National Hunt Credit Card/Bank One now HBOS - eversheds SD

[airtomoreira]

Please ignore my post No.45, I'm talking out of my a**e. Just read the newspaper article again, Halifax took over Bank One in 2000, not 2004, so back to square one on the conspiracy theory!

 

Guess I'm looking for someone to tell me the CC agreement is unenforceable (see post 42), or if not, advise me what do I do now / do I just wait until notification of court hearing arrives in the post?

[airtomoreira]

Bump

[airtomoreira]

I have received the following letter today from Eversheds Solicitors:

 

We act for the above named who instruct us you owe the sum of £xxxx.xx

 

You have previously received notice pursuant to the Law of Property Act 1925 that our client obtained the debt by way of assignment from under account number 4049xxxxxxxxxxxxxx

 

You have failed to make payment as requested and / or you have refused the same. Our client is no longer prepared to tolerate your failure to pay the debt and we have been instructed to issue procedings against you in the County Court unless you pay the sum of £xxxx.xx within 10 days of the date of this letter.

 

From the information currently available, our client is confident of obtaining a judgement order against you (it is not believed that you have a legitimate defence or at all) in the sum of £xxxx.xx plus court fees and solicitors costs. In the circumstances, you should be aware of the methods of enforcement available to our client uopn the making of a judgement order against you, as follows:

 

WARRANT OF EXECUTION

 

This will include county court bailiffs attending your home to remove your goods for sale at public auction. You should be aware that the costs of sale and legal costs will be added to the debt. The actual price obtained on sale of the goods will fall far short of that which you paid when new. As a result a large amount of goods may be removed to cover a moderate debt.

 

CHARGING ORDER

 

A charging against your property will be requested from the con=unty court. Such a chagre will be granted against property you jointly own with another (wife / husband etc). They (wife / husband etc) will be served with the court documents. If granted and you still refuse to pay the debt it is possible for your property to be sold and your share of the proceeds used to pay your debt. Please note your property would be sold to the best available bid and may bot achieve the value you place uopn it.

 

ATTACHNENT OF EARNINGS ORDER

 

This is an order which allows money to pay your debt to be deducted by the county court from your wages. Obviously the county court documentation would be served upon your employer and they would be ordered to deduct the money before making payment to you.

 

THIRD PARTY ORDER

 

It is possible to obtain a county court order requiring your bank or building society or some other person / body holding funds on your behalf, to make payment of such funds (no greater than the debt amount) to Banl of Scotland Plc. Again the county court documents would be served upon the person / body holding funds

 

EXAMINATION OF DEBTOR

 

Application can be made to the county court for an order requiring that you attend to be cross examined as to your income, expenditure and assets. You will be required to produce all documentary evidence available, including bank statements, wage slips, car and property details. The purpose is to allow a decision to be made as to the best method of enforcement of the debt. Failure to attend sourt would result in an order being made for contempt. This can have very serious consequences

 

You still have an opportunity to deal with the debt and make arrangement to pay. Court proceedings will not be issued for 10 days.

 

_______________________________________________________________

 

The background to this is as follows:

 

This relates to a CC taken out in 1999 with Bank One International - subsequently bought out by Halifax (presumably this is what is referred to by the reference to the Law of Property Act 1925 - do I have the right to ask for production of a copy of the notice that was supposedly sent to me?)

 

I ran a thread in Oct / Nov last year, concerning a series of demand letters and phone calls from Eversheds. I requested a copy of the original agreement (CCA letter), and received what looks to be a copy that would be valid in court. For the purposes of replies to this thread, let's assume that it is a valid copy. I have however had very little contact with anyone on this matter for the last two months, before the above letter arrived today.

 

My questions now are:

 

1) How, if at all, do I respond to this letter (given that I am in no position to pay off the outstanding sum) Do I wait for the 10 days to pass, following which I may or may not receive some official papers regarding a court hearing?

 

2) If they do proceed with this, presumably there will be a period of time between me being advised of the date of a hearing, and the hearing itself, in order for me to compile a defence? How long is that period, please?

