Hbos. Intended Court Action Letter Credit Card debt

[Guest HeftyHippo]

No, no need to SAR them at this stage, save your money and effort, if they can't even produce an agreement for a CCA request, it is unlikely to appear in a SAR.

 

I disagree, I've had 2 recons from BoS companies. SAR revealed that they have at least parts of the original agreement. Crucially, they have the signature pages. A judge may be willing to accept the recons as evidence of the agreement contents, and will certainly accept the signed page as evidence that you did intend to enter into an agreement.

 

Its quite possible that if court proceedings do start, they will produce your original agreement. If you're not expecting that you're stuffed. Do a SAR request for peace of mind. The banks are all finding ways to be awkward. BoS seem to do it with CCAs sending recons maybe because they don't have all the originals, and their policy is to lead people to beleive that the recon is just the same. HSBC do it with SARs, refusing them unless your signature is the same as what they have on record.

 

Just because a bank doesn't cooperate with what you want in terms of paperwork doesn't mean they don't have it. Maybe they don't, but if they do and you don't know it, you'll get caught out. If you can afford it, do the SAR and find out so you know how strong their case is.

 

You should also write back and ask them how they ensure the recon is accurate.

[Bazooka Boo]

Yes somewhat agree, however, the OP made a valid legal CCA request, which they have failed to produce, if they have it then why not send it?

 

Also if there were ever any mention of them taking legal action then a request for the information they will be using in court can be made under the Civil Procedures Rules, thus negating any need for a SAR, and saving a tenner for beer!

 

Personally I would only ever really recommend asending a SAR for Mobile phone contracts, and to see what bank charges have been applied to an account.

 

I would argue that if they did not send the CCA request when asked, then turn up in court with it that it should be thrown out, as there is no need for court action, now the alleged debtor has the evidence asked for, and any costs involved be met by the OC/DCA for wasting the courts time.

 

Boo;)

[rhos123]

Yes somewhat agree, however, the OP made a valid legal CCA request, which they have failed to produce, if they have it then why not send it? totaly agree with you bb.

 

Also if there were ever any mention of them taking legal action then a request for the information they will be using in court can be made under the Civil Procedures Rules, thus negating any need for a SAR, and saving a tenner for beer! tenner for beer great:)

 

Personally I would only ever really recommend asending a SAR for Mobile phone contracts, and to see what bank charges have been applied to an account. yes agree.

 

I would argue that if they did not send the CCA request when asked, then turn up in court with it that it should be thrown out, as there is no need for court action, now the alleged debtor has the evidence asked for, and any costs involved be met by the OC/DCA for wasting the courts time. again totaly agree.

 

Boo;)

cheers boo, i will now await thier next move. many thanks for your help .

[rhos123]

 

recived this today, from blair &co. had plenty of other letters from them this is the first type court action. any advise most welcome thanks.

[harrassed senior]

ok, we need more information in order that we can structure our replies to help:

 

What is this for, ie. Loan, Credit Card, overdraft etc.

When was this taken out

Have you sent for a CCA

When was last payment made

[rhos123]

ok, we need more information in order that we can structure our replies to help:

 

What is this for, ie. Loan, Credit Card, overdraft etc. credit/card

When was this taken out 2001.

Have you sent for a CCA yes oct 09/ sent the account dispute letter nov 09. they sent a recon, terms. but no agreement.

When was last payment made

dec 08.

 

 

[harrassed senior]

Did you send the Account in dispute letter at the time?

 

I would personally ignore them for now, if, and it is a big IF they do send a Court Summons it will be easily dealt with as they definitely HAVE to produce a valid Agreement for the Court, and a Judge would want to know why it was never produced at the time requested.

[rhos123]

Did you send the Account in dispute letter at the time?

 

I would personally ignore them for now, if, and it is a big IF they do send a Court Summons it will be easily dealt with as they definitely HAVE to produce a valid Agreement for the Court, and a Judge would want to know why it was never produced at the time requested.

 

hi, hs yes i did send the account dispute letter, after i did not receive a copy of the original agreement as requseted in the cca letter, within the time limit. 6 weeks after sending the cca requset i recived a reconstruction of terms , no agreement.

 

i then sent a letter of formal complaint to the halifax for not sending the agreement. they sent a reply saying they are looking to retrive the agreement, and will send it to me.

 

so no agreement just this letter of court action??. thanks hs for your time and help with this.

[harrassed senior]

I am sure you are not going to be issued with a summons, they know only too well that they would not have a leg to stand on. There is a letter that you can send, telling them politely to 'go away' I will have a look and see if I can find it later and post it up for you.

[rhos123]

I am sure you are not going to be issued with a summons, they know only too well that they would not have a leg to stand on. There is a letter that you can send, telling them politely to 'go away' I will have a look and see if I can find it later and post it up for you.

 

thanks, hs please post the letter. once again thanks for all your help.

[harrassed senior]

To Whom It May Concern:

 

Your Reference: Agreement Number: xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Further to your letter of the ====== inferring that you are preparing Court Action in this matter, I enclose herewith a letter from the Original Creditor, Halifax who confirm that they have as yet not supplied the required Agreement requested in previous correspondence and therefore the above account remains in dispute.

 

This means that no further action can legally be taken, and this account should not be persued until such time as this Agreement is provided.

 

You will, of course be aware that sight of this Original Agreement will be required to persue any Court Action.

