Help needed with BoS credit card agreement

[the_shadow]

Thank you for this Shadow, it is very much appreciated.

OH is now off sick from work due to the worry& stress of all this, his doctor is very concerned. It has really taken a toll on his health, I've never ever seen him in this state, no matter what life has thrown at us and believe me we've had more than most to deal with over the years. I'll get the defence ready on file, it can then be amended, if necessary, before it's due date. I can't see him being able to attend court with his health problems.

 

Thank you once again, I'll keep posting as & when things happen

 

regards

MM

 

sorry to hear this MM, Have you tried to see if you qualify for legal aid or pro-bono help from a solicitor?

 

S.

[mooiismum]

Approached CAB who were not very helpful, we've had some advice off a solicitor, but they weren't versed on consumer credit matters, plus it's difficult for me to get out and about by myself. He's too ill to help me to help him so I'm not getting the help I need, so this is making my health problems worse (are you confused yet, cos I am ). Anyway I'll try and sort something out, I've just got to keep going for his sake.

 

Regards

MM

Edited September 29, 2009 by mooiismum
Typo due to lack of caffeine

[Bazooka Boo]

Try not to be too despondent about all this, it would wear the fittest of people down, least of all you and your OH.

 

The sense of relief once all this is over will, hopefully, be immense and worth it.

 

The only real other option open is to admit defeat from these bullies and pay whatever figure they pluck out of the Air:-x

 

I am, touch wood, fortunate that the DCA's and the bank have been very quiet for a couple of years, occasionally they will send the odd letter to my mothers address, which get shoved straight back in the post:D

And having learnt a fantastic amount of knowledge from this site, I know that it has surprisingly been bought by a DCA who is known for chasing unenforceable debts:p

 

I really find it incredible that CAB have let you down so badly, and that your unable to get any real proper legal advice:mad:

 

Consumer Direct - Debt counselling

 

Your Legal Rights

 

Don't know if you can get any help from the above two links?

 

This isn't important by any stretch of the imagination, your health is the most important thing to be concerned about. Not some corrupt bank that has almost brought the country to its knees:-x

[mooiismum]

Hi Boo

I totally agree with everything you say. All caggers and others are mostly in debt because of bad banking pratices and all of us are being made to pay the price, hence the hike in interest rates on credit cards etc. Why should the people of this country have to bale the banks out. they are the ones who should be apologising to us and tugging at their forelocks frequently.

Many thanks for the links will take a look.

 

Regards

MM

[mooiismum]

Recent update

Embarrassed defence submitted to Court last week, they've confirmed receipt and passed on to HBOS. No reply from HBOS to CPR letter, awaiting further developements.

 

MM

[the_shadow]

Ok MM,

 

There are a number of ways this could go at present, the other side could just file their Allocation Questionnaire which they will receive with your defence or another possibility is they could file for a summary judgment and you need to be aware of this.

 

If they file a SJ application then you will get a copy either from the solicitor or the court which will basically say the judge requires a hearing to see if the defence should be struck out and the claim receive judgement. They will say the defence is weak and has no real chance of succeding.

 

Of course this is batcrap as they havent provided the evidence that you need to defend the case so if they try this then we'll give you more information to help counter the SJ application.

 

I didnt want you to possibly receive it in the post and if like me go into a panic so thought I'd better pre-warn you.

 

S.

[the_shadow]

P.S. hope everything else is ok

 

S.

[mooiismum]

Ok MM,

 

There are a number of ways this could go at present, the other side could just file their Allocation Questionnaire which they will receive with your defence or another possibility is they could file for a summary judgment and you need to be aware of this.

 

If they file a SJ application then you will get a copy either from the solicitor or the court which will basically say the judge requires a hearing to see if the defence should be struck out and the claim receive judgement. They will say the defence is weak and has no real chance of succeding.

 

Of course this is batcrap as they havent provided the evidence that you need to defend the case so if they try this then we'll give you more information to help counter the SJ application.

 

I didnt want you to possibly receive it in the post and if like me go into a panic so thought I'd better pre-warn you.

 

S.

 

Thank you S for alerting me to this. I thought there could be an ulterior motive to them not replying to the CPR. So if he gets a SJ copy I will definetly be back on for more help. Thank you. Hope you're ok.

 

MM

[the_shadow]

Fine thanks. take care.

 

S.

[Delfi101]

I've been going through this kind of nonsense with three different 'creditors' for nearly 3 years now. One of these (see the successes section) has backed down and discontinued. One (also in successes) sold the debt to a well known DCA who then tried to bankrupt me through a Statutory Demand, lost (we got costs) and is now being sued for crapping on my credit record. A third sold the alleged debt on to some DCA cretins who are pushing this all the way via a well known bunch of solicitors (who, incidentally, are not as smart as they think).

 

At every stage, with every one of these gits, they have tried every trick in the book. They don't recognise CPR at all and try every means to unduly apply pressure. Their whole game is to fight dirty. If you allow this to get to you then they are winning. Simply put - don't let them pressure you!

 

In the first case I was a LiP (Litigant in Person) with the help of folks on this site. In the latter cases I've engaged specialist solicitors to deal with these parasites for me on a 'no win no fee' basis. Even if there is a 'win' the fee is a costs and not a personal issue for me. They get to pay for their loss.

 

I can't go into much detail about this but when we win I promise I'll post all of the details up as usual.

 

Chin up - and PLEASE don't allow them to pressure you into hurting your health. I know that sounds easy to say but I have been there (am there right now in fact) and I focus what they try to do into anger & downright belligerence against them.

