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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Halifax - I have a question...


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I initially sent my request for bank statements back on the 16th January this year. After two months of waiting I received my statements but had the period from September 2002 0 July 2004 missing from these statements.

 

It wasn't a simple case of some pages going astray there was a jump of nearly 2 years between lines on one of my statements. I sent of a letter requesting I be sent these missing statements as a matter of urgency.

 

In the meantime I calculated my charges on the statements I did have and got a total of £820. I sent a letter demanding this be repaid and received a letter almost 4 weeks later saying the would reimburse the full amount as a offer of goodwill.....blah blah blah. I accepted of course because my letter for repayment stated the claim was for the period I had statements for. money was paid into my account around 2 weeks ago.

 

At the same time I was battling hard to get my missing period statements from the bank. After the bank sent me 3 copies of my statements (each bundle containing 14 letters) all with the same "blip" in their statements I decided to phone. I spoke to about 6 different people who all said they would get me my statements. They never did materialise, and at some points I was being sent letters saying the account was closed on September 2002...........IT IS STILL OPEN TO THIS DAY how strange.

 

Anyway on Saturday I received a bundle of information in a different format from my statements that gave me a list of everything that has be done to my account. In this bundle I was able to extract the amount of charges i received over the Sept 2002 to Jul 2006 period. This totalled £710.

 

No my question is......will I have any problems claiming for this amount as it is the 2nd claim on the same account. Albeit for a different period?

 

Any advice will be gratefully appreciated.

 

Nuno

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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Hi Nuno.

 

I think your best course would be to contact the Financial Ombudsman Service.

Send them all the details and ask them to pursue the missing charges, on your behalf.

That way, you avoid the possibility of the claim being struck out for abuse of process, which some Scottish courts are doing with second claims on the same account.

 

Good luck.

Regards, Rooster.

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Cheers Rooster.

 

But what can the Ombusman do? Can they only advise they pay it back - they can't enforce can they?

 

Nuno

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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I would file another calim and if the court throws it out then I would complain that it would have been only one case if you had been given the statements you requested. If no luck then try the FOS. It also depends on what court you are dealing with. anyway good luck the bank may settle before court.

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When I say I have had a claim already. I mean I have sent aletter to the bank and they offered a full refund of the charges I had identified on the statements they had given me.

 

I havent taken any court action yet. Is this even better for me?

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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Hi Nuno, did you accept it as Full and Final settlement, if you did you may have a problem with the bank for the rest, they say that I did and they are refusing to repay the rest of my claim so I've went down the FOS route.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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If the bank have paid already and you accepted as WSM says as full and final payment its unlikely you'll get anywhere through the courts and i would strongly advise using the FOS, if they haven't paid then I would write again refusing this offer in respect of you receiving your missing statements and ask for the amount now owed telling them at the same time you intend to submit court action and give them 7 days to ammend their offer, if they dont then subit you claim to the county court.

 

Good luck :)

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What are the chances of getting anywhere through FOS, has it been known for people to get their money back this way also.?.

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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As far as I know the FOS have an excellent track record but it can take a little longer, however on the upside of using the FOS, if they were to lose you could still go through the court system, if you go through the court system first and lose then the FOS won't touch it

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Sounds very encouraging Jay

 

Thanks very much

 

M

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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  • 4 weeks later...
100% track record of getting these returned.

 

Hi there...sorry it took so long - what do you mean by 100% returned?

 

Even when they took so long to give my statements?

 

Nuno

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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Thats great news Bigmac thanks.

 

I t did seem very suspicious when I received the missing statements after receiving the money for the claim I first made.

 

Thanks again

Halifax Current Account - £90 won back (Feb 23rd)

Halifax Credit Card - Statement back £200 charged

Halifax Electron - Req.statements 15th Jan not arrived

Barclays - Ready to request statements

Capital One - About to request statements

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