 

Please therefore take this letter as formal notice that I will no longer be replying to any further correspondence you send.

 

 

I couldn't find the one I was after, but this is one that I have personally used with success.

[Bazooka Boo]

Blair Oliver & Scott, is Halifax.

 

B.O.S=Bank of Scotland=Blair Oliver & Scott=Halifax

 

As they have inferred Court action send them a CPR request to see what it is they intend to use against you in court, guaranteed they will go quiet and flog your alleged debt to a bottom feeder like moorcr@p or robbers way.

[harrassed senior]

Account number

 

I write with regards to the above account with your organisation. Following you letter dated xxxx stating your intention to start court action, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date

[rhos123]

Account number

 

I write with regards to the above account with your organisation. Following you letter dated xxxx stating your intention to start court action, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date

 

hi hs thanks for this shall i send to blair& co or direct to halifax?

[ejleigh68]

I would send it to both that way they cant play the old we sent it to the OC routine ....

Dont worry even if they send you court paperwork they did the same to me however they ommitted to attach any documentation to Northampton Bulk Centre, I just requested as you have been advised to under CPR any documentation they intended to use in court. That was a month ago and still no answer. All this we will take you to court lark is just a scare tactic, even if they do serve you from Northampton Bulk Centre its a fair bet they wont follow through, Halifax are really trying to step up the pressure with these "reconstructed" agreements and are getting somewhat put out that a lot of people are totally ignoring them and just repeating requests for the original....me thinks they are trying not to write down anymore debt as the spot lights really on the banks at the moment ....

Edited March 24, 2010 by ejleigh68

[rhos123]

I would send it to both that way they cant play the old we sent it to the OC routine ....

Dont worry even if they send you court paperwork they did the same to me however they ommitted to attach any documentation to Northampton Bulk Centre, I just requested as you have been advised to under CPR any documentation they intended to use in court. That was a month ago and still no answer. All this we will take you to court lark is just a scare tactic, even if they do serve you from Northampton Bulk Centre its a fair bet they wont follow through, Halifax are really trying to step up the pressure with these "reconstructed" agreements and are getting somewhat put out that a lot of people are totally ignoring them and just repeating requests for the original....me thinks they are trying not to write down anymore debt as the spot lights really on the banks at the moment ....

 

hi,right i will send to both halifax and blair &co, i dont care if they take me to court, but i will not pay them the £700 in late charge fees, over limit fees that has been added .

[rhos123]

lots of guests , viewing

[Dotty50]

Hi Rhos,

 

I keep complaining to them and got charges and fees refunded to the cc of over £1600, still waiting for a copy of CCA, although supplied a very old app from 1988!

[rhos123]

Hi Rhos,

 

I keep complaining to them and got charges and fees refunded to the cc of over £1600, still waiting for a copy of CCA, although supplied a very old app from 1988!

 

HI, DOTTY50 i have not yet looked into reclaiming the charges and fees that have been added to this account! i an still waiting for them to send my cca.as per my request i have not even recived a application form (2001) only recon terms that they say is the original agreement. they have sent a letter saying court papers are in prosses , however i have recived a letter from moorcroft dca pre court division:-o . it seems i have been sent on the dca merry go round:). until i get the original cca no payment will be made unless the judge says otherwise:D

[Dotty50]

Hi Rhos,

 

I hadn't put in a reclaim to Halifax, I had just asked in an early letter that interest was frozen and no charges added due to a change in circumstances, the amount that they credited was just for the last 8 months.

 

I think they are trying to make themselves look good in front of a judge!

 

This account is still with their inhouse collectors Blair Oliver & Scott

[rhos123]

Hi Rhos,

 

I hadn't put in a reclaim to Halifax, I had just asked in an early letter that interest was frozen and no charges added due to a change in circumstances, the amount that they credited was just for the last 8 months. i did ask them stop adding charges etc, seems it fell on deaf ears, almost £800 IN CHARGES fees etc have been added!!

 

I think they are trying to make themselves look good in front of a judge! looks like i may have to buy a new shirt and tie

 

This account is still with their inhouse collectors Blair Oliver & Scott

poor old moorcroft no pennies for them

[Dotty50]

i did ask them stop adding charges etc, seems it fell on deaf ears, almost £800 IN CHARGES fees etc have been added!!

 

Well make them listen, send an official complaint, if you haven't already done so.

 

Bear in mind IF they did ever go to court, all the unlawful charges are included if a CCJ is awarded, of course the charges will stop at the point of issuing a DN.

[tosh1]

subbing. im in the same boat myself

[rhos123]

subbing. im in the same boat myself

 

hi tosh1 have you recived a pre court letter from moorcroft muppets, i was thinking of sending a cca request to them. maybe a waste of a stamp.

[Bazooka Boo]

Moorcr@ps 'Pre-court division' was formulated by the 'Pre-school division' and had a lot of input from their 'Pre-clown division'

 

I've just been checking my old files, and have realised I am now 15K better off, well out of debt, due to Shallowfax' incompetent and faulty DN....oh deep joy!

 

They will probably pass it onto their 'Home Collections Division' ( which would be theft wouldn't it?) before flogging it onto another dead horse..

 

If you have already sent a CCA request, and have proof that you have done so, then there is no need to send them one again, if the first DCA or OC failed to supply the agreement, then the account is in dispute and must not be passed around for others to pursue, all breaches of this nature must be reported to the OFT.