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Guest alan703

Do you have an HBOS default? please read

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Guest alan703

Hello,

 

I am looking for anyone with a default on their credit file, made by HBOS PLC to help me.

 

I am in the process of taking HBOS PLC to court over credit card penalty charges.

 

The second hearing is on the 19/11/12, when it will be decided by the judge if the Prescription and Limitations Act Scotland 1973 will allow me to continue.

 

Should I be allowed to continue, HBOS PLC will next argue that the DEFAULT Charges are not DEFAULT CHARGES, they are a CHARGE FOR A SERVICE PROVIDED BY HBOS. That would mean they are outwih the test of fairness rules.

 

The Office of Fair Trading, document OFT842 section states

 

Disguised penalties

4.21 The analysis in this statement is in terms of explicit, transparent default fees. Attempts to restructure accounts in order to present events of default spuriously as additional services for which a charge may be made should be viewed as disguised penalties and equally open to challenge where grounds of unfairness exist.12 (For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.) The UTCCRs are concerned with the intention and effects of terms, not just their mechanism.

 

 

What I am looking for is anyone with a default marked on their credit file by HBOS PLC, who is willing to supply me

 

1. A copy of their terms and conditions,

2. A copy of their statements for the months defaulted (only those showing on the credit file)

3. A copy of their credit file

 

OBVIOUSLY ALL PERSONAL AND IRRELEVANT INFORMATION BLANKED.

 

I only want enough information, to be able to demonstrate to the court, that the charge for a "Service" corresponds with a default being marked against a credit file. Further proving that the "service" charge is infact a disguised DEFAULT penalty.

 

I cannot use my own credit file, as it is too far back to check. I do have a copy of my Experian report from that time, but it doesn't seem to be on it. I assume that means either they don't do credit reporting, or they report to Equifax or Call Credit.

 

I can work with the current terms and conditions because they say, we will "charge you if....."

 

Further down it says they will charge you if they need to send someone to your house if you break the agreement

You risk losing your house if you break the agreement

 

How is it possible to break the agreement?

If you don't pay every month, they charge you £12 every month (for a service)

 

That sounds ridiculous I know, but no more ridiculous than the bank saying a default charge is a service charge. Im sure HBOS would say it was default charges if they had to take you to court to get their money back.

 

So, if anyone is willing to help, please get in touch.

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Guest alan703

Halifax Credit Card Terms and Conditions

 

1.6 You must also pay the following charges.

• £25.00 each time you do not make a minimum payment by the payment date.

• £25.00 if your account balance is over your credit limit on your statement.

• £20.00 each time a direct debit, cheque or other item is not paid, including a cheque which you write

We may change these and introduce new charges at any time by giving you notice under condition 8.2.

 

 

7. Breaking the agreement and if you die.

If the agreement is broken, we will charge you for any loss, costs or expenses we have to pay as a result. You must pay us immediately any amount you owe that is more than your credit limit and the amount of any transaction that breaks the agreement. We may ask for immediate payment of the full amount you owe if:

• You break this agreement repeatedly or in any significant way

• You die

• You have told us something misleading or false; or

• You are in financial difficulties (for example, you are likely to be made bankrupt).

We will follow the correct legal requirements

 

 

Maybe I don't need it - the terms and conditions say it all.

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they are PENALTY charges

 

and under OFT/FSA rules are unlawful.

 

dx


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