Halifax ignore CCA request and reminder -now I have recieved a Court claim

[pookeymonkey]

Hi all,

 

OK this might be a bit long but I will try and get all the backgorund information in this first post.

 

Got into difficulties late 2006.

 

Received help from a local debt charity, my wife and I had several credit card debts, they negotiated on our behalf. Halifax was the only creditor to keep adding interest so the alleged balance increased by another £300.00.They also issued a default notice for the arrears late November 2006.

 

Blair, Oliver and Scott turned up on the scene February 2007 and after several threatening letters and phonecalls we set up token payments each month.

 

In June 2007 I discovered CAG. Horay!!!!

 

After plucking up courage I started sending out CCA requests Blair, Oliver and Scott got theirs 14/09/2007, I have proof of delivery from Royal Mail.

Heard nothing and they defaulted by going over the 12+30 days, after which I stopped making payments.

 

12/06/2008 I received a Notice of Legal Action from Halifax Litigation Department stating that Court action would commence if I did not pay the balance owing within 14 days from the date of this letter.

 

I wrote back to Halifax informing them of the outstanding CCA request, stating that whilst the defualt continues the account is unenforceableat law and making a formal complaint, this letter was signed for by them on 18/06/2008.

 

On 28/06/2008 I receive a Court claim, with Bank of Scotland as claimant from, Northampton dated 27/06/2008, a full 9 days after Halifax had recieved my complaint!

 

 

A complaint to OFT regarding non compliance of CCA request and offences committed under the Consumer Protection from Unfair Trading Regulations, especially Part 2 section 7 Aggressive Commercial Practices, is being prepared at the moment.

 

The bit I'm not so sure about is how to defend the claim.

 

Should I defend straight away on the basis of CCA default, so unenforceable, or should I acknowledge, then request more information under CPR part 18, and file a more detailed defence.

In a defence can I state the OFT guidelines on debt collection and the new CPUT regs stating offences they have committed.

 

I will scan in as much paperwork as I can tomorrow and in the meantime will get a CPR part 18 letter written just in case I need it. By my calculations service of court claim dated 27/06/2008 is taken as 02/07/2008 and I have until 16/07/2008 to defend, or 30/07/2008 if I acknowledge service.

 

Two last questions. How do I go about getting any hearing moved to my local Court? The alleged ballance contains some late payment charges, does this have any relevance?

 

Any advice gratefully received,

 

Pookey

Edited July 1, 2008 by pookeymonkey

[pt2537]

In the xxxxxxxxxxx County Court

xxxxxxxxxxxx Claimant -v- (YOUR NAME)Defendant

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER PART 18 CPR

 

I have received a recent court claim from your organisation. In order to file a defence and any counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an application will be made for an Order enforcing your compliance under the provisions of the CPR

If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

ok, firstly, slap that in the post to them ( Halifax) , send it special delivery as a matter of urgency, dont forget to amend it first

 

the claim will be moved to your local court anyway since you are a litigant in person so dont worry about that,

[babybear39]

Subscribing...

[harrythehawk]

Me too ! Could well be in the same situation soon ......

[rosierose]

And me! always like to keep an eye on HBOS

[pookeymonkey]

Hi All,

 

I have acknowledged the claim online and have sent CPR 18 request special delivery this morning (thanks PT).

http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxnoticeoflitigationcensored.jpg

http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxcourtclaimcensored.jpg

 

Above is a link to a copy of the Notice of Legal Action and Court claim form, in case anyone would like to see the particulars of claim.

 

I will post a copy of my proposed letter of complaint to the OFT later today for any comments, suggestions or ammendments.

 

Many thanks,

 

Pookey

Edited July 2, 2008 by pookeymonkey

[pookeymonkey]

Hi All,

 

Right I've done my best with my letter of complaint to the OFT, letter writing is not my favourite thing in the world. Any corrections, alternatives, ammendments or sugestions would be gratefully received. I am going to send it either Friday or Saturday so that the 14 days I gave Halifax to answer my complaint about CCA non compliance is well and truely over.

 

Many thanks,

 

Pookey

 

Enquires Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

 

 

COMPLAINT AGAINST HBOS PLC

 

 

Dear Sir/Madam,

 

 

 

 

I wish to complain about the business practices of HBOS PLC and offences committed under the Consumer Credit Act 1974 and the Consumer Protection from Unfair Trading Regulations.

