ashling's unenforceability diary

[Never-In-Doubt]

Re: ashling's unenforceability diary

HBOS CREDIT CARD

Type of account (credit card)

26/4/2014 Sent a CCA request to Lowells copy to Bryan Carter

10/5/2014 Letter from Bryan Carter noting I have requested documents but I should contact them by 30th May with payment proposals.

29/5/2014 sent letter to bryan carter advising that I have sent a CCA request to Lowells, they have not responded and they cannot enforce in court until they reply. The letter also asks to place account on hold. (sent as advised by Elsa)

06/6/2014 Reply from Bryan Carter they have referred to their client and await instructions. In the meantime account on hold.

26/9/14 Letter from BC saying they have attached a copy of the credit card application and statement of accounts. (What is actually attached is a set of terms and conditions dated 2008 with my name and address printed on the first page).

1/10/14 Sent BC the Missing Prescribed Terms letter.

6/10/14 BC have sent me a letter saying it is not necessary to provide me with a signed copy and I should contact them by 20 Oct with my proposals or they will seek their client’s (Lowells) instructions about further legal action.

28/10/14 I sent them the CCA Query - Refusal to Accept UE Status letter as per Deepie’s post.

I have now received a reply from BC they say if I require documentation pursuant to sections 77-79 of the CCA 1974 I can sent a £1 etc. They say they have placed my account on hold for 14 days.

I have already sent them a CCA request with a £1 on 30th April.

What do I do next please??

Hiya,

Sorry for the delay in responding - if necessary send me a PM so it reminds me to login and check progress as I am really busy just now so miss posts.....

Ok regards HSBC/Lowell/Bryan Carter - what you need to do is send the attached (bespoke to your specific situation) - lets see what that does

ashling-bryan-carter-nov2014.doc

[ashling]

Re: ashling's unenforceability diary

Have Just seen your reply today Niddy. Have been off-line for a couple of days myself. Thanks for your reply. I have downloaded the letter and it looks amazing. Thank you so much. I will be sending this off signed for delivery soon as they did give me 14 days. I can imagine how busy you must be helping everyone and I really appreciate you helping me. I would be a nervous wreak without you lot I will update and let you all know what happens I'm sure they will be a bit confused now.

[ashling]

Re: ashling's unenforceability diary

Hello everyone,

Hope you are all ok. Well I sent the above letter by signed for delivery last week. thanks for that Niddy. Well they have already replied and I am disappointed in their reply. Basically they are repeating the same thing over and over. I will type out below what the main paragraph says:

"We confirm we informed you in our letter dated 6 october that a true copy will contain all the material provisions which would have been provided in the original agreement. It is not necessary to provide you with a signed copy of your contract for this purpose. We therefore consider that our client has complied with its obligations under the Consumer Credit Act."

They go on to say they want my payment proposals by 29 November. Also there is a matter of my surname is now different as I have re-married since this account was opened in 2003. They want proof of this change but I am not comfortable sending them more personal details. Please could you also advise what to do about this.

I look forward to hearing replies with what to do next. Thanks in advance.

[ashling]

Re: ashling's unenforceability diary

Hello,

Hope everyone is doing ok. Just a reminder on this please should I reply to them with another letter? I should send them something by Thursday. Any ideas??

[Never-In-Doubt]

Re: ashling's unenforceability diary

Hiya

You don't need them to know your new surname - so why offer it out to them? I wouldn't respond yet, this is normal tactics - you go round in circles.

Just wait and see what they say next. p.s. you will learn not to pay attention and stress out at given deadlines, DCA's are bullies. That's all.

[ashling]

Re: ashling's unenforceability diary

Ok Niddy thanks very much for having a look. Will ignore for now and post back with any further letters they send. Thanks.

[ashling]

Re: ashling's unenforceability diary

Just an update. Hope everyone had a lovely Christmas. I have not had any more letters from Bryan Carter's, so Niddy's last letter seems to have worked so far. Thanks to everyone and hope you all have a good New Year too.

[ashling]

Re: ashling's unenforceability diary

HBOS CREDIT CARD


Type of account (credit card)

Date commenced (May 2003)

Approx balance £728

Date last paid (2/3 months before June 2009)

Are you on arrangement or not paying not paying

Status (default)

Account owner (Lowells and now with Bryan Carter)







Hello Everyone,

Thanks to all who have helped me so far. Unfortunately I have received a letter from Lowell's today. They are offering me a discount of 30% off the debt. This debt should come off my credit file sometime in June. They are giving me 15 days to respond. Could someone please help and advise what I should do now. Any help gratefully received as I don't have any money to pay them. I will wait to see what you all advise. Thanks.

