HBoS being weird

[MonkeyLobster]

Hah hah hah! Yes, that's true.

 

I'm sending off a SAR for added ammunition, later today.

[MonkeyLobster]

Hi folks.

 

Just a quick update. I got the letter confirming the amount of the refund, but they are going to send me forms to sign for a new loan without the PPI. They also sent me a letter informing me I'd been charged £10 for them chasing me by phone!

 

I really hope they aren't naive enough to think that I'm going to let this slide. They're gonna have another thing coming if they think that just returning the money gets them off the hook.

[noomill060]

Dont sign anything- they want you to sign a new agreement because the crrent one is unenforceable BECAUSE of the PPI

 

Did I send you a sound file of a radio 4 interview with a leading consumer credit solicitor??

[rickyd]

mokeylobster - that's pretty incredible! I knew HOBOS were in the sh*te but charging you £10 for them telephoning you is a bit desperate isn't it?

 

Come to think of it, what a great way to make money. You call someone a few times and charge them £10 a go. With half a dozen staff calling , say 20 punters a day, 5 days a week, that's £6,000/week without having to sell anything.

 

I reckon that could be just what they need to get themselves out of public debt. With all the branches and customers they have it shouldn't take very long either - LOL!!

 

What a cheeky shower of crooks. Have you considered charging them for your phone calls?

[MonkeyLobster]

Hi there, thanks for the replies

 

I got the email with the interview, thanks noomill, and don't worry, there's not a chance in hell I'll be signing anything they send through!

 

I am certainly considering charging them for the calls, rickyd. It's just taking the p**s on so many levels!

[MonkeyLobster]

Hi again,

 

Sorry for the lack of info about my case. I had a huge problem with my flat I had to sort out, which is thankfully fixed now.

 

I have received the new agreement from HBOS, which I'm not sending back! I have managed to stop them phoning me, too, which is a relief.

 

I will get started on my LBA this week and let you guys check it out when I have finished it.

[MonkeyLobster]

Hi noomill,

 

I've PM'd you .

[MonkeyLobster]

Hi folks,

 

I've been getting bothered by HBOS calling me and sending letters chasing payments for the loan. They took a double payment from my bank account to get me up to date with payments on 31 Aug. I managed to get this refunded by going into the bank and speaking with the bank manager who, in turn, spoke to the collections department and got them to refund the cash to me, as I had stated I didn't want to make any more payments until this was all sorted out, although he said they might do it again as the account would be back in arrears. Given that they are in breach of contract, and if someone in their legal department actually looked at my agreement they would see this straight away, what right do they have to continue to take payments from me?

[MonkeyLobster]

D'oh!

 

Please ignore the above post. My brain wasn't fully engaged

[MonkeyLobster]

Hi there, sorry for the lack of updates, there just hasn't been anything for me to say.

 

I've just arrived back from work and received a letter back from HBOS stating that the loan is enforceable. I will scan this and put it up tomorrow. I immediately called them and asked to speak to the relevant manager, who had gone home for the day, so I requested a call back.

 

The juicy part of the letter states 'We consider that the loan agreement complies with the requirements of Part V of the Consumer Credit Act 1974 and the relevant regulations made pursuant to that Act, in particular the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) (as amended). It is denied that the agreement is defective as alleged or otherwise. The loan is valid and enforceable.'

[noomill060]

Stop phoning them, you will not get to speak with anyone higher up the food chain than the teaboy.

 

EVERYTHING IN WRITING.

[MonkeyLobster]

Cheers noomill,

 

Writing it shall be!

[rickyd]

I would open an account with another bank and move your funds too as they will keep trying to bring your loan account into balance, especially now they have decided it is "enforceable".

 

You have to remember that collections will be going on internal instructions coming from the decision factory above them. They will continue trying to take they payments they have been told to take.

[MonkeyLobster]

Hi Ricky,

 

Yes, I'm going to open another bank account today.

[MonkeyLobster]

Arf, arf

 

Just received the call back that I mentioned I was getting in a post above. The guy confirmed that, despite the final sounding tone of the part of the letter I quoted above, it was actually a holding letter and that they had referred it to their legal department, and this was after they had written that letter with that laughable sentence at the end.

 

I can't believe they sent that letter out without speaking to their legal team in the first place. What total morons.

[citizenB]

Hi there, sorry for the lack of updates, there just hasn't been anything for me to say.

 

I've just arrived back from work and received a letter back from HBOS stating that the loan is enforceable. I will scan this and put it up tomorrow. I immediately called them and asked to speak to the relevant manager, who had gone home for the day, so I requested a call back.