 

All they're talking about is arbitrary numbers until a court decides otherwise. Is it really worth making yourself ill over numbers?

 

All the best,

 

D

[mooiismum]

I've been going through this kind of nonsense with three different 'creditors' for nearly 3 years now. One of these (see the successes section) has backed down and discontinued. One (also in successes) sold the debt to a well known DCA who then tried to bankrupt me through a Statutory Demand, lost (we got costs) and is now being sued for crapping on my credit record. A third sold the alleged debt on to some DCA cretins who are pushing this all the way via a well known bunch of solicitors (who, incidentally, are not as smart as they think).

 

At every stage, with every one of these gits, they have tried every trick in the book. They don't recognise CPR at all and try every means to unduly apply pressure. Their whole game is to fight dirty. If you allow this to get to you then they are winning. Simply put - don't let them pressure you!

 

In the first case I was a LiP (Litigant in Person) with the help of folks on this site. In the latter cases I've engaged specialist solicitors to deal with these parasites for me on a 'no win no fee' basis. Even if there is a 'win' the fee is a costs and not a personal issue for me. They get to pay for their loss.

 

I can't go into much detail about this but when we win I promise I'll post all of the details up as usual.

 

Chin up - and PLEASE don't allow them to pressure you into hurting your health. I know that sounds easy to say but I have been there (am there right now in fact) and I focus what they try to do into anger & downright belligerence against them.

 

All they're talking about is arbitrary numbers until a court decides otherwise. Is it really worth making yourself ill over numbers?

 

All the best,

 

D

 

Thank you D for taking the time to post this information.

All you caggers are worth your weight in gold, with regards to the support and help we've been given so far. I'll post again when the next instalment appears in the letterbox.

 

MM

[Delfi101]

You have a lot of people on your side - never lose sight of that.

 

Those of us that have faced this nastiness really do understand what you're going through and, trust me, it's not as bad as it seems.

 

All that they do initially is threaten bad things (to honest people) anonymously. The whole process takes ages and with the guidance of the good folks on this board you'll get through it.

 

Don't let these cynical b'stards govern and ruin your life. Look at what they allege you owe and balance that against the time that you could spend worrying about their empty threats. Is it worth the worry? The answer is obvious but the enemy play on the short term fears of honest people. Don't fall into their evil trap and, in military parlance, tell them to Foxtrot Oscar

 

Cheers,

 

D.

[mooiismum]

Hi D

 

thank for this, It's made me giggle.

When everything is weighed up all creditors get much more than anyone borrows in interest rates alone.

Why doesn't the Government help ordinary folk who've been lured into debt by bad lending and cap interest rates for borrowers. Afterall if savers are getting as little as 0.10% on savings why should people be charged as much as 32.9% on credit card balances, it's outrageous and scandalous.

Everyone in this country is already paying for the bad practices by banks and their bad management, and why should we? It's time the Govenment helped out the voters and taxpayers.

 

MM

Edited October 16, 2009 by mooiismum
Dyslexic thumbs

[Delfi101]

Just play the game by the rules and lose the worry It takes a long time to get anywhere and you can be sure that they'll try to cheat, obfuscate and lie at every stage. Just document the lot, play it straight and complain where necessary.

 

And remember, the longer the game runs the more frustrated these morons get. Take joy in that It gets quite interesting and enjoyable in the longer term. Really!!!

 

I have a couple of great ongoing cases that I can't discuss for now. Hopefully 2010 will see a resolution or two and then we can all have a good laugh at the idiots' expense. It's quite amazing how low these cretins and their solicitors will attempt to go.

 

D

[mooiismum]

OH has kept everything they've sent, & everything written or said is true fact, the information received off members of this site has been tremdendous & uplifted our spirits no end, so if these lenders want to lie then I'm sure the law will catch them out eventually and bring them to their knees. As the saying goes - The bigger they are the harder they'll fall.

 

MM

 

MM

[Bazooka Boo]

As well as the saying 'The fatter they are, the more they want to eat' it's not really a saying, I just made it up, but it sounded good, although;

 

"When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile"

 

©Boo;)

[mooiismum]

Hiya Boo

Hope you're ok. I like your saying, very clever - I'll save it for future use & it made me laugh. I'll keep posting as things develope, I hope you have a good weekend, take care.

 

MM

[mooiismum]

Here's an update so all who have kindly given advice will know what's going on. Court papers were filed then after some excellent advice from delfi101 we were put in touch with a solicitor, who has taken the case on for us, it is such a relief to know that this is now in the hands of someone who can deal with this, it has taken a load of

worry off our shoulders. Will keep updating the thread as things progress.

 

MM

[mooiismum]

Following some excellent work done by our Solicitor and taking their advice, HBOS have decided to discontinue with the County Court action. Just shows that with help from CAG and it's members, being pointed in the right direction and not backing down, we live to fight another day! We can't thank you all enough who responded to our pleas in giving us their time to answer our questions and the support, encouragement and courage to continue with the battle.

MM

[the_shadow]

Brilliant news MM, I do like a success story

 

S.

[mooiismum]

Thank you S, it's taken a load of weight of our shoulders but we could not have done it without CAG.

Hope it gives others the strength to carry on. They can be beaten and all their threat-o-grams, phonecalls and intimidation tactics are now history!

MM

[underdog13]

congratulations, mooiismum

[Delfi101]

Well, another one bites the dust eh?

 

Well done MM and good on you for sticking it out!!!

 

D