 

3) What really p****s me off about all this is that I have been making regular, albeit small payments off this debt every month, without fail, for the past 4 or 5 years. At no time have I been asked if I could afford to increase payments (which I probably could). I am now receiving demands for the whole amount, no compromise possible. In court proceedings, would this lack of negotiation on the part of the Bank be in any way to my advantage - could the judge in effect throw out the request for a judgement, and order that an increased monthly amount be agreed upon? (probably not, but it's worth asking the question.....)

 

Any advice that any of you experts out there can give me would be greatly appreciated

[PGH7447]

Have you requested a CCA from the DCA yet?

 

the letter from ever****e looks like a standard threat-o-gram at the moment full of coulds and mays

[Von Greenbach]

Usual threat - o - grams from Ever&ever

 

have you received a default notice?

[airtomoreira]

Yes, as mantioned in my main post, I have what looks like a valid CCA agreement which has been sent to me 9lets auume for the purpose of this thread that it is valid). Also, there are no "mighs, coulds, maybes" in this letter. It does look somewhat more like "the real deal" than previous letters

[airtomoreira]

sorry, awful typing.... (lets assume for the purpose of this thread that it is valid)

[mr.ton]

Standard threatogram nonsense..not worth the paper its printed on.

Just designed to sound more scary than what it is

Unless they take you through the court system then they have no legal powers whatsoever.

Its for you & a court to decide what will happen - not them.

I laugh at the way they say "you have no legitimate defence" - have they not heard of legal rights in this country?

It will cost them money to take you to court so let them bring it on i say...will all be worth the while when the threat monkeys just get back £1 per month after all essential outgoings are taken into account

[airtomoreira]

VG, sorry to be thick, but does a Default Notice take any particular format (ie does the letter have to be headed "Default Notice", for example). I've had lots of threat o grams since Oct 2008, but nothing that I can see with these words on. I may however have had a default notice served on me when I couldn't keep up the payments on the original card, this would be maybe 5 years ago. I'm sure Halifax would have sent me such a letter (but I haven't got it) Does that count as a Default Letter in these circumstances, and what's the significance of me having or not having received one?

[Von Greenbach]

It should state this is a default notice served under section 87 (1) of CCA 1974

 

They should issue a DN prior to taking any legal action.

[PGH7447]

your post regarding the agreement

 

My personal details, usual stuff.

2) Headed Up "National Hunt Credit Card, it's easy to apply" Therefore on the face of it, an application form, but

3) Also has a section headed "Credit Agreement Regulated by the Consumer Credit Act 1974", stating the parties to the agreement, authorising a credit reference check, as well as the final sentence, which reads "I have read and agree to be bound by the Conditions set out overleaf. I conffirm that all information provided by me is true and complete and that I am over 18 years of age"

4) Underneath, there is a box for my signature, where it says "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms" My signature appears there, as well as the date

5) Final box on the front says "Your right to cancel. Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by Bank One International"

6) The only signature other than mine anywhere on the form appears on this side, under a Received stamp dated a week after the date by my signature. It would appear that this is no more than confirmation from someone that they have processed the form, it's certainly not accompanied by any statement such as "accepted on behalf of the Bank", or anything like that.

 

From reading this I would hazard a guess that it is an application form and does not conform, but without actually seeing it cant really comment.

 

still say eversh*tes leter is a standard threat-o-gram and with you making payments to this account anyway they would look pretty stupid in front of a judge

[airtomoreira]

No, I haven't had anything like that since I started receiving letters from Eversheds in Oct 2008. However, as I said before, I may well have had a Default from Halifax 4 or 5 years ago, would that still be valid now?

[Von Greenbach]

I doubt a DN form 5 years ago would be much use today

 

You could SAR them and see what turns up.

[Gazza112]

Subbing to this thread

[airtomoreira]

Anyone else got any thoughts on my situation? (sorry about the long rambling initial post).

 

I'm particularly interested to get some feedback about my question 3) at the end of the original posting. As discussed with Von Greenbach, the only default on this account would have been issued about 5 years ago, by the OC. Since then I have made a payment every month.