 

 

 

 

On 12/09/2007 I requested a copy of my Consumer Credit Agreement for a Halifax credit card Acc No. xxxxxxxxxxxxxx as is my right as a consumer. This request was sent to Blair, Oliver and Scott Ltd who at the time were acting as agents for Halifax, this request was received on 14/09/2007; I have electronic proof of delivery.

 

 

 

 

I received no acknowledgement of my request. I believe that my request should have been met within 12 working days and after a period of a further 30 days a summary criminal offence had been committed and the account becomes unenforceable at law. After this period I withheld any further payment, as is my right under the Consumer Credit Act.

 

 

 

 

I had no further contact with HBOS PLC or any of their trading names until 12/06/2008 when I received a Notice of Legal Action from Halifax PLC I wrote back to Halifax pointing out that they are still in default of my request for a copy of my Consumer Credit Agreement and that I wished to make a formal complaint. This letter was delivered on 18/06/2008; I have electronic proof of delivery. I received no acknowledgement of this letter.

 

 

 

 

On 28/06/2008 I received a County Court Claim from Northampton (CCBC) County Court (Claim No.XXXXXXXXX) listing Bank of Scotland PLC as Claimant. This claim was dated 27/06/2008, 9 days after my previous letter to Halifax PLC.

 

 

 

 

I believe HBOS PLC have committed an offence under the Consumer Credit Act by not supplying a copy of my Consumer Credit Agreement. Furthermore, I believe that in issuing a Court Claim HBOS PLC actions are contrary to the Consumer Protection from Unfair Trading Regulations including but not limited to Part2 Regulation 7 – Aggressive Commercial Practices.

 

 

 

 

The above actions have caused immense concern and stress to my family and myself, and I feel amount to bullying and abuse of power by a large organisation.

 

 

 

 

Please feel free to contact me should you require any further information or evidence in regard of the above complaint.

 

 

 

 

Yours truly,

 

 

 

 

Pookey

Edited July 4, 2008 by pookeymonkey

[pookeymonkey]

bump!

[babybear39]

Looks fine to me. Also send to Trading Standards.

[pookeymonkey]

Cheers Baby bear,

 

will send a copy to my local Trading Standards, both letters going off tomorrow morning.

 

My CPR 18 request has been delivered to Bank of Scotland's collections and recoveries department so I will give it 14 days for their responce and start getting a defence together.

 

Still no reply from HBOS to my formal complaint about their non compliance of CCA request, this was delivered on 18/06/2008.

 

Pookey

[pookeymonkey]

Hi,

 

this is what Halifax sent in reply to my CPR request, attached to it were some computer records of 6 phone calls from 2007 that do not give any useful information and a copy of their Privacy Statement.

 

http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxcprreply.jpg

 

It says that a copy of the original agreement has been requested and will be sent once received, not much use in writting a defence. I thought that to correctly submit a court claim this had to be included with the court papers. I sent the original CCA request in September 2007!

 

Anyway I will sort out my defence over the weekend and will post a first draft tomorrow, any help would be much appreciated.

 

Pookey

 

PS Are HBOS in difficulty? They seem to have gone all out on Mrs Pookey and me recently.

[MARTIN3030]

Just for clarity-its not 30 days for compliance-its 1 calendar month.

[Having_A_Knightmare]

THe claim they have issued is identical to the Sainsburys one they have issued on me. POC is the same.

 

Makes you think they are serving them out thinking people will just cave in...

 

What sort of reply is that as welll to your CPR request!!

[AndyOrch]

Hi Pookey

 

Just catching up on your thread as promised.Nice Default Notice BTW not:rolleyes:

 

 

Regards

Andy

[pookeymonkey]

Hi,I have found a default notice for the alleged account issued in November 2006.I noticed that I was defaulted on the arreares at that time, and as Halifax continued to add interest for a further 3 months, the ballance on the default notice is different to that on the court claim form.http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxdefault1.jpghttp://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxdefault2.jpgI dont know if this can be used in my defence at all. Also would it be reasonable to ask for the case to be struck out at this time, due to the fact that HBOS have had over a year to supply the CCA, were reminded of this before issuing a court claim and still have failed to supply it in responce to my CPR request. As a result it could be seen that HBOS are abusing the legal system and wasting the courts time.Pookey

[Having_A_Knightmare]

PM

 

The pic is not there...