[Deepie]

Re: ashling's unenforceability diary

HBOS CREDIT CARD


Type of account (credit card)

Date commenced (May 2003)

Approx balance £728

Date last paid (2/3 months before June 2009)

Are you on arrangement or not paying not paying

Status (default)

Account owner (Lowells and now with Bryan Carter)







Hello Everyone,

Thanks to all who have helped me so far. Unfortunately I have received a letter from Lowell's today. They are offering me a discount of 30% off the debt. This debt should come off my credit file sometime in June. They are giving me 15 days to respond. Could someone please help and advise what I should do now. Any help gratefully received as I don't have any money to pay them. I will wait to see what you all advise. Thanks.

If it were me I'd ignore for now and see if they send anything else ....

[ashling]

Re: ashling's unenforceability diary

ok thanks very much Deepie. I will do that.

[The Tech Clerk]

Re: ashling's unenforceability diary

RED/Hampton/Lowell - Support Group

Look here at diaries - see what next! with their antics

[ashling]

Re: ashling's unenforceability diary

Thanks The Tech Clerk I will have a read of that thread over the next few days at least I know I am not the only one they are hounding. I am feeling a bit more confident now and thank you all for your great support.

[CleverClogs (RIP)]

Re: ashling's unenforceability diary

RED/Hampton/Lowell - Support Group
Look here at diaries - see what next! with their antics

And remember the meaning of Hampton in rhyming slang - link

[ashling]

Re: ashling's unenforceability diary

Thanks Clever Clogs. I had to actually google what you meant about hampton But yes I agree now and will wait to see what their next move might me. I'm so glad all you wonderful people are here to help people like me. Life is sometimes stressful enough without these bullies.

[ashling]

Re: ashling's unenforceability diary

HBOS CREDIT CARD

Type of account (credit card)
Date commenced (May 2003)
Approx balance £728
Date last paid: Jan 2010
Are you on arrangement or not paying not paying
Status (default) in June 2009.
Account owner (Lowell)

Over the years this has been passed around various DCA's but have not kept any paperwork.

23/4/2014 Letter from Bryan Carter they have received instructions to issue court proceedings if payment not received by 7/5
26/4/2014 Sent a reply to the LBA asking for documents to Bryan Carter
26/4/2014 Sent a CCA request to Lowell copy to Bryan Carter
10/5/2014 Letter from Bryan Carter noting I have requested documents but I should contact them by 30th May with payment proposals.
29/5/2014 sent letter to bryan carter advising that I have sent a CCA request to Lowell, they have not responded and they cannot enforce in court until they reply. The letter also asks to place account on hold. (sent as advised by Elsa)
06/6/2014 Reply from Bryan Carter they have referred to their client and await instructions. In the meantime account on hold.

In the meantime I had sent a SAR to Halifax as I wanted to know last payment date and if they had a credit agreement. I have received a signed application form and 2 sets of terms and conditions.

9/6/14 Sent e-mail to Niddy with application form and 2 sets of terms and conditions.
12/6/2014 Reply from Niddy he says it looks enforceable.

26/9/14 Letter from BC saying they have attached a copy of the credit card application and statement of accounts. (What is actually attached is a set of terms and conditions dated 2008 with my name and address printed on the first page).
6/10/14 BC have sent me a letter saying it is not necessary to provide me with a signed copy and I should contact them by 20 Oct with my proposals or they will seek their client’s (Lowells) instructions about further legal action.
28/10/14 I sent them the CCA Query - Refusal to Accept UE Status letter as per Deepie’s post.
30/10/2014 I have now received a reply from BC they say if I require documentation pursuant to sections 77-79 of the CCA 1974 I can sent a £1 etc. They say they have placed my account on hold for 14 days.
13/11/2014 Sent Niddy’s special letter.
17/11/2014 BC reply saying they sent me statements and they have sent me a ‘true copy’. They say they do not need to provide me with a signed copy of my contract. Ask me to contact them by 29/11 with proposals for payment.
Just ignored as per Niddy’s post.
22/4/2014 Lowell sent me a statement of the account.

Just updating but could also do with some advice please. Because I did a SAR from HBOS I have discovered that last transaction on this account is January 2010. So statute barred is further away than I thought. It is due to drop off my credit file at end of this June. Seems to be back with Lowell now as they sent me a statement. I am just planning to ignore for now so just making sure this is the right thing to do. The advice I need is I am planning to move home in the next few months so what do I do then about the address as if they do decide on legal action I don't want to get a default judgement a the old address. So my question really is do I give them my new address or what do I do when I move?? Would be grateful for any advice, thanks.