[airtomoreira]

I have just had a Statutory Demand under section 268 (1) (a) Insolvency Act 1986 served on me by hand (which I understand is potentially to be taken more seriously than if it were posted)

 

Can someone answer the following for me

 

1) The Particulars of Debt state that....."a default Notice has been served in accordance with Section 87 of the Act and has not been complied with". I have no record (certainly not within the last few years) of receiving a Default Notice. There may have been one issued about 6 years ago, when I fell into arrears on the credit card debt, but since then I have been making regular small monthly payments off the balance, to a DCA. I have not once missed a payment, and have never been asked to increase my monthly payments. I have had various threatograms since Oct 2008 demanding full repayment, with no offer of increased monthly payments. Can this old Default Notice be relied upon for the purpose of satisfying the requirements of S87? If a more recent Default Notice has supposedly been issued (maybe by the threatogram solicitors) of which I am unaware, is this recorded anywhere (on my credit file for example?)

 

2) Why would a Solicitor issue an SD, with the threat of Bankruptcy, rather than try to obtain a CCJ? No attempt has been made to go down the CCJ route.

 

3) The Creditor serving the demand is Bank of Scotland. The credit card was originally issued by Bank One International in 1999, which was then bought by Halifax, which subsequently became part of the HBOS Group.

a) Should the creditor therefore not be HBOS, rather than Bank of Scotland, and b) Part C of the Form is "for completion if the creditor is entitled to the debt by way of assignment" There are no details of the original creditor or any assignees. Should this section not contain details of assignments of the debt between the Banks mentioned above?

 

Hoping you can help!

[airtomoreira]

I have just had a Statutory Demand under section 268 (1) (a) Insolvency Act 1986 served on me by hand (which I understand is potentially to be taken more seriously than if it were posted)

 

Can someone answer the following for me

 

1) The Particulars of Debt state that....."a default Notice has been served in accordance with Section 87 of the Act and has not been complied with". I have no record (certainly not within the last few years) of receiving a Default Notice. There may have been one issued about 6 years ago, when I fell into arrears on the credit card debt, but since then I have been making regular small monthly payments off the balance, to a DCA. I have not once missed a payment, and have never been asked to increase my monthly payments. I have had various threatograms since Oct 2008 demanding full repayment, with no offer of increased monthly payments. Can this old Default Notice be relied upon for the purpose of satisfying the requirements of S87? If a more recent Default Notice has supposedly been issued (maybe by the threatogram solicitors) of which I am unaware, is this recorded anywhere (on my credit file for example?)

 

2) Why would a Solicitor issue an SD, with the threat of Bankruptcy, rather than try to obtain a CCJ? No attempt has been made to go down the CCJ route.

 

3) The Creditor serving the demand is Bank of Scotland. The credit card was originally issued by Bank One International in 1999, which was then bought by Halifax, which subsequently became part of the HBOS Group.

a) Should the creditor therefore not be HBOS, rather than Bank of Scotland, and b) Part C of the Form is "for completion if the creditor is entitled to the debt by way of assignment" There are no details of the original creditor or any assignees. Should this section not contain details of assignments of the debt between the Banks mentioned above?

 

Hoping you can help!

[worried parent]

Someone will be alone to help. Just hang on.

[tendogs]

Easy for me to say but it's going to be OK. This might not have been sent by a solicitor; although they look formal anyone can send one of these things. There has been an increase in their use as a debt collecting tool and the vast; I mean the vast majority come to nothing. You must NOT be complacent about it but you have 18 days to sort it out and we can help. I'm just going to find some threads for you to read and I'll be back

[westendwendy]

There is a sticky here that may help you:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

Also, if you find posts by 42man, he knows a great deal about setting aside a SD.

[airtomoreira]

Tendogs, it HAS been sent by a Solicitor, Eversheds. They have been sending various letters over the past 4 months threatening CCJ's doorstep visits etc.

[tendogs]

Have a read of this: - http://www.consumeractiongroup.co.uk/forum/legal-issues/186660-vertex-data-science-ltd.html it's quite long and isn't quite the same as yours but it'll give you a deal of information. I'll look in tomorrow and if you need me just yell.

[tendogs]

How much is the debt for? (not the exact amount)

[tendogs]

The OFT is also unhappy about Stat Demands being used in this way have a look at this: - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

[tendogs]

Are you THAT percussionist?