 

Good point about Default notice

[pookeymonkey]

Don't know what happened there, I posted with spaces in the text and pictures but it appeared all in one block. I think my computers got sunstroke!

 

 

Hope this is better

 

Pookey

Edited July 27, 2008 by ukaviator
Name and address shown on link. Links removed

[AndyOrch]

Hi Pookey

 

Ok DN looks ok re layout perscribed terms.

 

 

Regards

Andy

[Having_A_Knightmare]

How many days does it give you and what was the date of the agreement

[Having_A_Knightmare]

Pm

 

You Need To Get Your Name And AdDress Off it!!

[ukaviator]

Links removed

[pookeymonkey]

Thanks for that, sorry!

 

Think I must have got sunstroke as well, or maybe its just the shock of seeing the sun more than 2 days in a row!!

 

Ive deleted my name and address :-

 

http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxdefault1-1.jpg

 

http://i237.photobucket.com/albums/ff266/pookeymonkey/halifaxdefault2.jpg

 

HAK, the default notice gives me '28 days from the date of this letter' to pay the arrears. There is no mention of the date of the original agreement in the default notice (but it was from early 2003).

 

Sorry about the mix up,

 

Pookey

[AndyOrch]

" HAK, the default notice gives me '28 days from the date of this letter' to pay the arrears. There is no mention of the date of the original agreement in the default notice (but it was from early 2003)."

 

Should be 14:confused:

 

 

Regards

Andy

Edited July 27, 2008 by Andyorch

[Having_A_Knightmare]

I think as long as it is not less then 7/14 it is OK

[pookeymonkey]

At last , here is my draft defence (thanks Andyorch), took longer that I hoped as I had one eye on mini-me in her little paddling pool!

 

 

Any comments/help from here would be much appreciated.

 

Defence

 

Pookey v Bank of Scotland

 

 

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.

It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970. The Defendant would also ask that offences committed by the Claimant under the Consumer Protection from Unfair Trading Regulations, including but not limited to Part 2 Regulation 7 – Aggressive Commercial Practices, are taken into consideration.

 

 

Regarding that which is denied, on the 12th September 2007, a request was made under section 78, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to the Claimant, with the statutory £1.00 fee enclosed. It was received on the 14th September 2007. The Claimant had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.The Claimants have failed to produce a credit agreement to substantiate their claim that monies are owed under a regulated credit agreement. Therefore I do not acknowledge that any debt is owed to Bank of Scotland PLC. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, Claimants are in default of said request under section 77(6)(a) of The Consumer Credit Act 1974.

 

On 10th June 2008 the Claimant sent a ‘Notice of Legal Action’, this was received on 13th June 2008. I replied to the Claimant reminding them of their non-compliance of my request to obtain a copy of a credit agreement that the alleged debt refers to. This letter was sent recorded delivery and was received on 18th June 2008, a copy of which is attached. On 27th June 2008 a claim was issued through Northampton (CCBC) County Court.

 

 

Regarding that which is denied, on 2nd July 2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, a copy of which is attached, which is vital to this case from the claimant. It was sent by recorded delivery and was received on 4th July 2008. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice.

 

To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

 

Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement

 

It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

 

 

 

 

Regarding that which is denied, I respectfully request the court give consideration to striking out the claimant’s case pursuant to part 3.4

(2) The court may strike out a statement of case if it appears to the court -

 

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

 

If the court considers it in appropriate to use its case management powers, it is requested that the court order the claimant to produce a compliant credit agreement, which complies with the Consumer Credit Act 1974 and the Consumer Credit Agreements Regulations 1983. Without production of the requested documents the case cannot be dealt with justly and fairly, and will severely prejudice my rights to a fair trial as laid out under Article 6 of the Convention rights contained within the Human Rights Act 1998

 

In addition, should it be suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 12/03/2003 the Consumer Credit Act 1974 is the relevant act in this case.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

 

 

 

Pookey

Edited July 27, 2008 by pookeymonkey