HBOS CCA Response Query

[ncf355]

Re: HBOS CCA Response Query

I would caveat the above -

You need to be aware that just because they cannot enforce the debt in court, doesnt mean it wont exist

Therefore, they can still send nasty letters and make phone calls, or pass to external DCA's - but that's about it

It comes down to how willing you are to ignore them

[DJM10118]

Re: HBOS CCA Response Query

Hi,

I appreciate it will still exist whilst being UE. If I am within the law to withhold payments then they can huff and puff all they like. I suppose I could send a harassment letter should they become what I would consider unacceptable. I guess it would then need to be rode out until SB? I have been in touch with most of my creditors over the years to accept F&F offers but they are all holding out for at least 70% which IMO was too much, I guess they should have accepted when they could:tinysmile_twink_t2:

The account is already with the "in house" dca so could they pass it on further. If so I assume no default could be added by the dca opposed to the one already starting in 2009?


Thanks again

[DJM10118]

Re: HBOS CCA Response Query

Could they not suggest that by "common practice" the PT showing Apr etc were given to me at the time of signing the CCA therefore still enforceable. Halifax have clearly stated in their letter that in their opinion the matter is now closed and will not discuss with me.

NCF could you comment on the above as I'm sure I have read that certain judgements have used what is deemed "common practice" and witness statements from the bank that the PT were supplied at the time of execution. Are you aware of any cases like this?

[ncf355]

Re: HBOS CCA Response Query

For them to be able to take this approach, they would have to show a clear link between the signature pagge and the terms they allege applied at the time

I think they'd struggle with that

[ncf355]

Re: HBOS CCA Response Query

See HERE

Issue 6 on that page

[ncf355]

Re: HBOS CCA Response Query

Sorry, Issue 5

[DJM10118]

Re: HBOS CCA Response Query

Thanks NCF

I have sent the non-compliance letter to them today so I guess we will see what happens from here. I have also cancelled the payment but put the funds in a holding account just in case

[DJM10118]

Re: HBOS CCA Response Query

Update - Help required.

A couple of months ago I sent a letter to HBOS stipulating that the CCA did not comply with regulations hence I stopped payments on this accounts. see previous posts

Since then I have received a few letters saying they hadn't received payment and to contact them to discuss. I resent a letter to confirm that the debt was UE due to non-compliance. HBOS came back and said that the t&c would have been attached to the form therefore the debt is still owed.

I have been working away and this week I received a letter saying that the may commence legal action via CCJ, Warrant of execution etc.

Could any let me know what I need to do going forward?

[ncf355]

Re: HBOS CCA Response Query

Did you send them the template letter as I gave it to you in Post 15, dated 21st February?

If so:

Well,

you could send a CPR18 request for further information

Basically, by stating they have an intention to take it to court they have opened themselves up to a CPR18 request

You would use this to get:

Copy of original agreement plus terms relevant at the time of opening

Any amended terms and the date upon which they took force

All statements for the life of the agreement showing how the balance they claim has been reached


A copy of any Default notice under S87 of the CCA 74' they allege to have sent

[ncf355]

Re: HBOS CCA Response Query

See HERE for info on CPR 18

And HERE for further information on its purpose

You will see that technically this is for once a claim has been issued, but this will wet set them on warning you wouldn't be a pushover

[ncf355]

Re: HBOS CCA Response Query

The MAY is normally key here, but best to be prepared

[FlamingParrot]

Re: HBOS CCA Response Query

Update - Help required.

A couple of months ago I sent a letter to HBOS stipulating that the CCA did not comply with regulations hence I stopped payments on this accounts. see previous posts

Since then I have received a few letters saying they hadn't received payment and to contact them to discuss. I resent a letter to confirm that the debt was UE due to non-compliance. HBOS came back and said that the t&c would have been attached to the form therefore the debt is still owed.

I have been working away and this week I received a letter saying that the may commence legal action via CCJ, Warrant of execution etc.

Could any let me know what I need to do going forward?

WHO was the letter from? Was it from a firm of solicitors? Could you remove your personal details and post up the letter here? We need to find out whether it's a generic template threat-o-gram or a letter before action of sorts. :typing:

[DJM10118]

Re: HBOS CCA Response Query

Cheers NCF

Yes I sent the letter as advised. They did respond by sending me the same copy of the application form. I responded with a similar letter and referring to my original letter. I also resent a further copy of the same letter when they sent me a chase letter.

They have already sent me a recon copy of the terms in response to my CCA request. They did say in their letter that the t&c would have been attached to the application form at the time of signing???

Should I play the waiting game or respond with the CPR request. The letter they sent only states "we MAY" do this or that.

[DJM10118]

Re: HBOS CCA Response Query

Sorry NCF and FP just seen the two additional posts. I will scan it in for your to cast your eye over

Looks like a threat o gram as they say we "may" do this or that - blah blah

[DJM10118]

Re: HBOS CCA Response Query

Here we go!