 

The juicy part of the letter states 'We consider that the loan agreement complies with the requirements of Part V of the Consumer Credit Act 1974 and the relevant regulations made pursuant to that Act, in particular the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) (as amended). It is denied that the agreement is defective as alleged or otherwise. The loan is valid and enforceable.'

 

 

Well, they would say that wouldnt they

 

It might be a good idea to remove all personal information and barcodes and let us see a copy of the agreement/whatever

[MonkeyLobster]

Hi folks,

 

I'm sorry I haven't posted anything for a few months. I had some nasty personal rubbish to deal with, and it's only now that I feel I can get this moving again.

 

I complained to the FOS about HBOS wanting me to sign another agreement, before they would release my funds, which they have no right to have, back to me, but the FOS came down on the side of HBOS, and said 'it was within their guidelines'.

 

I have started work on the POC, which noomill very kindly posted earlier in the thread, but I'm wondering whether or not I need to include the ruling by the FOS in the POC, as HBOS are sure to mention this when I raise my court action against them?

 

The agreement is available earlier in the thread, citizenB.

[citizenB]

Right, so the funds they wont release are the refund of the PPI, yes ?

 

In which case HBoS will expect you to sign a new agreement which will be minus any reference to PPI. This is correct. Sorry, probably not what you wanted to hear:(

[MonkeyLobster]

Hi citizenB,

 

Yes, that's right, although the issue now is whether or not the current agreement I have with HBOS is enforceable, although, as I mentioned, I am quite concerned that the FOS ruling would be brought up.

[citizenB]

Hi citizenB,

 

Yes, that's right, although the issue now is whether or not the current agreement I have with HBOS is enforceable, although, as I mentioned, I am quite concerned that the FOS ruling would be brought up.

 

They will most likely refer to the FOS decision, if it is in their favour, which it obviously is.

 

IMHO, if there is PPI attached to the agreement and it was mis sold then the agreement must by virtue of that be unenforceable.

 

By having you sign a new and restructured agreement, that would put your signature to a document that they will almost certainly ensure is compliant in every way.

 

I am not sure what you are trying to achieve.. Do you want to have a declaration that the agreement is unenforceable by virtue of the the mis sold ppi or do you want the refund.. I am not sure you can have both.

[MonkeyLobster]

Hi, folks.

 

I lost my job in October last year and so had to stop paying my loan with Halifax, as I didn't have any money apart from JSA. I kept getting text messages and phonecalls, which I didn't answer, as I've been stressed out not having a job, and I didn't want to speak to them. However, I realised I couldn't let this go on and so spoke with Blair, Oliver, Scott today, and they mentioned I had been defaulted (I understand they are part of HBOS), and this notice would be on my credit file. I came to an arrangement with the lady I spoke to to pay £20 a month back, but I'm wondering if there is any way to get the default lifted, given my circumstances. Would it help to write a letter explaining how I was feeling, etc? The reason I ask is because I have an interview for a job with a financial services firm, and they do a credit check.

 

Thanks in advance,

 

ML

[Fred Bassett]

Would it help to write a letter explaining how I was feeling, etc?

 

Nope. It will make no difference whatsoever. They don't care one iota about you - except if they can screw money out of you and it doesn't matter to them if you can afford it or not. They will not lift any default or do anything to help you until you pay them back every penny even if most of it is made up of unlawful charges etc. etc.

 

Halifax are, in my opinion, the very worst of all of the High Street banks to deal with in matters such as these.

 

My advice is to send them a CCA request which is a request for a copy of your regulated credit agreement. If you have had this account since before 2007 you may find that it is unenforceable, so send off the CCA request and see what happens. You can find a template letter here: http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner - you need letter N. Use a postal order and don't sign the letter, just use an electronic signature. Once you have a response, post it up here (remove personal details, barcodes etc.) and take it from there.

 

Regards.

 

Fred

[Stigman]

 

as I didn't have any money apart from JSA

 

I came to an arrangement with the lady I spoke to to pay £20 a month back

 

Hi ML,

 

As Fred Bassett says, send a CCA request.

 

If your only income is JSA, then drop the payments to £1 per calender month.

 

Stigman

[brokebutnotbeatn]

Ditto all the above.

[oldagehappens]

Just out of interest, what if your current account is with Halifax?

 

I have an outstanding loan with BO&S to which I make monthly payments, they keep writing to me about increasing the payments, which I cant do as lost my job last year so my earning is up and down.

 

Our mortgage is with Halifax and the current account. My understanding is that BO&S are the inhouse teams so have access to my current account.