect the gift to be returned, in fact some people take offence should the “gift “ be returned or refused, or an attempt is made to return it.

 

3….When a Bank or Financial Institution makes a “mistake” or “error” and take money such as overpayments penalty charges and other fees and charges they never admit it , but they offer the return of the monies take by mistake as “ a gesture of goodwill” I am sure lots of members have had this saying quoted to them.

A “gesture of goodwill” is a “gift” in appeasement for the wrongdoing of taking the money by mistake. That is not considered “unjust enrichment” it is a “gift”.

 

I have already made the Exec office of the HBOS aware of the cases I rely on Wilson And Hurstanger plus a couple of others...so here is the letter I have sent claiming the money back, have to wait and see their reply

16th August 2008

 

To and for the Personal Attention of

Jayne Dungan

Executive Office HBOS

Trinity RoadHalifax

HX 2 RG

 

Reference Unlawfully supplied information to CRA’s By HBOS

 

Your Ref 363628120

 

Dear Miss/Mrs Dungham,

 

I have been advised by Callcredit that the default entry made by HBOS has now been removed, as this was only actioned 5 days after HBOS had confirmed to Callcredit that the entry was correct and lawfully supplied, I contacted Callcredit to ask if Callcredit had removed it.

They advised me to contact HBOS, this I did and spoke to a Mr Grundy in credit control I believe the department was called.

 

After explaining that I wished to know who had removed this entry, on checking his computer system advised that he could see it was being dealt with at executive level i.e your office, however he told me he would make further enquires, and would call me back before the close of business that day.

This he did, and he informed me that it had been removed by your card services department.

 

It is abundantly clear that HBOS realised that they were absolutely wrong by maintaining this default on my credit file. The swift action and removal of the entry is admission of that wrong.

I will not repeat all I have stated to you, as to my position as far as the law is concerned, and I certainly will not enter into prolonged delaying letters back and forth to HBOS.

 

HBOS ( Your Office) now being aware if the facts, I put to you the following.

I attach a list of the monies I have paid under this “ alleged” agreement which HBOS attempted to force me to accept and even tried to force me to accept three different versions of at one time none of them signed, ( and improperly executed).

I suggest;

1…That these monies listed be repaid. Total of £ 1273.90

 

2…The balance remaining under the “alleged” agreement after the deduction of this sum be written off.

 

3…HBOS pay me a respectable sum of compensation for the damage and distress this unlawful entry has caused both me and my partner, and for the misreprestative statements made to Callcredit by stating that the entry was correct and accurate, and the maintaining of this default for over 18 mths.

 

4…That HBOS write a letter signed by an executive of HBOS apologising for all these errors.

 

I have the sum of £8000 in mind for full and final settlement of my Claim no more and no less. I do not wish to enter into any negation about this sum, and will not do so.

 

Should you not consider that you have no obligation to do any of these and I do not receive your offer within 21 days from the receipt of this letter, being sent by recorded delivery, I shall commence action in the County Court to obtain these four points, with an addition to the amount paid shown in the attached list of payments made to accrue interest at HBOS card contract interest rate, from the date of this letter until paid.

 

I am confident that I will succeed in any action and that the Court will order damages far in excess of what I am willing to accept now. I have made you aware of the case law to support my claim for damages.

 

I look forward to ending this dispute in a speedy fashion but it is only HBOS that can achieve this result.

 

I look forward to your acceptance of my proposals.

 

 

Yours sincerely.

 

 

sparkie

 

Date payment Made Amount Paid

 

07.06.2005 £168.90

21.06.2005 £100.00

04.07.2005 £ 75.00

20.07.2005 £100.00

05.08.2005 £ 75.00

10.08.2005 £ 50.00

18.08 2005 £ 50.00

25.08.2005 £ 25.00

31.08.2005 £ 50.00

07.09.2005 £ 25.00

08.09.2005 £ 35.00

14.09.2005 £ 35.00

27.09.2005 £ 35.00

06.10.2005 £ 50.00

18.10.2005 £ 35.00

25.10.2005 £ 25.00

11.11.2005 £ 50.00

24.11.2005 £ 25.00

08.12.2005 £ 50.00

14.12.2005 £ 45.00

22.12.2005 £ 35.00

09.01.2006 £ 50.00

30.01 2006 £ 75.00

 

 

Total amount paid £ 1273.90