HBOS Help Needed

[BRIGADIER2JCS]

Hi Brig,

Have PM'd you m8.

 

gchads

 

No probs>

[BRIGADIER2JCS]

Ok lets try to nail this.

 

 

To The Data Controller

HBOS

 

Ref: Request made under Sections 77/78 CCA 1974

 

Sir/Madam

 

I have received the documents purporting to be copies of the original credit agreements for the above mentioned accounts, how ever I do not believe these to be true copies of the actual original documents for the following reasons.

1. The terms and conditions appear to have been photocopied onto the back of a document and may well not be those applicable to that document and do not appear to be complete.

2. In the ''signature'' panels no dates are written in, such documents would clearly have been signed AND DATED at the same time.

3. The signatures on 2 of the 3 documents are very similar but the signature on the third document is unrecogniseable.

 

Therefore I cannot accept the banks claim that these are true copies of the original documents, and cannot acknowledge any debt to HBOS

 

The matter therefore is formally in dispute.

[gchads]

Hi Brig,

recieved my response to your template. They state that they have complied with the law and provided me the agreement.

 

gchads

 

 

[ATTACH=CONFIG]42051[/ATTACH]

[BRIGADIER2JCS]

They consider it complies with the request I still do not think it does.

Personally I would copy what you have received and list all that we feel is wrong with those documents and send it to the ICO for an opinion.

 

Brig.

[gchads]

Hi Brig,

Is there anyone on here that can make a good judgment on the CCA to see if it is Valid or not? Im just wondering if we are wasting or time on the enforceability route.

 

gchads

[BRIGADIER2JCS]

The ''agreement'' supplied is a reconstituted one it may just satisfy a section 77/78 CCA'74 request, it would be for a judge to decide if the document is viable or has no merit, obviously viewing the docs here and taking in your comments about cobbled together photocopies it is hard to decide.

The balance of probabilities that such an account existed and a liability still subsists is not unlikely eapecially if statements of useage and payments are available.

There are still doubts imo.