Loopyloo UE Diary

[PlanB]

Re: Loopyloo UE Diary

a date and time for a courier to attend your address was agreed, they brought the papers asked for identification [ passport etc], once signed and courier has seen proof identity , the courier phones a number and gives the loan agreement number, presto, the money is deposited into your account

Haven't I read something on here about these courier deliveries It's to do with the fact that the borrower couldn't have read the Ts & Cs at the time the CCA was signed (or not signed) because the courier wouldn't have waited for you to read and understand the whole agreement while his motorbike was on a double yellow line outside the house. Didn't they simply hand over an unopened envelope after checking the person's identity? Something like that.

[Never-In-Doubt]

Re: Loopyloo UE Diary

The courier service by default makes it UE as they were not financially qualified to give advice so technically at the point they knock at your door and hand you the agreement, any questions would be ignored hence you were not given the appropriate rights and it becomes unenforceable.

Similarly, the courier did not wait for you to read and accept the terms which is another reason it's UE.

Thats how we got Elsa's £25k debt settled at £5k

[Loopyloo]

Re: Loopyloo UE Diary

I think I'll draft HBOS a little letter pointing out the courier aspect, since they haven't mentioned anything about it in theirs. They no longer offer that service for reason so I'm sure they know.

Thanks guys

[Never-In-Doubt]

Re: Loopyloo UE Diary

I think I'll draft HBOS a little letter pointing out the courier aspect, since they haven't mentioned anything about it in theirs. They no longer offer that service for reason so I'm sure they know!

Nooooooo don't ever give away your ace card. Never

just leave it for now. Trust me here!

[Never-In-Doubt]

Re: Loopyloo UE Diary

30/11/13 - Letter received from HBOS - Further to our telephone call blah blah, they cannot explain why the dates are incorrect, but they are happy the the procedures they had in place when the loan was taken out. They believe the loan is enforceable and I should now contact 1st Credit or complain to the ombudsman.
Niddy looked at the agreement while ago and it is all there and correct, apart from the bit in the t&cs explaining about how it will be delivered by courier and the fees. I wasn't sure at first if it was delivered by courier as I thought I signed for it in branch, but looking through the info in my SAR it was courier delivered. Niddy mentioned if it was delivered by courier it could be UE. HBOS have made no reference in their letter about the courier despite detailing everything else that was said! My recollection of previous loans being delivered by courier is they turn up ask you to sign then take it away (HBOS also confirmed this on phone, it would have been signed and taken away for signature to be verified) then funds where deposited into my current account.
Not sure what to do with this now, as I had a legal threat from Yuil & Kyle back in March could they proceed with it again without further correspondence? Any ideas for a letter I could write to HBOS advising that it is UE because it was delivered by courier and explaining why - could also be why I don't remember signing it!

Thanks

Well this is similar to Elsa's. Hers was good other than the method of delivery. We settled that for peanuts compared to the amount claimed. Elsa was happy to settle; we could have fought but she wanted closure and thus agreed to pay a max of £5k so we did just that.

Remember we've a senior contact at 1st credit who will help resolve any issues if necessary. For now sit tight. Just do nothing!

[Loopyloo]

Re: Loopyloo UE Diary

Nooooooo don't ever give away your ace card. Never

just leave it for now. Trust me here!

I suppose, best leave that up my sleeve until it gets heavy! Why should I point out their errors. See that's why this forum is great.

That smiley is brilliant!

[Loopyloo]

Re: Loopyloo UE Diary

Well this is similar to Elsa's. Hers was good other than the method of delivery. We settled that for peanuts compared to the amount claimed. Elsa was happy to settle; we could have fought but she wanted closure and thus agreed to pay a max of £5k so we did just that.

Remember we've a senior contact at 1st credit who will help resolve any issues if necessary. For now sit tight. Just do nothing!

I will, thanks again.

[PlanB]

Re: Loopyloo UE Diary

The courier service by default makes it UE as they were not financially qualified to give advice so technically at the point they knock at your door and hand you the agreement, any questions would be ignored hence you were not given the appropriate rights and it becomes unenforceable.

Similarly, the courier did not wait for you to read and accept the terms which is another reason it's UE.

^^^^ which is why we look beyond non-compliance with section 78 for other reasons for a debt to be

[PlanB]

Re: Loopyloo UE Diary

Why should I point out their errors.

When you can get Niddy to do that for you

[Loopyloo]

Re: Loopyloo UE Diary

When you can get Niddy to do that for you

Ha to true!

[nightwatch]

Re: Loopyloo UE Diary

I knew my short time in finance would come in handy!

[Never-In-Doubt]

Re: Loopyloo UE Diary

I knew my short time in finance would come in handy!

Yep - you seen the light lol

[Loopyloo]

Re: Loopyloo UE Diary

HBOS Current Account
£2900
Opened - 06/09/2000
Last Credit into account April 2009
Owned by Lowell's - not paying


04/11/13 Letter received from Hampton's, identical to the same one they sent me 2 weeks ago. " I have left them no option so they are looking into potential court action. Do I know the consequences of sequestration Etc etc"


06/11/13 Sent Hampton's the bank account CCA request letter


16/11/13 Letter received from Lowell's - Advising they have requested 'statements' from HBOS, it may take some time, account has been out on hold and there is no need for me to contact them again regarding this matter.

^{13/12/13 - Letter received apologising with the delay for dealing with my complaint, but they will have the investigation completed within 8 weeks. It's from their Compliance team.}

I'm not responding to their letter, but I'm not sure why my CCA letter to them has anything to do with compliance? I did mention to them in one letter that their letters are threatening me with sequestration on a debt less than £3000 which is limit in Scotland ( I know they can club my other debts to take it over that, but as they are not mentioning that fact in their letters I think it was wrong of them to threaten it on just this one debt) I might have been wrong saying that but I was in a foul mood at the time! So I think that's why they are treating it as a complaint, but at least they'll leave me alone for a bit......hopefully!!

[Pixie]

Re: Loopyloo UE Diary

DCAs tend to treat any letter you send to them as a complaint. There's no point worrying, just wait and see what they send...and enjoy Christmas in the meantime!

[Loopyloo]

Re: Loopyloo UE Diary

^{13/12/13 - Letter received apologising with the delay for dealing with my complaint, but they will have the investigation completed within 8 weeks. It's from their Compliance team.}

I'm not responding to their letter, but I'm not sure why my CCA letter to them has anything to do with compliance? I did mention to them in one letter that their letters are threatening me with sequestration on a debt less than £3000 which is limit in Scotland ( I know they can club my other debts to take it over that, but as they are not mentioning that fact in their letters I think it was wrong of them to threaten it on just this one debt) I might have been wrong saying that but I was in a foul mood at the time! So I think that's why they are treating it as a complaint, but at least they'll leave me alone for a bit......hopefully!!

23/12/13 - Letter received from Lowell's - They have concluded their review of my complaint ' This account is a bank account blah blah we refer you to section 74(b) of CCA 1974 whereby any requirement to supply a copy of the agreement is exempt for current accounts. Our view is that HBOS sold the account on the basis that the debt was properly due and owing. In the circumstances, however I have decided to close your account and will take NO further action to recover the debt'

Woop woop!! My wee heart sank when I just came in the door and saw a letter from them, as I didn't want anything hanging over me, over Xmas period. They said they will update credit file accordingly, but can they still sell this debt on? As they don't mention if they are passing it back to HBOS, or their actual reason for closing it, just that they will no longer try to recover it. So happy I could scream right now!!