HBOS, Yorkshire Bank CCs, and other

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

I must admit I had some difficulty getting to post #1, but got there in the end and think this an excellent development in many ways. It will be a valuable service; the site owner certainly deserves a contribution towards costs; and a whole dossier of harassment relating to numerous victims might produce a serious police investigation, even a prosecution.

Is there any way this service could be got on to the home page, ideally nearer the top? With such a welter of information available the geography might be a little difficult to arrange, but it's a shame to see so many posters saying "this would have helped me back in the day..."

Very best of luck.

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

Having heard from Yorkshire Bank finally with a reconstituted "true copy," I have been reading Carey v HSBC. As I read it they have satisfied S78, so the agreement is no longer unenforceable for breach of that section; but if they wish to take things further, the requirement to provide a signed copy still exists.

As they have given me 8 pages of photocopies but no signed agreement, I can reasonably assume they don't have it. So the situation is, I do not have certainty, but I can be pretty confident that's an end of it for practical purposes. Is that a fair summary?

One worry is that I think I remember reading here of a case which decided that they don't need to provide a signed copy at all if they can show that it was their normal, standard practice to make such an agreement. Am I right or did I imagine this? If I am right, I'd be very grateful to be referred to the case.

[BBoo]

Re: HBOS, Yorkshire Bank CCs, and other

You need to send the agreement to Niddy for a definite answer whether or not it's enforceable. It's not something you should be making a judgment on by yourself, although it's always good to mug up your knowledge.

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

I think he's off on holiday in a couple of days - only fair to give the poor chap a chance! I'd be very grateful for any input on the possibility of a signed agreement not being needed at all, though.

[Never-In-Doubt]

Re: HBOS, Yorkshire Bank CCs, and other

I think he's off on holiday in a couple of days - only fair to give the poor chap a chance! I'd be very grateful for any input on the possibility of a signed agreement not being needed at all, though.

There is no need for a signed copy to be presented, in line with various case laws including Carey v HSBC.

Remember a bank/dca will say anything to get you to pay, I mean anything

Send it me and I look now mate - agreements@all-about-debt.co.uk

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

e-mail with all documents sent from Yorkshire Bank now sent.

[Never-In-Doubt]

Re: HBOS, Yorkshire Bank CCs, and other

e-mail with all documents sent from Yorkshire Bank now sent.

Thanks - you never filled that in though did you, ie that attempt at a recon where someone had manually added your name and address; that is not your writing - true? (or not)..?

In any case it is unenforceable.... totally and 100% so

I would respond as follows: ---> CCA Query - Missing Prescribed Terms

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

Many thanks for dealing with this so swiftly, especially when you must have other and much pleasanter things on your mind! I shall look at this in more detail later on today.

[Never-In-Doubt]

Re: HBOS, Yorkshire Bank CCs, and other

Many thanks for dealing with this so swiftly, especially when you must have other and much pleasanter things on your mind! I shall look at this in more detail later on today.

Thats what we're here for - best of luck.....

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

Should have said earlier - no, that's not my writing.

[Never-In-Doubt]

Re: HBOS, Yorkshire Bank CCs, and other

Should have said earlier - no, that's not my writing.

I already knew lol

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

2 developments - one might be of general interest.

HBOS have finally given the requested documents - with my signature, 9 years old! I look forward to Niddy's take on that when he gets back.

And I have just spoken at enormous length (why do companies use non English speakers for telephone work?) to MBNA, one of my after 2007 cards, and they are suggesting £1 a month! Nothing in writing yet but if that works out it will be as good as unenforceability.

[oscar]

Re: HBOS, Yorkshire Bank CCs, and other

I wouldnt hold ypu breath with getting the agreement from MBNA in writing - what they say on the phone and what happens in reality are two different things - and I used to work there!!

[musketeer]

Re: HBOS, Yorkshire Bank CCs, and other

Hi Niddy, hope you had an enjoyable break. Will now scan what I have from HBOS and then send it to you, if I may.

A further development is that Lloyds have told me any credits to my account may be set off against what's owing on that card, so that current account is now dead to me. Good or bad, that takes the decision out of my hands so that's another Section 78 letter to go shortly.

[Never-In-Doubt]

Re: HBOS, Yorkshire Bank CCs, and other

Cheers

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